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Elizabeth Lewis
EECORDS OF THE CAPE COLONY.
RE GO EDS
OP THE
CAPE COLONY
M-om AUGUST to NOVEMBER 1825.
COPIED FOR THE CAPE GOVERNMENT, FROM THE
MANUSCRIPT DOCUMENTS IN THE PUBLIC
RECORD OFFICE, LONDON,
BY
GEORGE M^CALL THEAL, D.LiT., LL.D.,
COLONIAL HISTORIOORAPHEiU
VOL. XXIII.
PRINTED FOR
THE GOVERNMENT OF THE CAPE COLONY.
1904.
LONDON :
PRIVTED BT WILLIAM CLOWES AND SONS, LIMITBD,
DUn 8TRBIET, STAMFORD STREET, S.B., AND GREAT WINDMILL STREET, W.
f
/
r
u^x
t>AAA/a {ijL|^»A-k>*J
99
99
99
99
99
»»
99
99
99
99
CONTENTS.
9»
99
9»
99
V^TB PAGE
Aug. Note from the Secretary to Government to the Gommis-
sioners of Enquiry 1
„ Letter from Sir Richiurd Flasket to Mr. George Greig . 1
Aug. Letter from Lord Charles Somerset to Earl Bathurst . 2
Letter from Lord Charles Somerset to the Commissioners
of Enquiry ........ 3
99 99 99 • **
Letter from R. W. Hay, Esqre., to the CommissionerB of
Enquiry .4
Letter from B. W. Hay, Esqre., to Mr. D. P. Francis • 5
Letter from R. W. Hay, Esqre., to Mr. B. Parr . . 5
Letter from the Secretary to Government to R. Wilmot
Horton, Esqre. 6
Letter from Major-General Bourke to R. W. Hay, Esqre. 6
24 Aug. Letter from the Commissioners of Enquiry to Earl Bathurst 7
Letter from the Commissioners of Enquiry to Lord Charles
Somerset . 8
Letter from the Secretary to Government to R. Wilmot
Horton, Esqre. 9
25 Aug. Letter from Mr. William Bridekirk to Sir Richard Plasket 10
26 Aug. Lietter from R. W. Hay, Esqre., to G. Harrison, Esqre. . 10
Letter from R. W. Hay, Esqre., to Mr. William Parker . 11
Letter from Thomas Pringle, Esqre., to the Commissioners
of Enquiry ........ 11
Letter from Mr. George Burder to R. W. Hay, Esqre. . 14
Letter from Mr. George Greig to Earl Bathurst . , 16
Enclosures concerning the press ... 19
27 Aug. Letter from Lord Charles Somerset to Earl Bathurst . 24
Enclosure concerning William Edwards ... 24
Letter from Earl Bathurst to the Lord Chamberlain . 26
Letter from R. W. Hay, Esqre., to J. Rennie, Esqre. . 26
Letter from the Secretary to Government to R. Wilmot
Horton, Esqre. 27
VI
Cm tents.
DATE
1825
27 Augi
29 Aug.
»»
»»
30 Aug.
31 Aug.
1 Sept.
»»
2 Sept.
3 Sept.
4 Sept.
»»
5 Sept.
»
»*
»>
6 Sept.
7 Sept.
8 Sept.
9 Sept.
»»
»>
10 Sept.
12 Sept.
»».
13 Sept.
License to Mr. George Greig • • • . .
Letter from Earl Bathurst to Lord Charles Somerset
Letter from R. W. Hay, Esqre., to Sir Rufane Donkin
Letter from the Commissioners of Enquiry to Earl Bathurst
Letter from the Fiscal to the Secretary to Government
Letter from Mr. George Burder to R. W. Hay, Esqre.
Letter from Earl Bathurst to Lord Charles Somerset
Letter from Lord Charles Somerset to Earl Bathurst
Letter from Earl Bathurst to Lord Charles Somerset
Letter from Lord Charles Somerset to Earl Bathurst
*»
>»
f»
Letter from the Orphan Chamber to Lord Charles Somerset
Letter from R. W. Hay, Esqre., to the Commissioners of
Enquiry .......
Letter from Earl Bathurst to Lord Charles Somerset
Letter from Lord Charles Somerset to Earl Bathurst
Letter from Earl Bathurst to Lord Charles Somerset
Letter from Sir John Truter to Lord Charles Somerset
Letter from Mrs. Erith to the Secretary to Government
Letter from Mr. Bishop Burnett to R. W. Hay, Esqre.
Letter from Earl Bathurst to Lord Charles Somerset
Letter from T. P. Courtenay, Esqre., to R. W. Hay, Esqre
Letter from Lord Charles Somerset to Earl Bathurst
Letter from Lord Charles Somerset to Sir John Truter
Letter from R. W. Hay, Esqre., to J. W. Croker, Esqre.
Letter from R. W. Hay, Esqre., to T. P. Courtenay, Esqre
Letter from R. W. Hay, Esqre., to Lieutenant White
Letter from Thomas Pringle, Esqre., to the Commissioners
of Enquiry .......
Letter from Lord Charles Somerset to Earl Bathurst
Letter from R. W. Hay, Esqre., to T. P. Courtenay, Esqre
Letter from George Harrison, Esqre., to R. W. Horton,
Esqre.
Letter from Lord Charles Somerset to tiie Commissioners of
Enquiry .......
Letter from Sir Richard Plasket to the Committee of the
Scotch church ......
Letter from Lord Charles Somerset to Earl Bathurst
Enclosures concerning clothing for convicts
Letter from R. W. Hay, Esqre,. to J. Barrow, Esqre.
Letter from R. W. Hay, Esqre., to T. P. Courtenay, Esqre
Letter froni John Barrow, Esqre., to R. W. Hay, Esqre.
Letter from the Commissioners of Enquiry to Lord Charles
Somerset
Letter from Lord Charles Somerset to Earl Bathurst
Enclosure concerning a Lutheran clergyman
PAOB
27
28
28
30
31
31
34
36
38
38
39
39
43
44
44
45
45
47
47
48
49
49
60
61
62
62
, 62
68
69
69
60
61
^61
62
63
64
64
64
65
66
CoTttents.
vu
DATS
1825
13 Sept
14 Sept.
»>
16 Sept.
99
99
16 Sept.
»
17 Sept.
f»
18 Sept.
19 Sept
*»
20 Sept
»»
»9
99
21 Sept
99
99
t, 99
99
22 Sept
Letter from Lieutenant-Colonel Somerset to the Commis
sioners of Enquiry .....
List of Applications for Land in the District of Somerset
Letter from Commissioners of the Court to the full Court
of Justice .......
Letter from R. W. Hay, Esqre., to Mr. Bishop Burnett
Letter from Messrs. London, Paton, and others to Sir
Richard Flasket
Letter from R. W. Hay, Esqre., to J. W. Croker, Esqre.
