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10 corrections, most recently by peter-macinnis - Show corrections

THE ANTI-TRANSPORTATION LEAGUE.

(Abridged from, the Herald, April 8.)

On Tuesday evening a public meeting of the members of the Australasian League, and of other colonists, was held in Malcom's Circus, to tako into consideration Earl Grey's recently ex- pressed determination to continue transportation to Van Diemen's Land. The Circus was com-   pletely filled.

Mr. C. COWPER, M.C., President of the League, took the chair, and in his brief opening observations said he took it as a happy coinci- dence that by that morning's mail from Victoria had arrived a published minute of the interview on the subject of transportation held between Lord Grey and Mr. King, the Victoria League delegate, with Lord Grey's remarks corrected by himself. They had thus an authentic declara- tion of Lord Grey's views and intentions on the subject.

Mr. G. WEIGHT, the Secretary of the League, then read this minute, at the request of the

Chairman.

The CHAIRMAN resumed, pointing out that this document, thus authenticated, removed the doubts previously entertained by some that it was hardly expedient to call together a public meeting till they had an authentic declaration of Earl Grey's intentions before them. It com- pletely established the fact that that Minister was still resolute in his determination to con- tinue to send convicts to Van Diemen's Land, in spite of all their remonstrances, and of the dis- covery of the gold fields. In a few days he (the chairman) should proceed to Hobart Town, to attend the conference of the League, and he should be happy to bear to their fellow-sufferers in that island the expression of their sympathy. They had already won the fight as regarded direct transportation to New South Wales, but they must never cease their efforts until they had also compelled the cessation of transportation to Van Diemen's Land. It was one happy feature in their favor now that they were all as colonists united on this great question, the changed cir- cumstances of the colony having induced their former opponents to join in their views. This

would remove one argument urged by Earl Grey that the colonists were not united. Ano- ther great thing in their favor was that the Le- gislative Councils of each of the Australian colonies, in their late session, had pronounced unequivocally against the continuance of trans- portation to Van Diemen's Land, or any part of Australasia, and Earl Grey must respect deci- sions he had himself appealed to. But however long and however fierce the "fight" might prove, they must maintain it unflinchingly till they won. The Chairman proceeded to read letters received by him in answer to circular in-

vitations to different gentlemen to come and take part in the proceedings Mr. Wentvvoith declined to take any part in the League pro- ceedings, but would redeem his pledges in the Legislative Council Mr S A. Donaldson also preferred expressing his opinions and giving his vote in Council Mr Darvall, fully agreeing in the ob|ect of the meeting, although formerly en- tertaining different opinions, would refrain from     attending, fearing expressions and sentiments might be uttered during the proceedings with which he could not concur The Rev Mr

Beazley rejoiced that the meeting was called, but w is pievented from attending by profcs- sional engagements Mr R M Robey heartily joined in the object ot the meeting, but was

unable to ittend

Mr LAMB, M C , moved the first resolution,

is follows

Hi it so Ion;* as \ in Diemen's Land continues op pussed by tr mspoit ttion ill the other colonus of Au=trjlia ne bounil ly sympathy and gcnirosiu is well as impelled bj seit niteicst to aid 111 bel ile hveiance liom this ihnBin¿ curse , ind this mcctwL, silemnlv pledges itself to unite with and isMSt the T ism nu tu colonists 111 that eiloits to obtain its entue

ibohtion

Mr. Lamb pointed out how intimately the inter- ests of the colonists of Van Diemen s Land were bound up with those of New South Wales, on this and all other questions, and that therefore they could not desert Van Diemen's Land m her   hour of need. Joining with the chairman m his admiration of the noble stand made by the Legislative Council against the continuance of transportation there, he could not agree that Mr.   King's minute was at all needed to justify their meeting that evening, or to tell them how Lord Grey would act. His conduct now was but of a piece with what it had been all along-disregard-     ing remonstrance and petition alike, adding slander to injuries, herping calumnies on the free immigiint population, he had never heeded how great were the mjuiies he might inflict on the colonies so that his own views and crotchets were carried out The colonies were most un-   fortunate in having such a man kept at the head of colonial affairs, and so gross were the in- juries he had inflicted, and continued to inflict, on them that, as Mi. Wentworth had remarked in Council, the time for petitioning had almost passed away. He exposed the falsehood of Earl Grey's assertion that nearly every respectable   man at Moreton Bay had asked for convicts to be sent there, by referring to the fact that every popular constituency in that district had re- turned to Council pledged anti-transportation representatives. The strange perversity of the Minister was strongly shown by his actually find- ing arguments on which to continue the hate- ful system in the discovery of the gold fields, which every colonist almost, including even those formally in favor of the system, held to entirely unfit these colonies tor receiving con- victs. The conduct of Earl Grey was endanger- ing the connection bstvveen Great Britain and

