Early History of the Colony of Victoria, from its discovery to its establishment as a self-governing province of the British Empire

Front matter

EARLY HISTORY or THE COLONY OF VICTOEIA, FROM ITS DISCOVERT TO ITS ESTABLISHMENT AS A SELF-GOVERNING PROVINCE OF THE BRITISH EMPIRE. EV FRANCIS PETER LABILLIERE, BABBIETEB-AT-LAW OP THE MIDDLE TEMPLE, FELLOW OP THE EOYAL COLONIAL IN3TITUTE. " Nothing in the history of mankind is like their progress. For my part, I never cast an eye upon their flourishing commerce, and their cultivated and commodious life, but they seem to me rather ancient nations grown to perfection through a long series of fortunate events, and a train of successful industry, accumulating wealth in many centuries, than the colonies of yesterday." — Bubke. IN TWO VOLUMES. VOL II. Eonoon : SAMPSON LOW, MAESTON, SEAELE, & EIVINGTON, CROWN BUILDINGS, 188, FLEET STREET. 187S. \_All rights reserved.'] LONDON : GILBKBT AND BIVINGTON, PBINTEBS, ST. JOHN'S SQUARE. PAGE CONTENTS OF VOL. II.

Chapter I. First Permanent Settlement

Timidity of Governments about formation of new settlements — Governor Bourke's despatch about one projected at Twofold Bay — Lord Aberdeen adverse — The first founders of Victoria — The Hentys — Circumstances leading to their settiement at Portland Bay — Their appbcation for land there — Governor Arthur favours formation of settlement — Claims of the Hentys — Their correspondence on the subject with the Government — Final adjustment — Proposed removal of Tasmanian blacks to Portland 1 CHAPTER n. BATMAN'S EXPEDITION TO PORT PHILLIP. Batman applies for land at Western Port — His letter to Governor Arthur describing his first visit to Port Phillip — Conveyance of land executed by natives — Colonel Arthur informs Secretary of State of Batman's expedition — Views of Colonial Office — Wedge's description of country and aborigines — Further views of Governor Arthur . . .34 A Contents. V

Chapter III. Romantic Story Of William Buckley

PAGE Wedge's letter to Colonial Secretary Montagu about Buckley- Buckley's petition for a pardon— Governor Arthur grants it— Correspondence respecting Buckley— Wedge's sketch of his career and adventures— His own subsequent narrative — Learned theory as to how the world is propped up — Buckley's bfe among the whites again — His death 64

Chapter IV. Melbourne Founded

— EARLY PROGRESS. Fawkner's party lands on site of Melbourne — Batman moves his head-quarters there — Fawkner's account — Who first saw and selected site — Conclusive evidence of fact — The leaders of Victorian colonization — Descriptions of Infant Melbourne — First newspapers — First rebgious services, and texts of of sermons — First land sale at Melbourne — Disadvantages of Port Phiilip lands being sold at Sydney — Route and cost of journeys there from Port Phillip via Launceston and Hobart Town — Williamstown — Geelong — Portland — Port Fairy — Mitchellstown — Pentridge — Journeys of Hawdon and Eyre — Disappearance of Gellibrand and Hesse — Who sheared first sheep — Starting-points of colonization . 88

Chapter V. The Government And Batman's Enterprise

Sir Richard Bourke's despatch to Lord Glenelg — The Governor's views on colonization — His Proclamation respecting land at Port Philbp — Batman seeks Government supervision — Mr. Stewart sent by the Sydney Government to Port Philbp — His report — The Secretary of State sanctions opening of country there . Contents. V

