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victs.

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But by a later despatch of the 10th of April, 1848, it 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 emigrants should be sent out in a number equal to the convicts. From these frequent changes, it will be apparent that, as is also known from other sources, there were two parties on the question, and that they must have been pretty evenly balaficed, as the views sometimes of one and some- times of the other prevailed.

39. By the time, however, that the assent of the Council arrived, the state of the finances in this coun- try was such that Lord Grey did not feel at liberty to hold out an expectation that means were likely to be granted of sending out, for an indefinite time, as many free emigrants as convicts. The question that arose in consequence, and the decision, are

stated in the following extract of a recent explana- November 10, 1849, tory despatch from Lord Grey:-

"The question, therefore, to be determined by Her Majesty's Government was whether, because it was out of their power to send out in equal numbers both convicts and free labourers, as had been originally proposed, they should abstain from sending either the one or the other; or whether, on the other hand, they should, until a further communi- cation could be received from you, send out the convicts who are expected, and whose services were believed to be so urgently required; at the same time explaining to you why the plan could not be carried into execution exactly as it

your

had been agreed to; and also informing you that if should find the colonists unwilling to receive convicts unac- companied by the promised number of free emigrants, the transmission of convicts to the colony in this manner should be discontinued as soon as you should report so to me, Parliament being at the same time applied to for the means of redeeming the promise which had been made, by sending out as many free emigrants as there might have been convicts already sent. Upon full consideration, it appeared to me that the latter was the course which it would be most for the advantage of the colony to adopt, since it would thus at once obtain a portion of that supply of labour which was represented to be indispensable in order to avert the most serious inconvenience, and because, without interposing the long delay of a previous correspondence with the colony, the adoption of this course would place it absolutely at the option of the Legislative Council either to close the trans- action, as one to be completed on the terms which it had

17

already approved, or to carry it on permanently on a different footing, if this were judged by the Council to be for the public advantage."

40. Accordingly the Governor was apprised, in a Parliamentary Paper of February despatch dated the 8th of September, 1848, of the

1849, page 50.

intended course. And the state of the English finances having become more favourable, Her Ma- jesty's Government obtained from Parliament, in 1849, a grant of 30,0001. for sending free emigrants to those colonies which received convicts. The con- sequence is, that for a year past the convicts sent to New South Wales have in point of fact been going in strict conformity with the conditions on which the Legislative Council, in April 1848, thought that the measure would be unobjection- able. But upon receiving the notice previously given that this might not be practicable, the anti- in the colony renewed its opposition, party

Sir C. Fitzroy, No. 7, June 27,

1849.

Sir C. Fitzroy, June 30, 1849.

convict

and the Législative Council was led to vote an address against receiving convicts upon any terms. No more therefore are to be sent whilst this con- tinues to be the wish of the Legislature.

41. There has not been any difficulty in dispos- ing of such as have yet arrived. At Port Philip it has been agreed by the Governor that no ticket-of- leave men should be landed, although two vessels (“Randolph" and "Adelaide") are on their way from England. But at Sydney the " Hashemy" arrived with the first party of ticket-of-leave men on the 8th of June, 1849, and notwithstanding the presence in the harbour of four emigrant ships, having 1000 souls on board, much the largest part of these convicts immediately obtained respectable employment, and the remainder were forwarded to districts from whence applications had been received for

many more convicts than there were means of supplying. The principal residents at Moreton Bay stated to the Governor that they did not put themselves forward as advocates for transportation; on the contrary, they believed that the colony might have outgrown the time for it; but they said that they would gladly receive and employ any number of ticket-of-leave holders whom the Governor would send to them. In the meantime several magis- trates and proprietors belonging to the same dis- trict, who happened to be in England, had petitioned

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