these colonies.

The Ven. Archdeacon M'ENROE, who se- conded the resolution, came forward to do so is  

a moralist and as a peacemaker. During twenty years he had exerted himself as a friend to the moral welfare of the prisoner, but they could not succeed as they ought while the stream still kept constantly flowing in. He feared that if Lord Grey's policy was much longer persisted in, the continued injury would have at length to be resisted by violence, in despair of getting justice by fair means, and as a peacemaker he was most anxious to prevent such a necessity. If they were, however, ultimately compelled to resort to force, on England would rest the tre- mendous responsibility of having compelled the

step.

Mr. C. KEMP, in supporting the resolution, thought it a notable matter that the three speakers they had already heard, differing widely as they did in character and training, the last of them being a minister of the gospel, all thought Earl Grey's perverse injustice was tending to one end, to provoke an insurrection

in the colonies. The new position of the Ministry at home, the withdrawal of Lord Palmerston, and the increased power of Earl Grey, showed that they must redouble their exertions. He hoped one result of the Hobart Town conference would be the sending a dele- gate to England, and they could all show their sympathy with the cause by subscribing libe- rally to the expense of this. He trusted a difficulty would yet arise in regard to the sepa- ration of Moreton Bay which would render necessary an appeal to Parliament, when the whole convict question would be opened up, and the numerous friends they now had in England could again speak for them. He feared Sir William Denison had pursued a different course from our own Governor, that he had recom- mended transportation to be continued to Van Diemen's Land. For themselves they had yet one new expedient to try, copying from Van Die- men's Land, namely, to get the Council to stop the supplies after a fixed date if the transporta- tion oppression was persisted in.

The resolution was carried unanimously.

Mr. G. K. HOLDEN proposed the second reso- lution, as follows :

That this meeting records the warm expression of its admiration and respect for the patriotic representative members of the Van Diemen's Land Legislature in the noble stand which they have taken on this important and vital question.

Mr. Holden eloquently sketched the services already performed by the League in forwarding the march of anti-transportation opinion, and combining the thinking men of the Austral- asian colonies to forward that one great object. The League already carried with it the ex- pressed public opinion of all the colonies; it   had secured the votes of all the colonial legisla- latures to support each other on the question ; and it was now steadily working to convert the public opinion of England, by means of the press and in other ways, to view the question in the same light, as one in which the vital interests of the colonies were the first consideration, and not the imperial interests of England. In this colony they had the adhesion to the cause, more or less cordial, of most of their old opponents; in Moreton Bay they had secured the return of anti-transportation representatives in spite of   Earl Grey's fancied success there; in Victoria,   in South Australia, and in New Zealand, the legislatures had all declared with them; and in   Van Diemen's Land, where Earl Grey, deceived by his despatches, fancied pecuniary interest would prevent the success of their cause, every representative member, to a man, was returned a pledged anti-transportationist, and every man had voted for strong anti-transportation resolu-

tions.

Mr. NORTON seconded the resolutions. They had ascertained that Earl Grey trembled before the united voice of their Legislative Council, and gave way, although unwillingly and only partially. They must then work on him through the Council. They must closely watch the pro- ceedings of the Council, containing as it did some men who ought by right to be on the government benches, instead of falsely appearing as representative members; they must compel   them to do their duty to their constituents, or if they would not must seize every oppor- tunity of returning better men. As it had been in Canada, so it would be here, and so it would be in Van Diemen's Land, before the determined aspect of a united Colonial Legislature Earl Grey would give way, not only on this question, but on others little less important.