Chapter VI. First Establishment Of

A GOVERNMENT. PAGE Law-abiding disposition of the pioneers of Victoria — Measures taken by Sir Richard Bourke — Captain Lonsdale sent as Police Magistrate to Port Phillip — His instructions — Appointment of other officials — Governor Bourke visits Port Phillip — Names Melbourne — Despatch reporting his proceedings at the new settlement — Commendation of Captain Hobson and his officers — Various official arrangements — Mr. La Trobe appointed Superintendent of Port Phillip 138 CHAPTER VH. VARIOUS PARTICULARS OF THE EARLY GROWTH OF THE COLONY. Memorial from settlers in Geelong district for protection against natives — Captain Fyans appointed Police Magistrate — Overland communication with Sydney — Massacre of " overlanders " by blacks — List of outrages committed by them at Port Phillip — Land sales — Population in 1838 — Occupation of territory — Sir George Gipps's commendation of the " squatters " — Revenue and expenditure — Buildings — Postal communication — Pobce — Statements of progress in memorial for making Melbourne a free warehousing port — Privilege granted to Melbourne, Geelong, and Portland — Sir George Gipps's description of progress — Count Streleski's exploration of Gippsland — Mr. Tyers's report on Western Victoria — Native names of places — Geographical corrections — Last exploration in Victoria by Dr. Mueller — Visit of Sir George Gipps to Port Phillip .... 171 CHAPTER VHL THE PORT PHILLIP ASSOCIATION AND ITS CLAIM.

Correspondence between Mr. Mercer and the Colonial Office — Dr. Lusbington's opinion as to purchase from natives — Contents. VI PAGE Statements of progress of Settlement— Claims of other Colonists besides those of the Association— Decision of Executive Council in Sydney— Approved by Colonial Office —Opinion of Mr. Burge as to acquisition of lands from aborigines— Mr. Swanston's unfortunate attempt to land sheep— Growth of the new settlement — Final adjustment of the claims of the Association 205

CHAPTER IX. OTHER CLAIMS AND APPLICATIONS FOR LAND.

Claims of Colonists not belonging to the Association — Mackillop's memorial — Appbcation for land at Western Port — Project for working coal there, and running steamer between Port Phillip, Tasmania, and Adelaide — Batman's application for grant of land — Correspondence respecting it — Batman's death 245

CHAPTER X. PORT PHILLIP FROM ITS COLONIZATION TO ITS SEPARATION FROM NEW

SOUTH WALES. First Municipal Corporation and Mayor of Melbourne — Representation of Port Phillip in first Elective Legislature of New South Wales — Complete bst of its members — Opening of Session — First appearance of Mr. Robert Lowe — Summary of first ten years' progress of Port Phillip — Separation movement— Speech of Mr. Lowe — His belief in a "Mighty Confederacy" of England and her Colonies — Electors of Port Phillip abstain from nominating candidates—Earl Grey heads the poll for Melbourne — Contested election for the district — Other English Statesmen versus Colonial candidates — State of the poll .... Contents. VII

CHAPTER XI. PORT PHILLIP FROM ITS COLONIZATION TO ITS SEPARATION FROM NEW

SOUTH WALES— CONTINUED. PAGE The boundary with South Australia — Mr. La Trobe's views respecting it — He gives some account of the settlement of that part of the country — The land question — The Orders in Council out of which it arose — The squatters and the franchise — Defences of Melbourne — Dr. Perry, first Bishop of Melbourne — Census before separation — The District of Port Phillip becomes the Colony of Victoria — Mr. La Trobe first Governor 285

CHAPTER XII. VICTORIA FROM BECOMING

A CROWN COLONY TO OBTAINING SELF- GOVERNMENT. Steps taken to carry out separation — First despatch of first Governor — Mr. La Trobe installed and officials appointed — First Legislative Council of Victoria — Its meeting — Entry of Mr. Childers into public life — Gold discovered — Governor La Trobe's despatch announcing it — His subsequent accounts of opening up of gold-fields — Sir Charles Hotham succeeds Mr. La Trobe — The Ballarat riots — Mr. Foster resigns, and Mr. Haines becomes Colonial Secretary — The University of Melbourne — Exclusion of convicts from Victoria — Restrictions upon the Chinese — The new Constitution — Its Proclamation in the Colony — First Responsible ministry — First ministerial crisis — Death of Sir Charles Hotham — First Parliament of Victoria . . . 300

CHAPTER XIII. SOME PERSONAL REMINISCENCES.

Recollections of early Colonists — Early crisis in the Port Contents. VIII PAGE Phillip settlement — Its effects — " Boiling down " sheep — Irrigation' with soup — The Aborigines — Kangaroo, Emu, Dingoes — " Black Tbursday " — Description of that terrible day — The author's earliest recollections of his native city — Visit to Melbourne in over-crowded days of the gold ex citement — Canvas Town — High prices — Ballarat and its neighbourhood — Early recollections of the place — Importance of preserving early Colonial history .... 326 Conclusion ' . 348 Appendix 355 Index EAELY HISTORY OF VICTORIA.