Letter from Mr. J. J. L. Smuts to the Secretary to Govern
ment .......
Enclosure : Capital of the Orphan Chamber
Letter from Mr. George Paton to Sir Richard Flasket
Letter from Lord Charles Somerset to Earl Bathurst
Enclosure concerning ferry boats .
Letter from Major-General Bourke to R. W. Hay, Esqre.
Letter from R. W. Hay, Esqre., to Captain R. Knox
Letter from R. W. Hay, Esqre., to C. de Lorentz, Esqre.
Letter from the Commissioners of Enquiry to Thomas
Pringle, Esqre. . •
Letter from Dr. James Barry to Lord Charles Somerset
Letter from Earl Bathurst to Lord Charles Somerset
Letter from Lord Charles Somerset to Earl Bathurst
Enclosures concerning a lighthouse .
Letter from Earl Bathurst to Lord Charles Somerset
Memorial of Mr. John Foumier ....
Letter from Earl Bathurst to Lord Charles Somerset
Letter from R. W. Hay, Esqre., to Sir R. Flasket .
Letter from the Court of Justice to the Secretary to Govern
ment ........
Memorial of Mrs. Jane Erith ....
Letter from R. W. Hay, Esqre., to Sir R. Flasket .
Letter from Sir John Truter to Lord Charles Somerset
Letter from Merchants in Capetown to Lord Charles
Somerset
Letter from Mrs. Jane Erith to the Commissioners of
Enquiry .......
Letter from Lord Charles Somerset to Earl Bathurst
Enclosure : Petition to the King .
Letter from R. W. Hay, Esqre., to Messrs. J. and S. Fearce
Letter from R. W. Hay, Esqre., to Major-General Bourke
99
99
99
Letter from the Commissioners of Enquiry to Lieutenant-
Colonel Bird
•
Letter from Lieutenant-Colonel Bird to the Commissioners
of Enquiry
PAGE
67
70
74
75
76
77
77
78
87
87
88
89
89
90
90
91
92
92
93
97
97
99
100
100
101
102
102
103
104
105
106
114
115
115
116
117
via
Contents.
DATE
1825
22 Sept.
23 Sept
»>
24 Sept.
>»
»f
>»
26 Sept.
26 Sept.
»»
9»
27 Sept.
>»
»>
28 Sept
»
»>
»»
>»
29 Sept
>»
30 Sept
fi
i»
»»
»>
99
f>
>»
1 Oct
Letter from a Committee at the Gape to Earl Bathorst .
Letter from R. W. Hay, Esqre., to J. Barrow, Esqre.
Letter from R. W. Hay, Esqre., to G. Harrison, Esqre. .
Letter from Lord Charles Somerset to Earl Bathurst
Enclosure : Draft of an Ordinance concerning Slaves
Letter from Lord Charles Somerset to Earl Bathurst
Enclosure : Applications for labourers
Letter from Lord Charles Somerset to the Commissioners
of Enquiry ........
Letter from the Commissioners of Enquiry to R. W. Horton,
Esqre.
Letter from R. W. Hay, Esqre., to George Harrison, Esqre.
Return of Troops at the Cape of Good Hope .
Letter from R. W. Hay, Esqre., to Major-General Bourke
Letter from the Secretary to Government to R. Wilmot
Horton, Esqre. . ^
Letter from the Secretary to Government to Commodore
Christian
Letter from Earl Bathurst to Lord Charles Somerset
Letter from Major-General Bourke to R. W. Hay, Esqre.
»>
»»
»»
Letter from Earl Bathurst to Lord Charles Somerset
Letter from Lord Charles Somerset to Earl Bathurst
Enclosure : Replies to Mr. Pringle's statements
Letter from the Secretary to Government to R. Wilmot
Horton, Esqre
»
»f
99
9*
Letter from Mr. D. van Reenen to Captain Hare
Letter from R. W. Hay, Esqre., to G. Harrison, Esqre.
Letter from Thomas Pringle, Esqre., to the Commissioners
of Enquiry
Letter from Major-General Bourke to R. W. Hay, Esqre.
Enclosure concerning a Roman Catholic clergyman
Memoranda of Arrangements for Major-General Bourke
Letter from R. W. Hay, Esqre., to W. Blair, Esqre. .
Letter from R. W. Hay, Esqre., to W. A. Hankey, Esqre.
Letter from R. W. Hay, Esqre., to Sir Rufane Donkin
Letter from R. W. Hay, Esqre., to J. W. Croker, Esqre.
Report of the Commissioners of Enquiry upon a proposed
Chartered South African Company .
Letter from the Secretary to Government to the Landdrost
of Somerset
Letter from John Fairbaim, Esqre., to the Commissioners
of Enquiry
Letter from Earl Bathurst to Lord Charles Somerset
Letter from Lord Charles Somerset to Earl Bathurst
PAGB
18
127
127
[28
128
152
153
157
157
159
[60
[60
[61
[63
[64
[64
165
[70
171
[71
[76
[81
[82
[82
[83
[86
[86
[87
[89
[89
[90
[90
191
216
217
218
219
Contents.
IX
DATE
1825
1 Oct.
*9
2 Oct.
3-Oct.
»
4 Oct
»9
6 Oct
»
»
99
6 Oct
9*
»»
7 Oct
>»
8 Oct
9 Oct
99
10 Oct
»
H Oct
Letter from Mr. William Duckitt to Lord Charles Somerset
Letter from Mr. J. J. Kotze to Landdrost J. W. Stoll
Letter from Earl Bathurst to Lord Charles Somerset
»
>»
»>
Letter from the Commissioners of Enquiry to Lord Charles
Somerset
Letter from Commander Wray to Conmiodore Christian .
Letter from Earl Bathurst to Lord Charles Somerset
Letter from John Barrow, Esqre., to R. W. Hay, Esqre. .
Letter from Commodore Christian to the Secretary to
Government .......
Letter from Lieutenant-Colonel Somerset to the Commis-
sioners of Enquiry . . . .
Letter from A. Borradaile, Esqre., to the Conmiissioners of
the Treasury
Letter from the Landdrost of Tulbagh to the Conmiis-
sioners of Enquiry ......
Letter from the Landdrost of Albany to the Commissioners
of Enquiry .........
Letter from Earl Bathurst to Lord Charles Somerset
Letter from R. W. Hay, Esqre., to the Commissioners of the
Navy
Letter from R. W. Hay, Esqre., to D. Edwards, Esqre. .
Letter from Mr. J. van Reenen to Landdrost J. W. Stoll .
Letter from Earl Bathurst to Lord Charley Somerset
Letter from Lord Charles Somerset to Commodore Christian
Letter from the Commissioners of Enquiry to Earl Bathurst
Letter from Mr. P. van der Byl to Captain Hare
Letter from Earl Bathurst to Lord Charles Somerset
Letter from Mr. W. A. Hankey to R. W. Hay, Esqre.
