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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.

89. 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

1849, page 50.

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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 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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the Government without qualification for a continu- ance of transportation. But whatever differences of opinion might prevail, the Legislative Council was deemed by Lord Grey the only body which, upon contested points, the Government could re- cognize as authorized to speak the sentiments of the community.

42. The following are the terms in which Lord Lord Grey, November 16, 1849. Grey finally conveyed the conclusions of Her Majesty's Government to the Governor :—

“In that despatch (viz., 10th November, 1849) I had occasion to point out that owing to the aid granted by Par- liament for free emigration, the convicts recently sent from this country have in point of fact been going to New South Wales, in exact conformity with the arrangement which was approved of by the Legislative Council in their Address to you of the 7th of April, 1848*. But finding, from their present address, that the views of the Council have been changed, and that they no longer consider it advisable that convicts should be introduced under any circumstances whatever, I have to inform you that after the ship which is already engaged shall have proceeded to Moreton Bay, it is not intended that any more convicts shall be sent to any part of New South Wales. That ship having been engaged in pursuance of a course of proceeding adopted with the con- currence of the Legislature, its destination could not now be altered without very serious inconvenience.

It

"I have not, however, thought it necessary to advise that, in compliance with the concluding portion of the ad- dress from the Legislative Council, Her Majesty should immediately revoke the Order in Council in which New South Wales is named amongst the places to which prisoners who are sentenced to transportation may be sent. may be proper that this step should be taken here after, but there is nothing to make it of immediate urgency. You are aware that the existence of such an Order by no means implies that convicts are to be sent to each place named in it, but merely renders it legal to send them there if it should be judged advisable to do so. The Transportation Act gives power to send convicts to such places as are appointed for the purpose by the Order ¡u Council, and hence the necessity of an Order naming each colony to which they may be removed; but this Order is purely permissive, and contains no directions for intro- ducing convicts into the places which it enumerates. will understand that Her Majesty's Government do not intend to act upon the Order by sending convicts to New

.

You

Page 39 of Papers relative to Convict Discipline, presented

to both Houses of Parliament, by command, February 1 49.

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South Wales while the opinion of the colonists, as expressed by the Legislature, continues adverse to that measure, Though New South Wales was originally established as a penal colony, and therefore its inhabitants would have no right to complain had it been continued as such, the Order in Council which Her Majesty was pleased to make in the year 1840, directing that convicts should no longer be sent there, may fairly be regarded as virtually conveying a pledge to its inhabitants that without their concurrence the practice of so sending them would not again be resumed. Her Majesty's Government have acted strictly on this understanding of what is due to the colony, and will con- tinue to do so; but considering that the judgment of the Legislature (which must be regarded as authorized to declare the sentiments of the inhabitants whom it repre- sents) has from time to time undergone more than one change on the question, and that the opinion of the com- munity upon it has always appeared to be much divided, and still continues to be so, it would seem to be inconvenient (as it is unnecessary for the purpose of practically meeting the present wishes of the colonists) to revoke that Order in Council until it shall clearly appear that after being more fully apprized than it was at the date of the last advices of the measures adopted by Her Majesty's Government to meet its wishes, as previously expressed, the Legislature has deliberately adopted as its final conclusion, a determina. tion that no more convicts ought, under any conditions, to be sent to any part of the colony."

CAPE.

43. With regard to this colony, Lord Grey's views have been so fully explained in a recent

Recently circulated with Lord despatch of the 30th of November, that only a

Grey's Paper on the Colonies.

very brief outline of the measures adopted appears Parliamentary Paper of February necessary in this place. The circular of the 7th of

1849, page 52.

August, 1848, was sent to this colony in common with several others. Before an answer could be received, accounts arrived from Bermuda of a very inoffensive party of convicts, consisting chiefly of men who had committed their first fault by steal- ing food in Ireland at the time of the famine, and it was supposed that whatever view might be adopted at the Cape on convicts generally, there could be no objection to receive a body of such men as these, and that they would afford a particularly good opportunity of trying how far ticket-of-leave holders could be introduced into the colony with