Chapter I. First Permanent Settlement

Timidity of Governments about formation of new settlements — Governor Bourke's despatch about one projected at Twofold Bay — Lord Aberdeen adverse — The First Founders of Victoria — The Hentys — Circumstances leading to their settlement at Portland Bay — Their application for land there — Governor Arthur favours formation of settlement — Claims of the Hentys — Their correspondence on the subject with the Government — Final adjustment — Proposed removal of Tasmanian Blacks to Portland. Exploration had now done its work. The long unknown region of Victoria had been crossed and re-crossed from end to end ; Hume and Hovell had almost intersected the territory ; Major Mitchell had struck through it from the North to its South-western extremity, and had then pursued a route which brought him out at its North-eastern boun dary.

He was more than able to confirm Hume and Hovell's favourable judgment of the country, and to dispel every vestige of lingering doubt, which previous condemnatory expressions and statements had raised and so long sustained. The judgment of Oxley and the prediction of Tuckey were VOL. II. B r now for ever set aside. So impressed was the last great Victorian explorer with the beauty and fertility of the region through which he passed, that he gave it the name of Australia Felix, which the Colony would probably have retained, had not her Majesty, on its separation from New South Wales, signified her desire that it should be called after herself. There have, however, always been some minds in which an obscurity of apprehension as to the advantages of colo nization, even under the most favourable circumstances, has been insuperable.

In spite of the splendid success which has attended the founding of so many Colonies, each new project of colonization has been strongly opposed or seriously questioned, on the ground of the expense it must occasion — an outlay, which these short-sighted objectors fail to perceive, has, within a few years, almost invariably been repaid with compound interest by the profits directly or indirectly derived from new settlements. This timidity, against which all our colonizing experience has been a standing protest, nearly lost us New Zealand, prevented a more timely annexation of Fiji, and leaves New Guinea open for some undesirable neighbour. This feeling was more justifiable when Sir Richard Bourke and Lord Aberdeen wrote the despatches to which we are about to refer, than it has been since so much subsequent experience has been acquired.

Much light is thrown by the following correspondence in the Record Office, upon the early views of the governments, both in England and New South Wales, respecting the attempts to settle the territory of Victoria. In a despatch of July 4th, 1834, Governor Bourke en closes to Mr. Sec. Stanley— the late Lord Derby— a letter from Mr. James Atkinson, respecting a project, of Colonel Verner of the County Armagh and other gentlemen with whom Mr. Atkinson was connected, for the formation of a settlement near Twofold Bay, of a number of families from the North of Ireland. The Governor does not approve of granting the concessions asked for. He says, — " Already have the flocks and herds of the colonists spread them selves over a large portion of this southern country. They are to be found in great numbers in Monaroo Plains to the westward of Twofold Bay, and some are said to roam as far to the southward as Cape Howe.

The excellence of the pastures in the part of the colony I am describing has induced the graziers to resort to it, and much of the fine wool which is exported to England is taken from sheep depastured on vacant crown land beyond the limits assigned for the location of settlers. It is not the policy nor would it be within the power of the government to prevent an occupation which produces so profitable a return, but being unauthorized it is understood by the occupiers that they cannot under such circumstances expect protection from the government. If a settlement be made as proposed by Col. Verner, or any other authorized settlement be established on the Southern Coast it will then be impossible to deny to persons already occupying lands in these parts the privilege of converting that occupation into pro perty by purchase in the manner now fixed by regulation.

This being effected, the Colonists thus regularly located, will claim the protection of the government, and the establishment of churches, schools, court houses, gaols, custom-houses, a regular pobce and military force ; and the numerous institutions of civilized life will be required in a country of great extent and slender population to the support of which institutions the persons to be benefited by them will not for some time be in a condition to contribute in any considerable degree. " I have with reference to the proposed plan, thought it right to bring thus briefly before you the actual condition of the southern part of this colony and to state the certain effect upon expenditure con sequent upon throwing it open to location. I beg, however, I may not be understood as opposing such a measure.

