HOBART TOWN. FRIDAY, MAY 6, 1825.
Although certainly not disposed to litigate about trifles, or to fling the missiles of distem- pered animadversion at honourable men or sa- lutary measures, yet we must chronicle our protest against every proceeding which, in our view, militates against the Public. And with unqualified censure therefore we are bound to notice "the Court of Requests, or ra- ther the mode in conformity to widen its ope- rations are to be conducted. With the mot- ives that induced the establishment of it, we do not interfere except to admit our reliance on their purity. It happens however most un- fortunately that as a wise parent may have a silly offspring-, so the worthiest design may be marred by injudicious and injurious conse- quences. Another thing is equally certain, that whether the intent with which the Court of Requests has been established, was posi-
tively good, comparatively wise, or superla- tively inexpedient, the legal plan of its prac- tice will prove a cruel disappointment to the Public, and re-act by increasing the number of frauds at present far too considerable, and on which it was fondly expected to operate as a restraint. Let us contemplate it. " Sui tors in this Court must be prepared to prove their case by witnesses, as neither plain- tiffs, nor defendants can give evidence in their own cause." So ! or in other words the ex- pected relief from a Tribunal of Conscience is not to be conceded, but a secondary Court of Law, strict law, and nought but law, is to shadow forth a substitute ! This is not what the people are entitled to, neither is it what they were taught to anticipate. They would rather be without a second Court, than,submit to "the law's delay," which of course must be grievous, as the only arbitrator of their differences under £10 sterling is to travel throughout the Island, or, in candid phraseolo- gy, exhaust his own patience, and that of the Public. Pray what aid will the Hobart Town claimants of small debts, experience while the learned Commissioner shall be going the Ci- cuit? Really the more we examine the Court of Requests, the more we feel urged to repro- bate it. We can perceive no advantages that may arise from it, to be at all compared with its positive evils. And,amongst those evils we confidently name a serious aug- mentation of, unprincipled defaulters; to whom the new Court shows, (unmeaningly) decisive marks of (partial) consideration, inasmuch as all defendants are to be sued in their own dis- trict, at a nameless but an important sacrifice to their creditors! Now let us suppose in illus- tration of this, a very likely case. A man re- siding in town, feels disposed to incur a debt, perhaps for tea and sugar, tobacco, or rum, or for any thing under the value of £10 ster- ling. Well, he enters the store of some good natured fellow, and after, making, suitable re- presentations, obtains credit. Well again! At length, however thedSay of promised pay- ment approaches and so does the day of
opening the Court of Requests in Hobart
Town. All this the cunning debtor knows and smiles at. He stops to the last moment, and then leaving, his tavern bill unliquidated, " goes up the country," pleasingly, convinced that his cre- ditor must either cancel his claim, or lose much more than its. amount in time and travelling disbursements to recover it. Was such a con- sequence., foreboded by those who made the new regulations? No. We repeat no ; but nevertheless it will be felt in countless instan- ces. Let us hope therefore that evils so alarm- ing to the confidence, without which all "com- merce shuts its day-book," may attract the prompt and requisite attention of Government.
Our sole object in offering these obervations is to protect the well-disposed. community from those dishonest practices, which we
consider the Court of Requests, if conducted 0n its present regulations, will tend rather to con- firm than to punish. Again we say that the new Court should be one of Conscience, in which the books of the fair tradesman, if validated by his oath, would be the only evidence required to justify a verdict ; and unless such a Court be created here, more than half the claims now registered in the counting-houses of Hobart Town, and absolutely just, will be eventually
More from a desire to evince our strict impar- tiality, than from any admiration of Zinziber's abilities, we this day publish his elaborate response to a spicey Correspondent in our last number. Here, however, we must put a full stop to the dispute : for whether Senex be a greater ninny than Zinziber, or Zinziber the most consummate Stultus in existence, we hold to be a question not at all proper to be solved in a Newspaper. But really we cannot close this article without expressing our astonishment at the inexhaustibility of our mother-tongue. We once thought the idioms discovered by Sir WALTER, SCOTT, (such as dubiety, &c.) were all that had not been em- braced by our best Lexicographers. Never- theless, Zinziber has taught us to now think the contrary ; for beyond dispute the great Northern Novelist did not, with all his classical research, happen to find out the elegant and purely concocted term " TOTALITY ! !" O what would Lowth and Lindley Murray say to it! Yet let us ask is such profound lore a fair and accurate example of that gigantic might in literary conflicts—of that irrisistible and al- most super-human genius—of that quint- essential verbosity, by which the pigmy-like scribblers for our Gazette are, in seven short winterly days, to be laid prostrate? "Name it
not in Gath!"