Mr. W. H. PIDDINGTON supported the resolu- tion. He dwelt on the broken faith of the Minister as justly creating the disgust and in- dignation of the colonists. It was wonderful they had so long submitted to his tyranny. Quoting the declaration of Lord John Russell that convicts should not be forced on colonies against the will of the people of those colonies, he pointed out how Lord Grey had disregarded that declaration of the head of the Ministry in his treatment of Van Diemen's Land. The criminals now sent out were, under the present merciful code of Great Britain, only men deeply dyed in crime. While the 2500 men annually sentenced to transportation would be, regarded as a resource for labour, the great argument of their opponents, a mere drop in the ocean as compared to their wants, and would effectually stop the great voluntary emigration the advan- tages of these colonies would otherwise attract. He trusted the other colonial legislatures would follow the example of that of Van Diemen's Land in refusing to vote for police purposes more than would be required for a free colony, if transportation to any of these colonies be per-

sisted in.

The resolution was passed unanimously.

Mr. R. CAMPBELL, M.C., moved the thitd re-

solution, as follows :

That the determination avowed by Earl Grey to the Victom delegate, Mr. King, on the 25th November last,   to)itisi<-t in ti ins; 01 tatton to Van Diemen's Lind, and to sepílate Moie'on B ij fiom Ivcw ¡south Wiles, for penal purposes, in bre ich ot his npeatcd piomises, de-     mands the indignant reprobation of this meeting, and they bind themselves, bj .tilthey hold deni and sacied, to íesist to the uttermost an oppussion so desolating, hereby solemnly protesting, that the responsibility for all consequences will remain with then oppiessor.

He trusted before they passed this resolution, which naturally followed those already passed, they would determine to be prepared to act up to its spirit if the necessity should ever arise He could not conceal ti oin himself that the tyranny and oppression Earl Grey persisted in inflicting on Van Diemen's Land, had through it on the other Australian colonies, must have eventually but one result, unless it ceased, and that result must be resistance by force. The   colonists of Van Diemen's Land would now be

fully justified in forcibly resisting the landing of another shipload of convicts on their shores, and in turning the ship back. And they must be prepared to act in the spirit of this resolu- tion, and to assist the Tasmanians by acts as well as words, should the necessity arise. He contrasted the conduct of Earl Grey on this question with   that of Lord Stanley, when Colonial Minister, on the question of emancipating the West India

slaves.

Mr. FLOOD, M.C., seconded the resolution. He thought noble results for these colonies would yet   follow the establishment of the League, and its united action through the colonies. He wished more emancipists were members, as it was their battle the League was fighting. He quoted a   recent instance to prove that even yet they were liable to undeserved insult and injury, and it was the perpetuation of a state of things like this that the League opposed.

Mr. GILBERT WRIGHT supported the resolution. They had not yet succeeded, but perseverance would win the day. They must convert their desultory attacks into a deliberate siege, and their petitions into importunate demands. They had little to hope from the honesty ot Earl Grey, or even from the sympathy of Parliament, but they must never cease their struggle until they had won the victory by their importunity. And having won this, the very effort would lead them on to new struggles for their liberties, and to

further victories.

The resolution was carried unanimously.

Mr. H. PARKES moved the fourth resolution

as follows :

That the previous resolutions be embodied in an address, and that such address be presented by the Pre- sident, in the name of this meeting, to the Tasmanian Delegates at the Hobart Town Conferencc.  

Mr. Parkes, at considerable length, appealed to the meeting whether the time for argument and discussion had not passed, and the time for action arrived. They had been discussing the subject for years, had exhausted overy argu- ment; the debates in their Legislative Council had been marked with the greatest ability ; the

very last .series of petitions on the subject had been signed by 36,000 against the continuance of the system, and only 500 for it-and yet still there they were battling with argument and discussion against the oppression still so per- versely fastened on them. He maintained that no community could be bound to remain quiet under such tyranny. Continuing this line of argument further, the speaker contended that the colonists of Van Diemen's Land, whose united remonstrances had also again and again been disregarded, would be fully justified in fol- lowing the example of the Cape colonists, and turning bick any further shiploads of convicts. Appealing to the meeting, if they should do so, to instantly meet in open air and assure the Tasmaniaus that they would support them against all consequences in the course of action they had commenced, the speaker called on all who would do this to hold up their hand with him. [Mr. Parkes held up his hand at this point, and nearly every hand in the body of the meeting was also held up.] He was satisfied now that their President, when he represented them at the Hobart Town conference, could assure the people of Van Diemen's Land that the people of this colony were ready to support

them in that decided course.