On the contrary 1 would avoid as much as possible any obstacle to the profitable employment of rearing sheep, for which great extent of country is required. This B pursuit may indeed be continued for some time longer in its present form without much inconvenience, but the prevailing desire of the colonists to spread to the southward, the advantage whieb would result from enabling the graziers now scattered over that country to embark their wool for Europe, and salted meats for home or foriegn consumption at Twofold Bay and to supply Van Diemen's Land from thence with live cattle induce me to think it would not be premature to extend the authorized limits of location as far to the Southward as that harbour. The augmenting revenue of the colony (derived, it is true, almost entirely from the duties of customs levied at Sydney) appears equal to the support of some additional establishment for the service of the southern country, and it would, perhaps, be desirable, as a measure of precaution, to disperse in that direction under legal restraint, and in military custody some of the numerous bodies of convicts who may be expected to arrive from Great Britain under the present system of transportation.

With regard to the second point, it is to be remarked, that if the principle of competition be abandoned, and if the regulated price of land be reduced in favour of persons brought out at the cost of an association, a similar reduction may be claimed with perfect fairness by all persons who arrive at their own charge, and thus a material, and, in my opinion an injurious change will he made in the system under which the vacant Crown Lands have been disposed of since the 1st July, 1831. I cannot therefore recommend that the land which the association might select should be disposed of otherwise than by auction under the usual conditions or that the minimum rate should he less than five shillings an acre. The association would, however, be at liberty, as a matter of course, to avail itself of the aids offered to emigration by the bounties and advances payable under the existing regulations . . .

" In concluding this despatch I would observe that it is not beyond the southern boundary alone the flocks aud herds of the Colonists have wandered for suitable pastures. They are numerous to the South West along the banks of the Murrumbidgee and to the North they have crossed the Mountain Range into Liverpool Plains. Here, indeed, and still more northerly on the banks of Peel's River, fivehundred thousand acres of land have been granted to the Australian Agricultural Company. In every direction the desire of procuring good pastures for sheep has led the Colonists far beyond the limits of location. The unauthorized occupants must not, however, be permitted to continue so long as to create any title to the land in the occupier. Under the provisions of an act of council passed last year, 4 Gul.

IV. No. 10 measures may be taken to prevent such a fraud on the Crown." In a memorandum ' or minute with the Van Diemen's Land Papers of 1835, written adversely to Batman's enterprise, it is stated that " a proposition was made (27th February, 1835) by Colonel Verner, M.P. for purchasing land in the neighbourhood of Twofold Bay," and that the application from an agent of his association was sent home by Sir R. Bourke, July 4th, 1834. It is further stated that " Colonel Verner's project was negatived, and Lord Aberdeen in his despatch to Sir R. Bourke (December 25th, 1834) expressed a decided objec tion to the extension of the Colony beyond its present limits, on the ground that such a measure would tend directly to counteract and defeat one principal object which the government had in view in the late change in the land regulations, viz. the concentration of Colonists ; and also on the ground of the increased expenditure which would attend the extension of that machinery of government, which the settlers in the new district would soon demand.

Sir R. Bourke was further directed to discourage generally any projects of the like kind as ' many schemes of that nature, ostensibly for the purpose of encouraging emigration but in reality for the benefit of the projectors ' had been encouraged by H. M. Government without realizing those projects of Public good which could alone justify the extraordinary privileges granted to private individuals." When a project for colonizing a place so near Sydney as Twofold Bay was thus discountenanced, it was not to be expected that a settlement at the distance of Portland Bay 1 A portion of this has already been quoted on the subject of the abandonment of the settlement at Western Port, vol. i. p. 251. would be more favourably regarded. But, at the very time the Twofold Bay scheme was the subject of correspon dence, between the Secretary of State and the Governor of New South Wales, the first permanent settlement in Victoria was being successfully established.

The Messrs. Henty are undoubtedly the first founders of Victoria, although from the fact that Portland is so far from the principal centres of the progress of the Colony, those who established the first permanent settlements on the shores of Port Phillip Bay seem to be regarded as the first founders of Victoria. Even had no other centres of colonization been established, there is little doubt that there was sufficient vitality in that formed at Portland, to have made it the medium of the occupation of the whole territory. The Hentys are therefore clearly entitled to the chief place among the founders of the Colony. The expedition which thirty years before, under govern ment auspices, made a futile effort to colonize Victoria, had, on abandoning the attempt as hopeless, crossed to Tasmania — a territory which appeared to offer better prospects of success ; and it was from Tasmania that now, in 1834 and 1835, proceeded those three expeditions which under private management, so well laid the foundations of a great Colony.