Letter from Earl Bathurst to Lord Charles Somerset
Letter from Landdrost Stockenstrom to the Commissioners
of Enquiry .......
Letter from Earl Bathurst to Lord Charles Somerset
»»
»
>»
»
>»
»>
Letter from R. W. Hay, Esqre., to G. Harrison, Esqre.
Ordinance of the Governor in Council .
»>
»
»»
»
Letter from the Commissioners of Enquiry to Earl Bathurst
Letter from the Secretary to Government to R. W. Horton,
Esqre.
Letter from John Barrow, Esqre., to R. W. Hay, Esqre. .
Letter from Dr. J. Barry to the Secretary to Government .
Letter from Earl Bathurst to Lord Charles Somerset
PAGE
220
221
221
223
223
227
228
228
229
229
230
231
232
233
234
235
235
236
237
238
241
242
242
243
246
246
247
247
247
248
251
254
255
256
257
258
259
X
Contents,
DATK
1825
11 Oct
12 Oct
>•
»•
t»
tt
t>
»»
IS Got
14 Oct
»»
»t
•»
»t
Ifl Oct
»»
t»
%\
ft
•»
f»
»t
10 Oct
17 Oct
»
18 Oct
»
•>
10 Oct
Letter from lieut-CoL Somerset to the Secretary to
Govenunent ......
Enclosure concerning Mr. D. P. Francis .
Letter from Earl Bathurst to Lord Charles Somerset
Letter from Lord Charles Somerset to Earl Bathurst
Enclosures concerning a military post
Letter from Lord Charles Somerset to Earl Bathurst
Letter from R. W. Hay, Esqre., to George Harrison, Esqre
Letter from R. W. Hay, Esqre., to T. P. Courtenay, Esqre.
99
»>
»f
Letter from Sir John Truter to Lord Charles Somerset
Letter from Mr. William Proctor to Captain Hare .
Letter from Earl Bathurst to Lord Charles Somerset
Letter from Dr. James Barry to Lord' Charles Somerset
Letter from Earl Bathurst to Lord Charles Somerset
Letter from R. W. Hay, Esqre., to the Reverend A
Hamilton
Letter from the Fiscal to the Secretary to Government
Enclosure concerning Mr. B. Burnett
Letter from Lord Charles Somerset to Dr. James Barry
Letter from Lieutenant Rutherfurd to J. Fleck, Esqre.
Arrival of the Steam Packet
Letter from Earl Bathurst to Lord Charles Somerset
Letter from Lord Charles Somerset to Earl Bathurst
99
99
99
99
99
99
99
99
99
Enclosures concerning the Governor
Letter from Major-General Bourke to R. W. Hay, Esqre.
Letter from Mr. J. E. Ford to the Governor's Private
Secretary
Letter from J. C. Fleck, Esqre., to Lieutenant J. H.
Rutherfurd
Letter from Earl Bathurst to Lord Charles Somerset
Letter from Lord Charles Somerset to Earl Bathurst
Letter from Earl Bathurst to Lord Charles Somerset
Letter from R. W. Hay, Esqre., to G. Harrison, Esqre.
Letter from the Acting Clerk of the Council to Dr. James
Barry ........
Letter from Earl Bathurst to Lord Charles Somerset
Letter from Lord Charles Somerset to Earl Bathurst
Letter from R. W. Hay, Esqre., to T. P. Courtenay, Esqre
Letter from R. W. Hay, Esqre., to W. Merry, Esqre.
Letter from Earl Bathurst to Lord Charles Somerset
Letter from Lord Charles Somerset to Earl Bathurst
Enclosures concerning civil servants
PAGE
259
259
260
261
261
263
264
264
265
265
273
274
274
275
275
276
276
281
282
283
284
285
286
286
287
287
299
300
302
303
303
304
305
305
306
306
307
308
308
308
309
»f
>»
4>
Contents. xi
DATE FAQE
1826
20 Oct. Letter from Earl Bathurst to Lord Charles Somerset . 312
„ Letter from Lord Charles Somerset to Earl Bathurst . 313
21 Oct. Letter from Earl Bathurst to Lord Charles Somerset . 314
Letter from R. W. Hay, Esqre., to Major-General Bourke 314
Letter from John Barrow, Esqre., to B. W. Hay, Esqre. . 315
22 Oct. Letter from B. W. Hay, Esqre., to the Reverend H.
Shepherd .315
Letter from the Commissioners of Enquiry to Lord Chaxles
Somerset 316
Letter from Mr. D. P. Francis to R. W. Hay, Esqre. . 316
25 Oct. Letter from Walter Bentinck, Esqre., to the Commissioners
of Enquiry 317
Return of Troops in South Africa 318
Memorial of Mrs. Jane Erith 318
26 Oct. Letter from Major-General Bourke to R. W. Hay, Esqre. 327
Letter from John Barrow, Esqre., to R. W. Hay, Esqre. . 328
Letter from Mr. W. Hayward to the Commissioners of
Enquiry 328
Letter from the Landdrost of Worcester to the Commis-
sioners of Enquiry 329
27 Oct. Report of the Conmiissioners of Enquiry on the cas* of
Lieutenant White 332
Letter from Lord Charles Somerset to the Commissioners
of Enquiry 335
Letter from Bishop Poynter to R. W. Hay, Esqre. . . 336
28 Oct. Letter from the Commissioners of Enquiry to Lord Charles
Somerset 337
Letter from Lord Charles Somerset to the Commissioners of
Enquiry 338
Letter from Major-General Bourke to R. W. Hay, Esqre. 340
29 Oct. Letter from the Secretary to Government to Dr. James
Barry 342
Letter from Mr. Charles D'Escury to Earl Bathurst . . 343
Letter from Mr. D. P. Francis to R. W. Hay, Esqre. . 344
31 Oct. I>etter from the Commissioners of Enquiry to the Secretary
to Government ....... 345
^ Letter from the Secretary to Government to the Commis-
sioners of Enquiry .' 346
Letter from Harry Rivers, Esqre., to the Commissioners of
Enquiry <....... 347
Report of Messrs. Truter and Borcherds to the Chief
Justice 348
1 Nov. Letter from Lord Charles Somerset to Earl Bathurst . 355
Enclosure concerning Lieutenant Hope . . . 356
„ Letter from Lord Charles Somerset to Earl Bathurst . 357
„ Mmute reestablishing the Medical Committee . . . 357
»»
99
>»
»>
>«
ft
>»
»f
»>
99
»>
xii Contents.