In our fourth page we willingly permit a Com- munication, signed "A Launcestonian," to ap- pear, rectifying an error, which it would seem has crept into our colums, respecting the intend ed Press. But we certainly think our Correspon- dent is mistaken when he states as probable, that our indulgences arc to be withdrawn. We cannot for an instant imagine, as in any degree credible, that His Honor Lieutenant Governor ARTHUR will condescend to treat us unbecom- ingly. Mr. Ross, or any body else, with the aid of Government, may chuse to establish a rival Gazette, which we should hail with pleasure, and for which, in candour, we conceive there is occasion ; but Government will never stain its dignity by injustice-at least this is our convic- tion ! If, however any attempts should be made by any power, we care not what, or in any quar- ter, we heed not where, to bereave us of our rights, be it known that we are able to display resistance. We have more than a Sampson's prowess, when engaged to defend an unpolluted cause ; and that prowess is afforded by the ge- nerous sympathies of a British Public, which never yet abandoned the Literary Advocates of constitutional discussion, nor allowed might with impunity to trample on the sanctities of right ! We shall only add, that if Mr. Ross, or any other person is anxious to institute a pub- 'lic Journal, we have no objection to supply, on very liberal terms, a sufficiency of new type, with one of our best and largest presses.
Our Readers will rejoice with us at learn- ing that the present difference between cur- rency and sterling is rumoured on respecta- ble authority as likely to cease in a short time, and be superseded by a coinage of sterling consideration.
When the Harvey left England, the ships William Shand and Mariner, with merchandize and passengers, were shortly expected to sail.
We feel happy in stating that the KING was in the full enjoyment of health.
Detachments belonging to the 57th (West Middlesex) Regiment of foot had been or- dered to embark, as guards, on board the Royal Charlotte, Hercules and Hooghly, transport ships which were being got rea- dy to receive prisoners for these Colonies.
The appointment of General DARLING, in succession to our beloved Governor in
Chief, Sir THOMAS BRISBANE, K. C. B., was noticed in most of the London Papers.
It is a well-known fact, that whilst recent- ly at Port Jackson, wines imported direct from England bave been landed free of all duty (except wei believe a few pence per gallon), they have been taxed at this port with an ad-valorem of' £15 per cent, and also an addition of £10 per cent to the en- tire amount of their invoices! We must how- ever injustice add, that an eminent legal authority has pronounced an opinion in sup- port of our acting Naval Officer's exactions, which, it would seem, are according to law. Nevertheless their effect has been, that seve- ral ships with, wine have declined to disem- bark their cargo of it here, and have taken it onto Sydney.
On Monday last the first General and Quarter Session, for Van Diemen's Land was nominally opened at the Court House, in Macquarie- street. On the same day, the Magistrates of Van Diemen's Land were sworn in.
