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MAITLAND MERCURY
WEDNESDAY, JUNE 13, 1855.
A GROSS JOB-PLUNDERING A TOWN-
SHIP.
An act has just been committed, or is
on the eve of committal, that will con-
fer lasting disgrace on Sir William
Denison's administration-one of a
nature, too, that we had thought Sir
William's reputed high moral charac-
ter would have rendered impossible
during his Government. With a view,
apparently, to curry favor with a rich
and influential man, and secure votes in
the Legislative Council, a township is
about to be plundered in order to benefit
an individual.
Some months ago it became casually
known here that Government had or-
dered a survey to be made of the vil-
lage reserve of East Maitland, with a
view to preparing a deed of grant of
twenty acres thereof to Mr. Henry
Osborne, M.C., in lieu of twenty acres
deficient in a crown grant owned by
him at Dapto. The very day it be-
came known steps were taken to stop
this gross public wrong, by preparing a
petition to the then Governor Geneial,
Sir Charles Fitz Roy, setting forth the
value of the land to the town of East
Maitland, by reason of its containing
coal, which might well be leased at a
good rental ; and setting forth also that
for twenty-five years this land had
been set apart as the village reserve of
East Maitland. This petition, having
been prepared, and a number of signa-
tures obtained, in one day, was de-
spatched at once. Very much to the
honor of Sir Charles Fitz Roy, he
immediately stopped the further pro-
gress of the contemplated wrong, till
enquiry had been made of the Surveyor
General, Sir Thomas Mitchell. What
Sir Thomas's report was we may easily
guess by the result. The petition was
sent November 18i1l 1854, and the
letter acknowledging it November
22nd, and in March last the public
spirited men moving in the matter here
were gratified by receiving a letter from
the Colonial Secretary, stating in effect
that the Governor General and Execu-
tive Council, convinced by the report of
the Surveyor General and the petition
of the inhabitants, of the wrongful
course they were about to pursue, had
told Mr. Osborne that he must make a
selection of twenty acres elsewhere.
So far the course of the Government
seems to have been straightforward and
honorable. They were about to perpe-
trate a gross wrong, at the avaricious
instigation of an influential man, but
when told the true facts they at once
stopped till enquiry was made, and on
hearing the result of that enquiry they
refused to be parties to despoiling the
public. "
Last Saturday, the 9th June, the
gentlemen who had moved in the
matter here, and who of course thought
the subject was finally settled, were as-
tonished to receive a letter from the
Colonial Secretary, announcing that, on
the representation of Mr. Osborne that
Sir Charles Fitz Roy told him the
conditional decision made in his favor
by the Executive Council in December
last, the present Governor General, Sir
William Denison, held that " the faith
of the Government was pledged" to
give the land to Mr. Osborne, and
that he had directed accordingly.
We ask our readers what they will
think of the present Government if
this most unjust, most unfounded, deci-
sion is persisted in? In three different
lines of argument it is altogether unte-
nable. First, a public township should
never be depiived of its lands, set apart
for public uses, in favour of any pri-
vate individual Secondly, it is incre-
dible that Sir Charles Fitz Roy and
his Executive Council could have de-
cided in Mr. Osborne's favor in De-
cember, after having written the letter
on the 22nd November below pub-
lished, stating that the matter had been
referred to Sir Thomas Mitchell for
his report. Thirdly, we would wager
any money that Sir Thomas Mitchell's
report, if it can be got at, will show
that "the faith of the Government was
pledged" years ago to the purchasers
of land in East Maitland, that the vil-
lage reserve was set apart for public
uses for ever.
Unless the Government themselves
come forward to court the fullest
public inquiry into this apparently ne-
farious transaction, and pending such
enquiry stop all further proceedings
relative to the granting the land, we
shall never believe that the most un-
worthy motives have, not actuated
them. A more gross and unjust de-
mand than Mr. Osborne makes we
have never heard of; but this is a
slight matter compared to the delin-
quency of the Government. Indivi-
duals can always be found capable of
making the most unblushing and unjust
demands, as against the public, and
avarice will too often conquer con-
science. But for a Government to up-
hold such demands is indeed rare.
Of course the public here will not let
the job be consummated quietly. Hap-
pily the Legislative Council is now sit-
ting, so that the Government can soon
be compelled to answer for its mis-
deeds, or to explain its mistaken con-
duct, if that is the true state of the
case. In order to further the imme-
mediate decision of the matter, we
will suggest a course, for discussion.
It is that a public meeting should be
called without delay, which should be
invited to adopt a petition to the Legis-
lative Council, setting forth briefly the
facts and the injustice of the case,
pointing out the discrepancy of dates,
and urging the belief of the inhabitants
that "the faith of the Government"
was pledged to them, when they pur-
chased ground in East Maitland years
ago, that the village reserve should
always be held sacred for the public
uses of the town: and praying that the
Council would take the subject into con-
sideration. And that resolutions should
also be passed, asking Mr. Nichols to
make two motions in the Council: one
for returns of all the correspondence on
the matter, including specially Sir
Thomas Mitchell's report, and Mr.
