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must have alternately prevailed, since the opinions expressed by authority have undergone frequent changes.

On the 30th of April, 1846, Mr. Secretary Gladstone had instructed the Governor to ascertain if the inhabitants would be inclined to receive con- victs after they had undergone a certain period of probation. On the 6th of November, 1846, the Governor transmitted some petitions against the measure, and the report of a Committee of the Legislative Council in its favour. On the 25th of September, 1847, the Governor reported that the Council differed from its Committee, and was opposed to the reception of convicts. By a later

despatch, however, of the 10th of April, 1848, it Parl. Paper, February 1849, p. 38.

^ appeared that the Council was willing to receive

convicts on some terms stated in a despatch from

Lord Grey, the principal condition being, that free Lord Grey, September 3. 1847; emigrants should be sent out in a number equal to

the convicts. But by the time that this despatch arrived, the finances of Great Britain did not admit of

giving effect to that condition, and the question had

to be referred back to the colony in a despatch

Parl. Paper, May 1848, p. 7.

19.

dated 8th of September, 1848. The Legislative Part. Paper, February 1849, p. 50. Council replied in June 1849, by declining the Parl. Paper, January 1850. p.` recept on of convicts on any terms, and by strongly protesting against transportation in any form. The finances at home had in the meantime improved, and convicts were in course of being sent in strict and precise conformity with the terms agreed to by the

Council in April 1848, bût they never receded from Lord Grey, November 10, 1849;

Part. Paper, January 1650, p. 46.

their later resolutions of June 1849, and have con- tinued to the present date to object to receive any more convicts. On the other hand, Her Majesty's Lord Grey, November 16, 1849; Parl. Paper, January 1850, p,5 Government most distinctly stated that it had not

the least intention of sending any convicts, ex-

cept with the concurrence of the Legislature, and

,51.

in compliance with their repeated instances, the

Parl. Paper, May 1851, p. 23.

Government at last even advised Her Majesty to Lord Grey, April 10, 1851; rescind the Order in Council by which transport- ation to New South Wales, in common with some other places, was made legal in point of form, even though that order was quite a dead letter after the Government had pledged itself not to send out any mo e convicts. The Legislature made it a soit of point of honour that New South Wales should not even be considered as a place to which transport- ation was so much as possible. It is unnecessary to

Sir C. Fitzroy, June 27, 1849;

Parl. Paper, January 1850, p. 26.

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add, that this was merely a matter of feeling on the part of the anti-transportation party in New South Wales, for if different sentiments should happen, at any future time, to be entertained in that colony, and the Home Government would consent to let them have convicts, nothing could be more simple than to pass a fresh Order in Council, declaring New South Wales eligible for the purpose

In the meanwhile there is no want of evidence that the repugnance to convicts is not so unanimous

as some would represent. Throughout the time that they continued to reach the colony, whilst the intentions of the Legislature were undetermined, no difficulty over occurred in finding immediate em- ployment for the successive parties of convicts. When the "Hushemy" arrived at Sydney with the first party of ticket-of-leave men on the 8th of June, 1849, notwithstanding the presence in the harbour of four emigrant ships with no less than 1000 souls on board, much the largest part of the con- viets forthwith obtained respectable employment, and the remainder were forwarded to districts which had applied for many more than could be spared to them.

Moreton Bay

Parl. Paper, Jamary 1850, pp. 31, is a flourishing district of New South Wales, about 600 miles north of Sydney, in which a great desire

49, 50.

Parl, Paper, May 1851, pp. 147,

150, 211.

Parl. Paper, August 1851, p. 56. Parl. Paper, April 1852, pp. 87, 116, 121, 130, 132, 134.

has been expressed for a supply of convict labour, so much so that it has even led to a question of separa- tion from the rest of the colony. At a moment, however, when the gold discoveries have created such a demand for sound measures, it would be a great misfortune for this district if it were deprived of the tried abilities of the New South Wales Go- vernment. The separation of it, except for the convenience of introducing convicts, would unques- tionably be an impolitic measure, and if adopted for that purpose alone, would be, vehemently resented as a deep injury to New South Wales. References to the Correspondence will be found, if wanted, in the margin.

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PUBLIC RECORD OFFICE

C.O.

Reference -

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PUBLIC RECORD OFFICE, LONDON

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