DATE PAOB
1826
1 Nov. Letter from the Commissioners of Enquiry to the Secretary
to Government ....... 358
Letter from the Secretary to Government to the Commis-
sioners of Enquii^ ...... 359
Letter from the Secretary to Government to R. Wihnot
Horton, Esqre 361
,, „ „ yf . DOa
„ Government Appointments ...... 364
„ Memorial of Mr. Hugh Huntley ..... 364
Enclosures concerning Lieutenant-Colonel Cuyler . 384
3 Nov. Letter from Major-General Bourke to R. W. Hay, Esqre. 395
4 Nov. Letter from Earl Bathurst to Lord Charles Somerset . 396
„ Letter from the Commissioners of Enquiry to the Secretary
to Government . . . . . . . 397
6 Nov. Letter from Lord Charles Somerset to Earl Bathurst . 398
Letter from the Assistant Secretary to Government to the
Receiver General ...... 400
Letter from Thomas Pringle, Esqre., to the Commissioners
of Enquiry 401
7 Nov. Letter from Lord Charles Somerset to the Commissioners of
Enquiry .406
Letter from R. W. Hay, Esqre., to the Commissioners of
the Navy . . . . . . . . 408
Letter from John Barrow, Esqre., to R. W. Hay, Esqre. . 408
Letter from the Reverend C. I. Latrobe to Earl Bathurst 410
8 Nov. Letter from John Barrow, Esqre., to R. W. Hay, Esqre. . 410
Enclosure concerning the finances of the Cape . . 411
9 Nov. Letter from Lord Charles Somerset to Earl Bathurst . 411
Letter from R. W. Hay, Esqre., to Mr. D. P. Francis . 413
Letter from the Secretary to Government to the Commis^
sioners of Enquiry 414
10 Nov. Letter from R. W. Hay, Esqre., to G. Harrison, Esqre. . 418
Letter from R. W. Hay, Esqre., to Mr. William Dunn . 418
Letter from R. W. Hay, Esqre., to G. Harrison, Esqre. . 419
>» »» »» ' • . 4iy
Letter from J^arl Bathurst to Lord Charles Somerset . 420
Letter from R. W. Hay, Esqre., to Mr. George Greig . 421
Letter from R. W. Hay, Esqre., to the Reverend X. L
Latrobe 422
Letter from the Fiscal to the Commissioners of Enquiry « 422
Letter from R. Rogerson, Esqre., to the Commissioners of
Enquiry . ^ . . . . . . . 424
Letter from Mr. D. P. Francis to Earl Bathurst . . 426
Letter from Earl Bathurst to Lord Charles Somerset . 427
Letter from Lord Charles Somerset to Earl Bathurst . 428
14 Nov. Letter from Earl Bathurst to Major-General Bourke . 428
»»
»»
n
99
11 Nov.
»»
»»
»
9>
t»
12 Nov.
»•
Contents,
xiu
DATE
1825
14 Nov.
16 Nov.
16 Nov.
»»
17 Nov.
18 Nov.
19 Nov.
9»
>»
»»
99
20 Nov.
21 Nov.
»»
22 Nov.
23 Nov.
»>
»»
24 Nov.
25 Nov.
Letter from the Secretary to Government to the Commis
sioners of Enquiry
Letter from Advocate Henry Cloete to Sir Richard
Jl las&ev ..••••*
Letter from the Commissioners of Enquiry to the Secretary
to Government
Enclosure : Letter from Dr. Barry .
Letter from Mr. D. P. Francis to R. W. Hay, Esqre.
Extract from Records of the Court of Justice .
Letter from Lord Charles Somerset to Earl Bathurst
Enclosures concerning wharfs
Ordinance of the Governor in Council .
Letter from R. W. Hay, Esqre., to G. Harrison, Esqre.
Letter from R. W. Hay, Esqre., to Mr. D. P. Francis
Letter from the Receiver General to Sir Richard Plasket
Letter from Lord Charles Somerset to Earl Bathurst
>9
9>
99
Enclosures concerning trade with Kaffirs
Letter from R. W. Hay, Esqre., to George Harrison, Esqre
Letter from Commodore Christian to Lord Charles Somerset
Letter from Commodore Christian to W. C. van Ryneveld,
Esqre.
Letter from Commodore Christian to Lord Charles Somerset
Statement by Commodore Christian ....
Letter from Mr. William Greig to R. Wilmot Horton, Esqre.
Letter from Mr. Bishop Burnett to R. W. Hay, Esqre. .
Letter from the Secretary to Government to the Commis-
sioners of Enquiry
Letter from R. W. Hay, Esqre., to Mr. D. P. Francis
Letter from the Commissioners of Enquiry to the Governor
in Council ........
Letter from the Commissioners of Enquiry to the Secretary
to Government
Letter from Sir Richard Plasket to the Receiver General .
Letter from Lord Charles Somerset to the Commissioners of
Enquiry
Letter from the Fiscal to the Commissioners of Enquiry .
Letter from R. W. Hay, Esqre., to T. P. Courtenay, Esqre.
Letter from R. W. Hay, Esqre., to Mr. Thomas Skin
Letter from the Secretary to Government to R. Wilmot
Horton, Esqre
Letter from the Judge of the Vice Admiralty Court to the
Secretary to Government
Letter from the Receiver General to Sir Richard Plasket .
Letter from Lord Charles Somerset to the Commissioners of
Enquiry
PAGE
429
431
432
435
437
438
439
439
443
444
445
445
447
447
448
451
451
452
453
454
457
458
459
465
465
466
467
468
468
470
470
470
471
472
473
XIV
Contents.
DATE
1825
25 Nov.
»»
»>
»»
26 Nov.
»t
27 Nov.
>»
28 Nov.
»
29 Nov.
30 Nov.
1 Dec.
PAQB
Letter from B. W. Hay, Eeqre., to Lord Charles Somerset 476
Letter from Lord Charles Somerset to Earl Bathurst . 477
Letter from the Commissioners of Enquiry to Lord Charles
Somerset . . . . ' . . . . 477
Letter from Lord Charles Somerset to the Commissioners
of Enquiry 478
Letter from R. Wilmot Horton, Esqre., to Mr. William
Greig . . « . . . ' . . . 479
Letter from B. W. Hay, Esqre., to Mr. Bishop Burnett . 480
Letter from Lord Charles Somerset to Commodore Christian 481
Letter from the Commissioners of Enquiry to the Secretary
to Government 482
Letter from Lord Charles Somerset to Commodore Christian 485
Letter from the Secretary to Government to the Commis-
sioners of Enquiry 486
99 >» »» • 4oO
Letter from Lord Charles Somerset to Earl Bathurst . 488
Letter from the Commissioners of Enquiry to Earl Bathurst 489
Letter from Mr. William Greig to R. W. Horton, Esqre. . 490
Letter from the Commissioners of Enquiry to the Secretary
to Government 492
Letter from Earl Bathurst to Lord Charles Somerset . 493
Letter from R. W. Hay, Esqre., to Lord Charles Somerset 494
Letter from the Commissioners of Enquiry to the Secretary
to Government 494
Letter from Major-General Bourke to Earl Bathurst . 496
Letter from Mr. Dudley M. Perceval to R. W. Hay, Esqre. 496
Letter from Mr. R. H. Adcock to R. W. Horton, Esqre. . 496
Letter from Earl Bathurst to Lord Charles Somerset • 497
Letter from Lord Charles Somerset to Earl Bathurst . 497
Letter from the Secretary to Government to the Commis-
sioners of Enquiry 498
Memorandum by the Secretary to Government . . 500
KECORDS OF THE CAPE COLONY.