We have been repeatedly called upon to avow the Author of Idmon's unpopular Com- munication, which certainly should not have been published had we felt as we now do feel, that its tendency was only to traduce a Gentleman, whose claims on our respect and good-will are indisputable-whose magna- nimity, patriotism, and cordial open-hearted ness are no less proverbial than his profound talents are brilliantly pre-eminent- and who, we most boldly assert, die when he may, will sink, ascendingly, a Martyr to incessant cares and intrepid conflicts for the common- weal ; as the " knarled oak" is borne down by the tempest, from which its venerably long-resisting trunk has sheltered the impo- nent shrubs that grew around it ! But not- withstanding we feel a dread that our silence on the subject might be mis-imputed to some editorial participation of Idmon's sentiments, (which once for all we disclaim in toto), yet we cannot possibly divulge his real signature except in private. For were we to name it pub- licly, we should soon cease to have Correspon- dents, and as soon cease to deserve any. There exists however but little necessity for our avowing that which is notorious; the sooth- sayer, in sooth, has been already identified by the finger of general derision ; the esteemed object of his gallant hostilities is justly felt to be ennobled by them,-and therefore all we shall observe is, that our keenest attention will henceforth be devoted to protect this Paper from the odium of promulging, and our patron Readers from the pain or perusing, strictures at once inhuman and unfounded, on principles and characters whose excel- lence alone subjects them to detraction.
From that intrepid Journal, "The Times" we extract the following paragraph :
" We did not know that Lord G. SOMERSET, the high and mighty among Hottentots, was so dexterous a politican as recent accounts would make him. It is already notorious that the paper called " The South African Advertiser," which Mr. GREIG had conducted, was suppressed some time ago by offieialau thority ; but arrivals from the Cape inform us, that the noble Governor, indignant,, no doubt, at being Accused of putting down the liberty of the press, has endeavoured to swing J clear of the odious imputation by setting up
auother newspaper! Such, however, is the distrustfuland censorious temper of mankind, that his Lordship has unfortunately failed of his purpose, in so, faras character might be concerned, The tc satiical rogues" have the malice to allege, that an old Government printer ,ofrhis Lordship's own choosing, has been appointed to direct the mechanical part of the business, and' that public money has been applied to this constitutional undertak- ing in supportof " the liberty of the press !" Then, for the name of the paper, a precedent was found in the trick of'a oaltry fellow, who some years since had the impudence to steal a title for his new catch-penny print from that of art eminent London*journal, but whose miserable and well-merited fate ought to have been-a warning to all swindlers to let their neighbours' goods alone, and their neigh ¡boûrs' fate unscandalized. în this new fraud jthe'words, ^South African" were filched from
¡Mr. GREIG'S title ; and instead of «c Adver- tiser" J* Chronicle77 was superadded-r--" 'fain j"*Mercarlo quam Marti'," says the sagacious
ger.pfi our colonial press."
WHALING SEASON.--The whale alluded to in
our last as having been seen, up the River as high as New Norfolk, has since been killed on the beach at that Township, above the
Punt- Ferry. It is no less remarkable than evident that this animal was bewildered, having actually run itself a-ground - a circumstance perhaps never before heard of in this Island. It was not a specimen of the whales usually caught in and near the Derwent, but one of that species of fish frequently taken at sea, and known as the fin-back. It-was ninety feet
in length, and will produce a considerable quantity of oil,, though not so much as one of an equal size of the other description.
Another whale was taken on Sunday last by Mr. Innes, an expert harpooner, off Hangan's Point, above Hobart Town; but this Being what whalers call a mere calf, will
not produce more than four tons of oil, valued at about £100.
Our rivers'-and bays are at this moment
full of whales!
The weather of late has*been*'e»treniely fine,, but racher cold1 and somewhat frosty. The beautifully sublime, «limmit of Mount Wellington has been* several times; enve- loped with' snow, on which occasions,the view "as mellowed and contrasted'by a noon«; tide sun-beam, has' proved M'sßlj pictu'resi
qtte ^'perhaps not less so than. Mint Blanc.
Weareneither accustomed to invade the cle-
rical province, nor toütí-clur pages witb/thattob fashionable jargon,; commong distinguished
by<the name of, canta* but we have au heart which can equally triumph in, our felloW creatures' happiness«, and throh with, com- passion for their misery. Most cordially therefore do'we entreat thatva Box for dona- tions, in aid of poor debtors-iirdurance vile, maty bV instantly ¿attached« to >tne' gab!..