Mr. G. A. LLOYD seconded the resolution. It was one of the most important they had had proposed to them that evening, for it pledged them to persevere, to go all lengths that were needed, to succeed in their object, be the conse- quences what they might. He rejoiced that their President Would be able to assure the people of Van Diemen's Land of the warmth and earnestness of feeling evinced by that meet- ing, and he wished it were possible Earl Grey could have been present to witness it, and hear the unanswerable speeches that had been de- livered. It was most gratifying to find that their cause was gaining ground daily in England.

The resolution was carried unanimously.

Mr. Cowper then left the chair, which was     taken by Mr. Joseph Simmons, and a vote of thanks by acclamation passed to Mr. Cowper.

The meeting then separated.

SUPREME COURT.-DOE DEM DEVINE v. WIL- SON AND OTHERS.-In the Sydney Morning Herald of Tuesday last appears a full report of this case. It was an ejectment case, heard before the Chief Justice and a special jury of twelve, and occupied the court no less than eight days. The land in dispute was 210 acres at Newtown, near Sydney, claimed by the plaintiff, John Devine, as grand nephew and heir at law of Nicholas Devine, the grantee from the crown,

who died in 1830. The defendants were a num-

ber of gentlemen, mostly wealthy, who have at various times purchased portions of this land, and have built or occupied villas or mansions on it ; and they all claimed, more or less directly, as purchasers from Bernard Rochford, to whom it was alleged Nicholas Devine sold the land in 1827, and in whose favor Devine also devised the land by will in 1829. Nicholas Devine and his wife were cruelly illused by robbers in 1822, and subsequently, Mrs. Devine dying, Rochford and

his wife went to live with Devine as if to take

care of and protect him in his old age, and they did live with him until his death. The plaintiff alleged, and sought to prove, that Devine, after being ill-used in 1822, was never of sufficiently sound intellect to be able to make a valid legal deed, whether conveyance or will; and he further sought to prove by evidence as to the signatures to the conveyance and will, that those documents were forgeries, as was also a lease and release of the land by Rochford to Devine, dated two days after the conveyance, for his life. The defendants relied on the latter docu- ment as proving the business capacity of Devine at the time of making the conveyance, and pro- duced evidence of the registry of these docu- ments by an attorney, and other evidence to prove that Devine continued up to nearly the time of his death of sound intellect and capacity, and that the whole signatures were genuine.-The Chief Justice told the jury the case would no doubt come before the court above, and ho   wished them to answer in detail four questions as to the plaintiff's case: Did the plaintiff claim   under the grants from the crown to Nicholas Devine; did those grants relate to and describe   the land now in dispute ; was Nicholas Devine in possession, independently of the grants; and was John Devine the heir at law of Nicholas Devine? If they answered these questions in the affirmative the plaintiff had so far estab- lished his case, but there remained two ques- tions to answer as to the case for the defendants : Was the conveyance to Rochford really executed by Nicholas Devine ; and if so did be at the time know what he was about?-The jury retired for an hour, and returned a verdict for the defendants, answering all the Judge's ques- tions in the affirmative. The plaintiff's case was conducted by the Attorney General, Mr. Purefoy, and Mr. Smyth ; the case for the defendants, who did not join, by the Solicitor General, Mr. Foster, Mr. Broadhurst, Mr. Darvall, Mr. Fisher, Mr. Holroyd, and Mr. Meymott.