/
[Original.]
Note from the Secretary to Government to the Commissioners of
Enquiry.
C01.ONIAL Office, 2Qnd August 1825.
Sir Richard Flasket presents his Compliments to the Com-
missioners of Inquiry, and has the honor to acquaint them, in
reply to their note of the 20th instant, requesting that the
Report of the Commission of Inspection and Survey upon
which the Grant of the Five Thousand Morgen of Land, in the
Graaflf Reynet district, was finally executed on the 6th of
December 1820, by the Acting Governor Sir Rufane Donkin,
in favor of Mr. A. Stockenstrom, Landdrost of that province,
may be forwarded to them for perusal ; that it does not appear
that a previous report on the land in question was ever trans-
mitted to Government.
[Copy.]
LeUer from Sir Richard Flasket to Mr. George Greig.
Colonial Office, August ^Qnd 1825.
Sir, — I have submitted to His Excellency the Governor
your Memorial imder date the 20th Instant, and I am directed
by His Excellency to acquaint you that he will forward it by
the first opportunity to Earl Bathurst, one of His Majesty's
Principal Secretaries of State. I have &c.
(Signed) R. Flasket, Secretary to Government,
xxni. B
2 Records of the Cape Colony,
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst.
Cape op Good Hope, 23rd August 1825.
My Lord, — I have the honor to enclose for Your lordship's
information copy of a correspond^ce which has taken place
between this Grovemment and Mr. George Greig, since his
return to the Cape on the 12th Instant.
I have already stated to Your Lordship in my Despatch of
the 6th Ultimo that the Printing Materials which the Govern-
ment purchased from Mr. Greig at his own request (because he
could not otherwise dispose of them) were sold to Mr. Bridekirk
very shortly after Mr. Greig's departure from the Colony.
Mr. Greig now asserts that this Government was bound to
keep the said materials in deposit, and that it ought on no
account to have disposed of them, but I beg to assure Your
Lordship that there was no reservation whatsoever of this
nature expressed or implied, as you will perceive by the
enclosed Document, and with a view to convince Your Lordship
how totally unfounded are the assertions of Mr. Greig or his
claim upon Government, in regard to the disposal of these
Printing Materials, which in his Memorial he says he was not
authorised himself to sell or mortgage, I enclose a hand Bill
printed and issued by Mr. Greig himself (with his own types
after his Presses had been sealed up) in which he offers for
sale the whole of his stock of Printing materials, but not
having found a purchaser, and his proposal to dispose of them
in shares having failed, he applied to Government and the
Articles were purchased at a valuation, himself appointing one
of the Appraisers, on which valuation a profit of 15 per Cent
was added and paid to Mr. Greig.
Mr. Greig has since stated that his arrangements are prepared
for recommencing his weekly journal on Wednesday next, he
having brought out Materials for the purpose from England,
so that I cannot understand upon what groimd he can claim
any remuneration from Government. I have &c.
(Signed) Charles Henry Somerset.
P.S. I also forward a letter from Mr. Bridekirk, stating
that the restoration of the Printing Materials by him would be
attended with the ruin of his business.
^ Becords of the Cape Colony, 3
[Copy.]
Letter from Lord Charles Somerset to the Commissioners
OP Enquiry.
Government House, Cape Town, 23rd August 1825.
Gentlemen, — I have the honour to acknowledge the receipt
of your letter of the 15th instant, requesting to be informed of
the peculiar reasons and circumstances that may have existed
for suspending the execution of the instructions of His Majesty's
government for reducing the amount of paper money in circu-
lation, and of any representation that may have been made by
me to Earl Bathurst upon the consequences of the growing
depreciation ; and in reply, to transmit to you a copy of a
despatch I have addressed to Earl Bathurst, under date the
23rd July last, upon this subject. I have &c.
(Signed) Charles Henry Somerset.
[Original.]
Letter from Lord Charles Somerset to the Commissioners
OP Enquiry.
Cape of Good Hope, 23 August 1825.
Genti.emen, — I have for some time past received represen-
tations from various Branches of the Civil Service in this
Colony upon the subject of the very inadequate Salaries
attached to their respective situations, the intrinsic value of
which has been ascertained by the late measure of fixing the
value of the Rixdollar.
I am fully aware and I beUeve you will feel inclined to concur
in opinion with me that these representations are, generally
speaking, well founded, and that the allowances now granted
to most of the Officers of this Government who are paid in
Currency are by no means equal to supply them with the
necessary comforts of life, and that were it not for the aid they
derive from their FamiUes (and this is only appUcable to the
Dutch) many of them would be unable to support themselves
with common decency.
B 2
4 Records of the Cape Colony.
Under these circumstances, it would become an imperative
duty upon me to make a representation on the subject to Earl
Bathurst, did I not conceive myself precluded from so doing,
without reference to you, by two Despatches I have at no
distant period received from His Lordship in reply to appli-
cations of a similar nature in favour of three or four Individuals.
Although His Lordship was pleased to express every disposition
to pay attention to my recommendation, it appeared to him
more advisable, with reference to objects connected with your
Commission, to postpone a Decision on them until a general
investigation had taken place with regard to the several offices
of the Cblonial Establishment.
Feeling, however, as I sincerely do, the difficulties under
which many of the Civil Servants labour, I am anxious to bring
the subject before you at your earUest leisure, and to request
your opinion as to the most advisable measure to adopt under
all the circumstances of the case, being fully persuaded that
the Interests of Government are as much concerned in this
question as those of the Individuals themselves.
I am well aware that the resources of this Government are
unable to bear any additional Burthen. I trust however that
it may be possible to suggest reductions in some parts of the
EstabUshment which may tend to meet a portion of the
augmentations that may be deemed necessary. I have &c.
(Signed) Charles Henry Somerset.
P.S. I enclose copies of Lord Bathurst's Despatches above
alluded to.
[Office Copy.]
Letter from R. W. Hay, Esqre., to the Commissioners of
Enquiry.
Downing Street, London, 23 August 1825.
Gentlemen, — I am directed by Earl Bathurst to acknow^
ledge the receipt of your note of the 29th of May last addressed
to Mr. Wilmot Horton, together with the Box addressed to hia
Records of tJie Cape Colony^ 5
Lordship containing your Report upon the address transmitted
to his Lordship in the year 1823 by the principal British
Settlers in the Albany District. I have &c.