Last i Saturday ai trotting match took place a&Btew-town^ for* a pipe off Port Win&and á Supper,,to bo gracedroy,thatJHvoiâ!ite-Scotch preparation, which, Burns* distinguished' as .* Chieftain of the puddingvrace." t
We have much pleasure in announcing the return to this country of Capt. Bunster, with
an extensive investment.
We have been requested to ipiibUtOv-the fol- lowing Cbrrespondence, on .the subject, of* a ¿recent* application- to the* Colonial! Govern- ment by^fye Merchants,of Hobart Town : , To His Honor Lieutenant. Governor
ARTHUR, &C. &C. &C.
f The Memorial of the Merchants alad Ti-a ''ders-of'Hobart Town*,
t .That you^etrjorjaüstr* sincertho proraul
F. Champion and Co. J, W. Sampson
galion of the Act of Parliament makin?
alteration in the duty on wine imported horn England, have had exacted from them a àutt of fifteen per cent, ad valorem, on all wih¿ so imported, with the addition of ten np! cent, added by the Acting Naval Officer lo the amount ol their invoices, on which he
imposed the said duties.
That your Memorialists learn from Hea¿ Quarters that such a charge is altogether [\m Jegal, and that no such duty of fifteen per cent, ad valoiem, or charge of ten per cent.
is imposed on wines (from England) so im! '
ported into Sydney.
'I hat your Memorialists being obliged some« times to transmit part of their consignments to Sydney on sale, must ultimately be great sufferers, inasmuch as a duty being imposed in a Dependency of New South Wales which does not emanate at Head Quarters, their Correspondents will abstain from makins their consignments to them, givihg the pre. ference to the Merchants at Sydney, under
That your Memorialists find great incoiu venience in the mode of exacting duties pre. vious to landing their goods, the Acting jya. val Office! requiring all duties on such goods previous to his granting a permit to land the same, whit h is attended with much iacon venience, in your Memorialists having to pay sometimes duty on goods that are not on board, as from the long voyage to these Countries, accidents happen which pi event the goods from being landed.
That your Memorialists humbly hope
your Honor will perceive the great luuo> ships that, your ]ilemorialits labour un- der in this Dependency, and that your Honor will be pleased to direct that your Memorialists shall have returned to-them-all the duties so imposed which are not exacted at Head Quarters, and that they may be placed ou the same footing here with regaid to the duty on wine, &c. as the Merchants at Sydney are, and that the duty on good** imported may be chargeable only on their being lauded, as formerly. ^
And your Memorialists will pray.
Bethune and Grant
William Walkmshaw John C. Underwood Fiancis Atkinson
Kemp and Co. '
Hobait Toioîi, Ap?il'l9th, 1825.
Government IJôuèe, Hobart Town*
Aprit 29/Ä, 1825.
GENTLEÀIE!*,-I be» to acknowledge the receipt of youl Memorial of the 19th instant, drawing my attention to the Naval Officer'» having exacted a duty of fifteen per cent, ad valorem on all wines imported from Eng- land, with the addition of ten per cent, ad- ded to the amount of your invoices, on which he imposes the said duties 5 that you learn from bydney such charges are altogether il- legal, and that as such duties are not levied in New South Wales you are great sufferers fiom their being imposed in a Dependency*; that you find great inconvenience from tit» mode in which the duties are exacted ; and finally, reiterating the hardships under which you labour in a Dependency, you express your liapo that I will 4»«-ocfc <al\ duties may' be returned to you which have been so im- posed, and which have not been exacted at
Although I am well aware that the most lunfounded complaints have been made 'against the Naval1 Ofíicer, and that some in- dividuals haveauted towards him in the moat vexatious manner, I have still been open to receive^ and fully to consider, any repre« sentation which could bo advanced; and un* dei thib feeling I have very attentively pe j used your Memorial, and referred it to flis Majesty's Attorney-General, requesting his opinion oß thoso acts o( the Naval Officer, which you hawyi«. so unqualified a manner, pronounced'to be illegal. j
Copy of this opinion^ now enclose, which you will perceive decidedly confirms all the measures of the Naval Officer, as being in. every way legal ; to which I desire to ada my conviction, that he has faithfully dis- charged his duty to the Crown^ and is de- serving of the greatest commendation for the firmness and intelligence he bas mani- fested* in the execution of his public duly*) and which Ii shall not fail to represent to His Majesty's Government.-T have the hon- our to be, Gentlemen, your most obedient humble servant,
Gxo. ARTHUR, Lieutenant Governor^ To the Merchants and Traders of Hobait To^n.