The pasture-lands of Tasmania having become occupied, the settlers, doubting the wisdom of allowing " the kangaroo to reign undisturbed lord of the soil," and " to retain for ages " that lordship, had for some time seriously contemplated an inroad upon Lord Kan garoo's domains. The Hentys led the invasion; Batman and Fawkner carried it on in another direction. Something must be said of the founders of the Colony before speaking of their enterprise. In the part which they took in this great event, as well as in their subsequent careers, the members of the Henty family certainly proved themselves to be Colonists who would have been a credit to any new community. Mr. Thomas Henty was a landowner and banker at West Tarring in Sussex. He was one of the few gentlemen — their number was but six — who kept flocks of Merino sheep.

He laid the foundation of his stock from purchases made at the sale of King George III.'s Merinos, which were presented to that monarch by the King of Spain. Mr. Henty's first connexion with the Colonies arose from the sale of select rams for exportation to Australia, He had frequently sent specimens of his stock to the exhibitions of the Board of Trade, and was always successful. Having seven sons — most of whom still live — he determined on trying his fortune in the new country. Accordingly, in 1829 he despatched three of them to Western Australia with stock and outfit, and no less than forty servants. Such an importation, in accordance with the land regulations, entitled his family to a grant of upwards of 80,000 acres. Being disappointed with the quality of the soil, the Hentys proceeded in 1832 to Tasmania, intending to take up land there under the favourable regulations until then in force, but which, on arriving, they found had only j ust been altered.

Not long afterwards Mr. Thomas Henty himself went out to Tasmania, from whence he proceeded to see the land at Swan River, of which, like his sons, he formed an un favourable opinion. " On his voyage" — so runs a statement in a copy of a letter written to their agents in England, in the possession of Mr. Wm. Henty — " he stopped at a great many parts along the coast, among others at Portland Bay, which he liked, and he thought as it was totally unoccupied, and far removed from all the settlements, that it was not likely to be required by the government for years to come, and might perhaps therefore be obtained by him." From the following documents it will be seen how the members of the family sought to be allowed to take up land at Portland. Colonel Arthur, Governor of Van Diemen's Land, was clearly favourable to their undertaking, and would gladly have had the territory placed under his government.

Less has been published about this first settlement than about that established at Port Phillip. It was, however, formed by the landing of Mr. Edward Henty and his brother Stephen, who, sailing from Launceston in October, with a considerable agricultural outfit of cattle, sheep, and servants, landed at Portland Bay, November 19th, 1834. We have no details of the early days of the settlement. It is to be hoped, however, that its founders may yet make public the leading incidents of their enterprise, for it is desirable that minute particulars of such a historical event should be given to the world. The documents immediately following, copies of which are in the Record Office, contain some important facts, and have an interesting bearing on our subject. In a letter to Governor Arthur, dated Launceston, February 17th, 1834, Mr. James Henty encloses the following memorial, and explains the treatment pursued by his brother towards the blacks in Western Australia : — " Copy.

" To the Right Hon. E. G. Stanley, Chief Secretary of State for the Colonies. 'The humble Memorial of Thos. Henty, late of West Tarring in the County of Sussex, Landowner and Banker and now of Launceston in the Colony of Van Diemen's Land " Sbeweth— " That your Memorialist having a family of seven sons the youngest of whom is nineteen years of age was induced to part with his landed property in England and emigrate to Van Diemen's Land on the ex pectation of obtaining land under the regulations which existed in 1830. On his arrival here he found that the new system of selling lands had in a great measure deprived him of the means of providing for his sons in the manner he expected and was prepared to do. " Your Memoriabst having thus been shut out of land by the opera tion of the present regulations has been compelled to hire land in the Colony at an exorbitant rent and is now not so well off as he was in England simply from the effect of the Land Regulations at present in force.