(Signed) R. W. Hay.
[Office Copy.]
Letter from R. W. Hay, Esqrb., to Mr. D. P. Francis.
Downing Stkeet, London, 23 August 1825.
SiR,~^I have laid before Earl Bathurst your letter of the
8th instant, and I am directed to acquaint you in reply that no
Report on your Memorial has yet been received from the
Commissioners of Enquiry at the Cape of Good Hope, and
until such report shall have been received, it is impossible for
his Lordship to decide upon the merits of your case.
With reference to your letter of the 8th ultimo containing an
application for employment in consequence of the losses you
allege yourself to have sustained at the Cape of Good Hope, I
am to acquaint you that it is out of his Lordship's power to
entertain such a proposition. I am &c.
(Signed) R. W. Hay.
[Office Copy.]
Letter from R. W. Hay, Esqre., to Mr. B. Parr.
Downing Street, London, 23 August 1825.
Sir, — Having laid before Earl Bathurst your letter of the
15th instant, I am directed by his Lordship to acquaint you
in reply that His Majesty's Government do not hold out any
advantages to persons wishing to emigrate to the Cape of Good
Hope. I am &c.
(Signed) R. W. Hay.
if 'Records of the Cape Colony.
[Original.]
Letter front the Secretary to Government to R. W11310T
HORTON, ESQRE.
Cape of Good Hope, 23rd August 1825.
My dear Sir, — It would save us a great deal of labour and
no inconsiderable expence in the Article of Stationery if we
were to be authorised during a period of Peace to make out
the Accounts of this Colony in DupUcate instead of in Triplicate.
The Originals would be sent to England, and the DupUcates
deposited in the Audit Office. If the Originals by any accident
were lost, which is not Ukely to happen once in ten years, the
Auditor General would be desired to make authenticated
Copies from the Duplicates to keep in his own office, and the
Duplicates would be sent home.
At present one Set is kept in the Office of the Colonial
Paymaster, for which I see no use while the Auditor has a Set
in his Office.
If the Colonial, Audit Office should have no objection to this
arrangement I trust you will be enabled to obtain Earl
Bathurst's Sanction to it. I have &c.
(Signed) Richard Plasket.
[Original.]
Letter from Major General Bourke to R. W. Hay, Esqre.
75 WiMPOLE Street, Avigust 23rd 1825.
Sir, — Understanding from Earl Bathurst it is probable I
shall be called upon to take charge of the Government of the
Cape of Good Hope shortly after my arrival there, and as in
such case it will be absolutely necessary that I should have a
private secretary of my own selection and in my confidence,
I beg leave to state to you for his Lordship's information, that
I should wish to have permission to take out with me an
Officer to fill this situation. He may, with leave of H.R.H.
the Commander-in-Chief, be appointed an Extra Aide de
Records of the Cape Colony. 7
Camp, and will be no charge either to Government or the
Colony until his arrival at the Cape, and then (until his appoint-
ment as Secretary) for Rations only. It is in this way, I
beUeve, that the private Secretary of M. General Sir Peregrine
Maitland is borne on the Establishment of Upper Canada.
I would further add, without wishing to draw Lord Bathurst
into any premature discussion as to the number or description
of Persons his Lordship may think fit to employ in the Eastern
District of the Cape, that I conceive it to be quite certain the
Lt. Governor (having but one Aide de Camp) will require a
Secretary, and it might materially influence the decision of the
Person to whom I would in the first instance offer this employ-
ment, if I had His Lordship's sanction for saying that it is
probable, in the event of my removal from Cape Town, the
Office will be continued in the Eastern District. I have &c.
(Signed) Richd. Bourke, M. General.
[Copy.]
Letter from the Commissioners of Enquiry to Earl Bathurst.
Cape Town, 2Mh August 1825.
My Lord, — We had the honour to receive on the 7th July
your Lordship's dispatch of the 26th March 1825, referring to
copies of representations which had been addressed to the under
secretary of state by Mr. Bishop Burnett, and directing us to
lose no time in communicating to your Lordship the result of
our inquiries into the circumstances of his case, with such
further information as a perusal of these papers might appear
to render necessary.
The enclosures referred to in your Lordship's dispatch were
communicated to us by his Excellency the Governor on the
2dth July ; and as it would appear that Mr. Burnett has ex-
pressed, in a letter to Mr. Horton of 28th March 1825, his sur-
prise that we had omitted to report to your Lordship upon his
case, which he had submitted to us at Graham's Town, we beg
leave to explain to your Lordship, that the communications
made to us by Mr. Burnett on the subject of his various com-
plaints veie leoenred by us in commoD with those €l other
indiTidiials, both in the exectmoo of our general instmcticMis,
and in pnrraance of toot Lorddiip*s diiectioiis. that we shonld
inrestigxte the gioands of complaints that had been pre-
fened by the Kitish emigrant settlns in the memorial that
had been transmitted to your Lordship in the year 1823, and
whidb waa the subject of our repent dated 25th May 1825.
We beg leaTe to assure your l4xdship that no expectation
waa hdd out by us to Mr. Burnett that we should make any
gpedal oonmiunication to your Losdduqp upon his case, but he
was cm the ocmtrary distinctly informed that our inquiries were
restricted to the general objects which his information might
tend to elucidate.
Since we have receired the papers referred to in your Lord-
ship's dispatch, we have directed our attention to the acquire-
ment of such further information as may be necessary to the
elucidation of Mr. Burnett's case, so far as we are directed to
report upon it, and we shall lose no time in transmitting to
your Lordship the information required. We have &c.
(Signed) John Thomas Bigoe,
William M. G. Colebrooke.
[Copy.]
Letter from the Commissioners of Enquiry to IjOrd Charles
Somerset.
Cape Town, 24^ August 1825.
My Lord, — We have been honored with your Lordship's
I-«etter of yesterday's date, in which you have expressed your
desire to communicate to us the various representations that
have reached you respecting the inadequacy of the Salaries of
several Civil Servants in the different Offices of Government,
and at the same time have done us the honor to request our
opinion as to the most advisable measures to adopt under all
the circumstances of the Case.
In reply we beg leave to state, that we shall be at all times
ready to give our best attention to the consideration of the
Records of the Cape Colony, 9
applications that have reached your Lordship, and to offer
such an opinion respecting them as may be consistent with the
spirit of our Instructions. We have &c.
(Signed) John Thomas Biooe,
William M. G. Colbbrooke.
[Original.]
Letter from the Secretary to Government to R. Wilmot
HORTON, Esqre.
Cafe of Good Hope, 24^ August 1826.
My dear Sir, — I beg to call Lord Bathurst's attention to
the fact of our having no Piracy Court in this Colony.