Osborne's letters ; and the other for an
address to the Governor General, pray-
ing him to stay further proceedings
relative to the granting of the land to
Mr. Osborne till the inhabitants of
Maitland have had the opportunity of
thus learning the whole facts in the
case.
We now publish, for the information
of the public, the petition of Novem-
ber last, and the letters received from
the Government relative thereto, as
above-mentioned.
To Sir Charles Augustus Fitz Hoy, &c, &o.
The Petition of the undersigned inhabitants
of Maitland,
Humbly Sheweth
That the undersigned petitioners of your Ex-
cellency have been informed that the local sur-
veyor of this district has received instructions
to survey and lay ont certain lands, known as
the Maitland Village Reserve, with a view of
gr.mting about 20 acres thereof, more or leas, to
Henry Osborne, Esq., member of the Honorable
Legislative Council, as compensation tor a de-
ficiency ot a similar number of acres in a prior
grant to him at Dapto, distant from Maitland
about four hundred miles.
That the twenty acres of land which your
petitioners understand is about to bes" granted,
is extremely valuable, from the fact of its con-
taining a very rich seam of coal, which, if
leased for the benefit ot the township of Mait-
land, won'd yield an annual return of several
buiid-eJs of pounds.
For the above and other very obvious reasons,
your petitioners conceive that these twenty
acres of land cannot reasonably be granted as
au equivalent for the like number of acres at
Dapto.
And your petitioners therefore humbly pray
that the inhabitants of the township of Mait-
land may not be thus deprived of so valuable a
portion of their village reserve, appropriated to
them for upwards of twenty-five j ears, but on
the contrary that your ExcelUncy may be
graciously pleased to take into your considera-
tion the propriety of leasing it for the interest
of the public of Maitland, upon a royalty fur
every ton of coal raised.
Aud your petitioners will ever pray, &c, &c.
Colonial Secretary's Office, Sydney,
22nd November, 1854.
Gentlemen- I beg to inform you that it ha*
been found necessary to refer to the Surveyor
General your petition of the 18th instant, pray-
ing that the portion of the Maitland village
reserve stated to be about to be granted to
Henry Osborne, Esq , may be leased for the in-
terest of the inhabitants of that town.
2. When the required report has been re-
ceived, and the decision of the Governor-General j
obtaiued upon the case, a further communica- I
tion will be made to you without delay -I
have the honor to be, gentlemen, your most
obedient servant,
) W. Elyard,
For the Colonial Secretary.
B. Russell, Esq., J P, and the other gentle-
men signing the petition, Maitland.
Colonial Secretary's Office, Sydney,
5th March, 1855.
Gentlemen-Referring to' my letter to you
of the 22nd November last, on the subject of j
your petition against the selection of twenty |
acres of land, out of the reserve adjoining the
town of Maitland, made by Mr Henry Osborne
in lieu of a deficiency to that extent, found to
exist in a grant from the Crown of which be
became the owner, I have now the honour to in .
form you, that His Excellency the Governor
General has laid before the Executive Council
the correspondence in this case.
2. Upon a mature consideration of the valne
of the land to the public, especially by reason
of the seam of coal which it is known to con-
tain, His Excellency in Council was pleased to
direct that Mr. Osborne should be called upon
to make another selection.
3. This, I beg to add, has accordingly been
clone ; and the Surveyor-General has been
apprised of this decision. I have the honour
to be, Gentlemen, your most obedient servant,
W. Elyard,
For the Colonial Secretary.
B. Bussell, Esq., J.P., and the other gentle-
men signing the petition, Maitland.
Colonial Secretary's Office, Sydney,
" 8th June, 1855
Gentlemen-Referring to my letter to you
of the 5th March last, I have now the honour
to inform you that His Excellency the Gover
cor-General has laid before the Executive
Council two letters, which have been received
from Mr. Henry Osborne, together with the
previous correspondence, with respect to a
selection of twenty acres of land out of the
reserve adjoining the town of Maitland, made
by him in lieu of a deficiency to that extent,
found to exist in a grant from the Crown, of
which he became the owner.
2. As His Excellency and the Council Are
given to understand that the nature of the
decision made by the then Governor-General and
Council, in December last, conditionally autho-
rising the granting of the selection, was com-
municated to Mr. Osborne by the late Governor
General, His Excellency m Conncil conceives
that the faith of the Government may be
regarded as pledged to carry out that decision,
and has been pleased to direct accordingly. I
have the honour to be, Gentlemen, your most
obedient servant,
W. Elyard,
For the Colonial Secretary.
Bourn Russell, Esq., JP., and the
other gentlemen signing the
M^mori«!, Maitland.
$