" Your Memorialist having also suffered most severe and unexpected losses at Swan River, humbly submits that the proposition he now makes may receive the favourable consideration of His Majesty's Government more especially as it is founded upon the principle of selling land which is now invariably adopted in the Colonies. " Your Memorialist with the aid of his sons has made several excur sions on the South Coast of New Holland altogether apart from the settled part of the Country. During these periodical visits they have found out islands, rivers, headlands and made various other geogra phical discoveries which have not been laid down in any Chart or Map hitherto published, he has also ascertained that many parts of the South Coast are faced with land to a considerable extent well calculated for sheep, a great portion of which your Memorialist conceives can be made available by industrious settlers.

With this opinion, both himself and his sons are desirous of settling on some portion of this country ; and without asking or requiring any protection from the Government or causing it to incur any expense whatever, propose that himself and each of his sons, be permitted to purchase from Government two thousand five hundred acres of land (2500) at five shillings an acre, such land to he selected by themselves between the parallels of 135 and 145 degrees East Longitude, under such restrictions as may he thought necessary. That being the first to settle in the country, greater expenses and greater difficulties will have to be encountered which will deprive them of a certain portion of their capital, and this capital they will require to enable them to bring the land into profitable cultivation.

On these grounds they ask, on the payment of a deposit of five per cent, they be permitted to have a credit of ten years to pay the remainder of the purchase-money, to be secured by mortgage on the land, bearing interest at five per cent. " Your Memorialist respectfully begs further to state that in forming settlements in these colonies, the settler and aborigines have generally come into hostile collision, and mutual acts of aggression have been the consequence. In this respect your Memorialist feels himself per fectly safe. Four of his sons having had considerable experience in the management and treatment of the Natives at Swan River and King George's Sound ; at which latter place they are better managed and under better controul than in most others. " A son of your Memorialist was Hving within three miles of the settlement at King George's Sound between one and five years, in the midst of whole tribes of aborigines totally unprotected and such was the good feeling kept up between them, that no instance of misconduct occurred among them ; they were taught to labour for, and earn the food with which they were occasionally supplied.

" The experience thus gained he hopes will be considered sufficient guarantee that the same system can be pursued in other places and thus by proper management the views of His Majesty's Government in establishing a friendly intercourse and mutual good feeling with the Aborigines on the South Coast may be facilitated. " Your Memorialist begs further to state that he has an order for land in the Colony of Western Australia to the extent of 80,000 acres, and which, should the proposition now submitted be acceded to, he will at once abandon ; which will show that the object of your Memorialist is not to become a land-jobber but a real and bond fide settler. " Your Memorialist's eldest son is on the point of proceeding to England and will have the honour to lay before His Majesty's Govern ment such information as he may possess respecting the South Coast of New Holland.

" Your Memorialist as in duty bound will ever pray &c. (Signed) " Thomas Henty. G. J. Hentt." In his despatch of April 18th, 1834, to Mr. Secretary Hay, Governor Arthur encloses copies of the Memorial and of Mr. J. Henty's letter, and says, — " Mr. Henty who lest England in 1830 and afterwards remained for some months at Swan River where having settled he suffered considerable losses arrived in this colony in 1832 where he met with a further disappointment in the cessation of the system of granting lands under the Quit rent. " Mr. Henty and bis family are highly respectable and deserve, so far as it can be consistently given, the support of the Government." Having stated the substance of the Memorial, the Governor proceeds, — " Such a proposal I should recommend for favourable consideration did it not involve in some of its details an invasion of the general principle under which lands are sold, and might, therefore, be inju rious as a precedent for other applications which the Government could not acquiesce in, and yet might be embarrassed in refusing.

" The settlement of the land pointed out by Mr. Henty is, however, most desirable — the country is rich, well watered and within a very short distance of Launceston, — indeed Mr. Henty's application and his proposal to cede so much land at Swan River, if allowed to purchase an estate there, affords strong evidence of the high opinion that has been entertained of it upon inspection. " Its proximity to Launceston, and the easy communication across the Straits unquestionably point it out as a station of importance to this colony, where the available territory has already been almost en tirely appropriated, leaving but few spots for the selection of new immigrants, who might therefore, be sent to that station, and be pro tected by a small military party detached from this colony. " Other arrangements might also be made from hence, which would not only save the first settlers from much of the distress commonly incident to the first occupation of a new country, which has been so much felt at Swan River, but what is of more moment might save them from coming into collision with the natives, who from Captain Sturt's narrative appear to be numerous in that part of New Holland.