In the King's Instructions to Lord Charies Somerset under
date 3rd November 1813, it is stated that a Commission of
Piracy had been prepared to accompany those Instructions,
but no such Document was ever received here.
As Slave Trading has been made a Felony cognizable by the
Courts of Piracy, and as this and other Criminal oflEences com-
mitted on the High Seas should be tried under the English Law,
it would be very inconvenient if any case were to occur here,
particularly a case of Slave Trading.
We ought to have an English Attorney, or Person bred to
the Law, who is practised in the detail of the Forms of a British
Criminal Court and the empannelling of Jurors &c., to act as
Secretary or Registrar to this Court, and as it will not often
assemble, he might be very usefully employed in some of the
other Judicial Departments, as we have nothing of the kind
here to make the Piracy Court (and I may well add any of our
other Courts) eflEective, however we shall require the presence
of an English Chief Justice. I have &c.
(Signed) Richard Plasket.
10 Records of the Cape Colony.
[Copy.]
Letter from Mr. William Bridekirk to Sir Richard Flasket.
Cape Town, 25<^ August 1825.
Sir, — In reference to the conversation I had the honor of
having with you yesterday, relative to whether I could give up
my types &c., I beg leave respectfully to observe, that the
question appears to me of a very singular nature. Said types
&c. were offered for Sale in shares, but meeting with no pur-
chasers, they were appraised by Mr. Johnstone, now in the
Colonial Printing Office, and by Mr. MoUett, in my employ,
and were afterwards bought by the- above (Jovernment from
whom I lawfully and regularly purchased them, since which
time I have carried on my business as Printer. To restore
them would be to give up business, and I very naturally would
not do this, without being most extravagantly remunerated,
so as I could retire in an independent way. I have'&c.
(Signed) Wm. Bridekirk, Junr.
. [Office Copy.]
Letter from R. W. Hay, Esqre., to G. Harrison, Esqre.
Downing Street, 26 August 1825.
Sir, — Forty Four Aums and Forty two half Aums of Con-
stantia Wine shipped on board H.M.S. Andromache, Captain
Moorsom, having been placed under the charge of the Officers
of the Customs at Chatham, I am directed by Earl Bathurst to
request that you will move the Lords Commissioners of the
Treasury to give the necessary directions for its being forth-
with conveyed to the Custom House in London. I am &c.
(Signed) R. W. Hay.
Eccords of the Cape Colon j/, 11
[Office Copy.]
Letter from R. W. Hay, Esqre., to Mr. William Parker.
Colonial Office, 26 August 1825.
Sir, — I have to acknowledge the receipt of your letter of the
16th Instant, addressed to Mr. Wilmot Horton, and am directed
by Earl Bathurst to acquaint you that his Lordship has not as
yet received any report from the Commissioners at the Cape
with reference to your particular case. I am &c.
(Signed) R. W. Hay.
[Original.]
Letter from Thomas Pringle, Esqre., to the Commissioners
OF Enquiry.
IMiLK Riv^ER, NEAR Graaff Reixet, August 26<^, 1825.
Gentlemen, — I now beg leave to solicit your attention once
more to the subject of the Search Warrant ; arid, in order to
get directly to the bottom of this affair, I consider it requisite
respectfully to suggest that the following course may be
adopted :
1st. That Mr. Denyssen the Fiscal be again called before
you, and strictly re-examined upon oath ; that he be required
to state distinctly not merely whether my name was or was not
" inserted " in any search warrant actually signed, but, further,
whether I was or was not included in any list of individuals
whose papers, persons, or premises were intended to be visited,
in some shape or other, by such procedure.
2nd. That Mr. P. G. Brink, late acting Colonial Secretary,
be examined upon oath, in the same manner, as to his knowledge
or belief of the existence of such warrant, list, or intention of
search, in regard to my papers, person, or premises.
3rd. That Mr. W. C. van Ryneveld, Deputy Fiscal, be
examined in the same manner, on the same points.
12 Hccords of the Cape Colony.
4th. That ]VIr. Denyssen, the Fiscal, be examined upon oath
as to his real object, and legal right, in summoning me as a
tvitness before the Court of Justice for the purpose of extorting
the name of my informant. This is not a trivial matter. If
there was, as he alleges, no warrant nor intention of search in
regard to me, this procedure could serve no possible purpose,
except to alarm, annoy, or entangle me in some scrape, and
through me perhaps intimidate the pubUc at large, objects
which you. Gentlemen, I am confident, will agree with me in
considering highly illegal. And, in the peculiar circumstances
of the case, if the Fiscal be proved to have lent himself to such
objects, I maintain that he (standing as he officially does
between the (Jovernment and the subject, and bound by oath
to act righteously towards both) has been guilty of a very
gross and criminal abuse of his office.
But if it tiun out that there actually was either a Warrant,
or, what is essentially the same thing, an order or authority of
som*e sort, to search my papers or premises, then I request.
Gentlemen, that His Majesty's Fiscal be required to shew upon
what grounds such warrant, order, injunction, or authority was
procured, or could legally be employed against me.
5th. I request that Mr. Bentinok, Commissioner of the Court
of Justice on that occasion, be interrogated in regard to my
examination before him, and be required to shew what legal
right or authority the Court possessed to extort from me, by
ex$imination on oath, the name of my informant.
6th. I request that Mr. Lind, the Deputy Fiscal, be examined
on the same subject.
I am not a little anxious. Gentlemen, to ascertain the precise
truth in regard to the several points involved in the result of
the above course of inquiry ; I trust, therefore, you will take
no offence at my suggesting the expediency of a very careful
cross examination, to prevent the possibility of any of the
above-mentioned individuals evading the disclosure of impor-
tant facts, or bUnking points at issue, by any sort of subterfuge
or equivocation. If in conceiving men so high in office capable
of such paltry artifices, I appear to you unwarrantably sus-
picious, I can only say that it is my experience of Cape func-
tionaries that has made me so ; and, without insinuating any
particular suspicion of any one of the above individuals, I
Bccords of the Cape Colony, 13
consider it due to my own cause and that of the public to avail
myself of every possible precaution in the prosecution of this
inquiry.
When you have taken these examinations, Grentleihen, I
respectfully request that you will be pleased to inform me of
the result. Should my allegations in regard to the Search
Warrant not be confirmed by the evidence thus elicited, I shall
then be able to decide what farther course to adopt. I have
still a farther measure in reserve, but it is a measure I do not
feel authorized to suggest, unless the present course of inves-
tigation should fail of corroborating my original intelUgence.
I shall conclude the present communication by mentioning
a case of outrage, by means of a Search Warrant, which I am
not aware has been previously brought under your notice. It
may help to shew whether or not my apprehensions, when T
claimed your protection on coming from the Fiscal, were
without cause, and whether it be not high time that such
nefarious encroachments on the liberty of the subject shoYild
be rigidly investigated, and for ever put a stop to.