SUPREME COURT. - WEDNESDAY. - EQUITY JURISDICTION. - Eales v. Nowland. - Mr. Broadhurst moved, on behalf of the respondent, that a sum of £80 9s. 3d., paid into court by the complainant, be paid out to the respondent,

and that the rule nisi made in this matter on the 26th June last, be discharged with costs. It had been prayed by the rule nisi that two undertakings given by the complainant's over-

seer, pursnaut to the Act of Council 4 Wm. 4th, No. 3, for payment of damages and charges on the impounding of certain sheep belonging to complainant, should be delivered up to be cancelled, and that the respondent should be re- strained by injunction from proceeding to enforce those undertakings. Upon the hearing of the rule on the 10th September last, the court or-   dered that the sum now in question should be paid into court by the complainant, and that he should bring an action of trespass for the pur- pose of trying the substantial question at issue between the parties, viz.,-the boundaries of a certain run called Walhalla, in the district of Liverpool Plains. The complainant had com- menced proceedings in the action so directed, and had continued the same down to the giving notice of trial for the last Circuit Court at Maitland, but be bad countermanded this notice, and had subsequently discontinued the action. Mr. Fisher, for the complainant, said that the respondent being an uucertificated insolvent, it was useless to proceed with the action, and he sub- mitted that the court would, if it directed the payment out of court asked for, direct also that the respondent be restrained by injunction from proceeding to enforce the undertakings above referred to. The court made the order for pay- ment, out of court, of the sum of £86 9s. 3d. as prayed, the respondent undertaking not to proceed upon the undertakings, and to be re- strained therefrom by the perpetual injunction of this court.-Empire, April 8.

CENTRAL CRIMINAL COURT.-WEDNESDAY.

(Before Mr. Justice Dickinson.)-Francis Nor- man pleaded guilty to a charge of stealing seven watches and one brooch, in the dwelling-house of Richard Lamb, and was sentenced to be transported for ten years.-Michael Kenny was indicted for having, on the 9th Marah last, fired at and wounded John Warrington, with intent to do him some grievous bodily harm. Pri- soner and Warrington both lived at Cornwallis, near Windsor. According to Warrington's statement, a quarrel arose between tbem on the day named in the information, in consequence of prisoner having attempted to drive away towards his own house some geese, in charge of a boy. Prisoner struck Warrington on the head with a stick, and the latter closing in, a struggle ensued. After its termination prisoner ran into his own house, brought out a gun loaded with duck shot, and fired at Warrington's face, at a distance only of two or three rods, but inflicting very little injury. Witness merely told the pri- soner that he had "done a very wrong thing,"   when the latter seized a pitch fork, charged at him, and wounded him slightly on the knee. Not guilty ; discharged.-Edward Watson was indicted for having, on the 2nd of March last, stolen ten sovereigns, a quantity of silver coin, and a doubloon, the property of William Howell, and in his dwelling-house. Guilty ; six years on the roads.-Abridged from the Herald, April 8.

ROYAL VICTORIA AND MILITARY.-As inti- mated in our last issue, the cricket match at single wicket between four of each of the above clubs came off upon Hyde Park yesterday, and,

as will be seen by the score, the Victouans ob- tained a conquest ovei then opponents by four-  

teen runs:

Victorians .22    

Military. 8

Majonty for the former .. .14  

The fielding upon both sides was remarkably   good The bowling of Mr. Lewis, of the Vic-   toria Club, merited the highest commendation       The batting of Messrs. Still and Foster was much admired, and also that of Rich and Bone   of the military.-Empire, April 6.  

THE LOWER LACHLAN- As an instance of

the partial operations of the seasons in Australia, we may state that the countiy upon the Lower Lachlan has been suffering severely from a scar-       city of grass and water, although everywhere else there is a superabundance of both. A   gentleman of our acquaintance, who has a station     in that quarter, under the impression that the   whole of his herd would be rolling in fat, lately sent down his stockman for a draft of bullocks, instead of which he received the unwelcome in- telligence that the face of the country had been   so long parched, and water so scarce, that not a     fit beast was to be found on the run. How far this state of things may be remedied by the late floods, which, we are told, raised the river   fully 20 feet above its usual height, remains yet   to be learnt. But it is a well-known fact that many of the floods never reach the lower portion of the river, the superfluous waters being ex- hausted in their downward course in supplying the billybongs, back water-holes and lagoons. The hither Lachlan is most luxuriant in grass and herbage, its oldest settlers scarcely recol-   lecting anything to equal it during their resi- dence there. -Bathurst Free Press, April 7.  

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