PUBLIC RECORD OFFICE
C.O.
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PUBLIC RECORD OFFICE, LONDON
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which I think it would be unsafe to assume, and almost impossible to calculate beforehand. Still, if there is a permanent superabundance of labour on hand, for which the Government must provide, it would be difficult to object to the principle of employing it on works of public and general utility. But, in this case, the expense would fall wholly on the Government, while it would be very difficult to recover payment from the owners of the lands (most of them being already alienated), which would be benefitted. But even should the benefit extend to the waste lands of the Crown, that benefit would not be derived to this country, but to the colony; and, as the law now stands, must be applied in great part to an object which it would be absolutely injurious to encourage. The same may be said of a Government expenditure in employing convicts, on wages, to the improvement of farms, or any works which tend to increase the value of land. Under the present law, ali lands must be sold by auction, at a price not less than 11. per acre; and at least one-half of the proceeds must be devoted to the introduction into the colony of labouring emigrants, the remainder forming part of the ordinary colonial revenue.
The mere statement of this case will at once show that this law is inapplicable to the present state of Van Diemen's Land, and will indi- cate the direction in which relief may be found. The law was passed as a parliamentary confirmation of the existing practice, with the view of checking inordinate acquisition of immense tracts of land, and of pro- viding a fund by which labouring emigrants could be transported to a colony which they could not otherwise reach, and where the demand for labour, and the capital to employ it, was greatly in excess of the supply. In Van Diemen's Land, under its present circumstances, and so long as transportation continues on its present scale, the law would be mis- chievous, were it not a dead letter. We are sending thither an annual stream or 4000 or 5000 adult able-bodied labourers; and our policy ought to be to discourage the introduction of competing free labour, and to encourage the introduction of capital by facilitating the acquisition of the land on which the labour is to be employed. I consider, therefore, that it has become indispensable to repeal the Land Sales Act, so far as it relates to Van Diemen's Land, being a convict colony; and to give power to the Queen to make such regulations as she may think fit from time to time, for the disposal of lands therein. The repeal of the Act would effect a double object: it would tempt capitalists to settle in the colony, and it would enable the Government, if compelled to employ large bodies of men on public works, to employ the proceeds of the lands so improved, not to an injurious introduction of mere labour, but towards the repayment of the
incurred. expenses But in this case I think the proposition must be coupled with a surrender to the Crown, by the colony, of all title to proceeds of future
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land sales, and a distinct recognition of the right of the Crown to apply them in aid of the convict expenses. I do not think there would be any difficulty in effecting this arrangement at the present moment, coupled, as I think it should be, with an offer to relieve the colony of a consider- able portion of the present heavy police expenses. In 1834 this fund was surrendered by the Crown to the colony in consideration of the latter undertaking an expenditure, on this account, of 12,0001. That amount has now swelled to 36,700, while the land fund has fallen to nothing, and as long as the present state of things continues, it cannot
be made productive. Nor as the law stands, and as its application is limited, is it desirable that it should increase.
I know that there are many persons who think the time has arrived when Van Diemen's Land should no longer be a penal colony, and that every encouragement should be given to the introduction of a free labouring population, looking out for some new country in which to establish a new, and wholly penal, settlement. I do not by any means intend to say that it may not be necessary to look out for some new settlement, subsidiary to the convict establishment of Van Diemen's Land; but I am not disposed to suggest the alteration of the character of that colony, and the demolition of the great fabric which has been reared there at an enormous expense. At present the convicts in Van Diemen's Land form about one-half of the whole population; and so long as transportation continues, that proportion is more likely to increase than to diminish; but if the Government came to the conclusion that it was expedient to follow with regard to Van Diemen's Land the example of New South Wales, and constitute it a
free colony, I should wholly retract the opinions which I have put forward as to the repeal of the Land Sales Act.
In the supposition, however, that no such change is contemplated. I should propose:—
1st. To repeal the Land Sales Act, so far as it relates to Van Diemen's Land, while a convict colony, and to permit the Crown to make such regulations as might be thought fit for the disposal of
lands.
2nd. To vest in the Crown, applicable to the relief of the convict expenditure, all proceeds arising from land, improved or unimproved, whether derived from sale or lease.
3rd. In consideration of this surrender by the colony, to take upon convict estimates a large portion of the expense of police and of gaols.
4th. The lands being thus the property of Government, I would authorize the Governor, upon the advice of the committee to whom is entrusted the superintendence of convict expenditure, to employ, at a C