' Hobart Towit, April ÜStfy 1825, SIR,-~I beg to acknowledge the receipt oí Your Honor's letter of the 27 th instant, en- closing ai Memorial fiora the Merchants» upoa the subject of wines being made liable to the payment of duties, aud requiring wy
By the Act ^Geo. 4, c. 96, sec.^, after imposing dütieÄii spirits and tobacco, it is declaredf,) that " upon the importation of au goods* wares, and merchandizes1, not being the growth, produce, or manufacture of the United Kingdom of GVeat Britain and ireland, imported directly from some portin the United Kingdom, a duty noti exceeding »j9 upon every j? 100 in value of the goods, wares,, and merchandizes so imported ;" B.oa by a subsequent section! of the Act, ten çer cent» is directed to be added to the invoice as the value of the goods imported:
Î am of opinion that all winesrnot.manu' factored in Great" Britain, are liable to paj a duty of ^15 per cent, on the value thereof such value to be taken upon the invoice -wlthrten per cent1, added'thereto. ,. , > I antobt' aware* of the grounds upon whici this exemption is allowed at Sidney, a«d ® my attention Has not been drawn to a» Government Pioclamation noon the SUDJ«*?'
I taUieut for granted that none has been is
I I think the course pursued by the Nav* Lofitcer of requiring a-depositfor duties pr« vious to the goods being'liindrd wp^J?*;* I correct^and'aflthougli it may* iwsomeW
stances occasion inconvenience to the Mer chants yet the general adoption of a con- trary course might be injurious to the Reve
nue, especially as the Crown cannot, at pre
sent, exercise the privilege of recovering its
debts by a Process of Extent -I have the
honour to be Sir, your most obedient hum
ble servant J- T. GELLIBRAND.
Secretary's Office, April 29/7i, 1825. cT" -I ara directed by the Lieutenant Go- vernor to enclose you Ae copy of a Memo Si addressed to lum by the Merchants and Seders, respecting the duties levied by you, «3 the manner of collecting them, with the Minion of the Attorney-General thereon,
«Cpanied by His Honor's reply to the
firmer ; and I am to express to you? that J j¿r has on this occasion very minute il investigated the whole conduct of the ÎLnrtment entrusted to your charge, and it
result is so highly creditable to your intelli- gence and firmness as a Public Officer.-I lave the honour to be, Sir, your most obe-
dient humble servant,
JOHN MONTAGU, Secretary.
To W. H. Hamilton, Esq. Acting Naval Officer.
PASSENGERS PER THE SHIP HARVEY:-- Cabin.-- Mr. Thomas Lempriere, wife, and two daughters; Mr. W. G. Sams, mother, wife, one child, and a female servant; Captain William Bunster; Mrs. Johnson, wife of Mr. Johnson, of the White-horse public-house in this town; Mrs. Honey and child, Mr. Rayner, Mr. Wise; Major Loane, wife, and four children; and Mr. T. W. Wilkinson and two
Steerage.-- Mr. James Robertson, Mr. Duncan Cameron, Mr. N. Clarke, Mr. J. Jackson; Mr. J. Salter, wife, and three children; Messrs. T. and C. Fenton, Mr. John Grose, Mr. John Ayres, Miss Mary Smith, Mr. F. R. Banks; Mr. W. Watson, wife, and four children; Mrs. Colson and four children, Mr. John Gath, and Mr. Colin Stewart.