A Mr. Cole of Simon's Town was suspected by some one or
other of having been concerned in putting up a placard which
lampooned or reflected upon several individuals of that Com-
munity. It seems complaint to this effect was made, and a
Seaix^h Warrant against Cole was sent to the Resident, Colonel
Scott.
The Colonel intrusted the execution of it to the Secretary,
Mr. Goodwin, who, not finding Mr. Cole at home, broke open
his house, proceeded to rifle his papers, and sent constables to
seize his person. Mr. Cole was found in a distant part of the
town, and was dragged through it to his private dwelUng,
where he saw all his private papers exposed on the table.
Goodwin packed them up, sealed, and sent them to the
Fiscal in Cape Town. That officer detained them in his
possession upwards of three months, and then returned them,
with the observation that there was no ground for supposing
Mr. Cole to have been concerned in the placard which had
given rise to this proceeding ! It was subsequently ascertained
that the offensive paper had come from one of the ships of
war on the Station !
I return in a few days to Baviaan's River, but shall feel
14 Records of the Cape Coloiiy.
obliged by your continuing to address to me by way of 6raa£E
Reinet. I have &e.
(Signed) Thos. Pringlb.
[Original.]
Letter from Mr. Georoe Burder to R. W. Hay, Esqre.
Mission House, Austin Friabs, 26^ August 1825.
Sir, — I am instructed by the Directors of the London
Missionary Society to acknowledge the receipt of your letter
of the 9th Inst, addressed to Mr. Hankey ; and in comphance
with the request of Lord Bathurst, to communicate for His
Lordship's information, the grounds which they had for stating
that the cases of Enon and Bethelsdorp are very dissimilar, in
reference to the collection and payment of the Opgaaf , by the
respective Missionaries of those Institutions.
The representations which the Directors have received on
this subject induce them to beUeve, that the Institution at
Enon consists only of a small number of Hottentots, and that
the amount of the Opgaaf is about 170 Rixdollars ; and that
it has also been intimated to the Directors, that according to
the Moravian system, the earnings of the People are deUvered
into the hands of the Missionaries, and afterwards given out to
the Hottentots as the Missionaries think proper. Under such
circumstances the duty which has been submitted to by the
Missionaries at Enon does not appear to be connected with any
considerable difficulty or serious responsibility.
The Institution at Bethelsdorp is stated to comprise a
population of from 1500 to 2000 persons, and the Opgaaf
generally exceeds 2000 Rixdollars. It is also to be observed,
that many of the Hottentots Uve at some distance from the
Institution in the service of different persons, that the Mis-
sionary has no control over their earnings, and that many of
them are under contract to the farmers &c., and frequently
cannot get their money, nor permission to come to Bethelsdorp,
before the term of their services is expired.
The Directors respectfully submit to Lord Bathurst that
Records of tlie Cape Colony, 15
these leading circumstances relating to Enon and Bethelsdorp
establish a great dissimilarity between the two Institutions
with reference to the collection and payment of the Opgaaf .
Besides which the actwd state of Bethelsdorp as to the extent
of its population, the indefinite and unfavorable circumstances
in which many of the Hottentots are placed with relation to
the superintendence and control of the Missionary, in connexion
with the constant and important duties of Rehgious and Moral
Instruction which he is required to discharge among the
people, render the requirement of the Colonial Government,
that he be responsible for collecting and paying the Opgaaf
at Bethelsdorp, a measure very unappropriate, unjustifiable,
and oppressive.
I beg further to observe that the opinion which the Directors
have expressed with regard to the Duties the Missionaries have
been required to discharge as Tax-gatherers, being injurious to
their character as Missionaries, has not been given with any
oflEensive reference to the Moravian Missionary at Enon, who
is said to have complied with that requisition. The Directors
are willing to concur in the general sentiments that are held
concerning his exemplary character and conduct, but they are
fully persuaded that Mr. Kitchingman the Society's Missionary
at Bethelsdorp, is equally worthy of commendation and con-
fidence. The latter, however, appears to entertain the most
rational, just, and scriptural views of Missionary duties and
obUgations, with reference to advancing the civilization and
the moral and religious instruction of the Hottentots under a
system which should exclude every unnecessary and unsuitable
object, which should keep his exertions entirely separated from
political interferences and collisions, and shoidd enable him to
make the fullest proof of his labors and usefulness as a Christian
Missionary and Minister.
In these views and sentiments (which have been briefly men-
tioned in the Memorial lately presented to Lord Bathurst) the
Directors most cordially unite, and they trust that the en-
lightened intelligence, the impartiality, the justice, and the
benevolence of Lord Bathurst, will all concur in giving his
recommendation and sanction to such measures, as shall pre-
serve the Missionaries in South Africa from every unappro-
priate, injurious, and oppressive requisition, and insure them
1
16 BeeoTck of the Cape Colony,
the fullest and most free exercise of their deeply important
efforts, which are directed to promote the civilization and
improvement of the poor Hottentots, the Glory of God, and
the extension of the Kingdom of our Lord Jesus Christ.
I have ftc.
(Signed) Geo. Bubder, Secretary.
[Copy.]
Letter from Mr. George Greig to Earl Bathitrst.
Cape Town, August 26th, 1825.
My Lord, — Li announcing to your Lordship my safe arrival
in this colony, to resume, under your Lordship's sanction, the
publication of my journal, I cannot but deeply regret being
again obliged to obtrude myself upon your Lordship's attention.
I deem it unnecessary to recall to your Lordship's recollec-
tion, that in an early stage of my correspondence with the
colonial department, I had occasion to complain that the
printing materials of which I disposed to the colonial govern-
ment, (because that government had, by sealing them up, not
only deprived me of their use, but of the power of either selling
or mortgaging them to anybody else,) were in the possession of
an individual who had been allowed to publish a newspaper
manifestly to my detriment, and in open violation of the terms
of the " warrant " by virtue of which I was prohibited from
printing and pubUshing " until his Majesty's pleasure should
be known." I further stated, that I considered this act as an
aggravation of my case, because Lord Charles Somerset was
sacredly bound to adhere to the terms of his own warrant, until
he should hear whether his Majesty thought fit or not to sanc-
tion such violent proceedings. In the spirit of this remon-
strance your Lordship acquiesced ; and I was informed that
in the event of my return to this colony, the printing materials
should be directed to be restored to me, as far as might be prac-
ticable, after making a reduction for " wear and tear," and
articles consumed. Your Lordship was also pleased to direct,
that the purchase-money for the said materials should be made
Recoi'ds of the Cape Colony. 17
payable by instalments, to be completed in five years ; in con-
sideration of losses then already sustained, and to prevent
future pecuniary inconvenience. Upon the faith of this
arrangement I consented to return hither, and also to forego
all further proceedings for the recovery of damages in my case.
The restoration of my printing materials therefore was not
offered to me as a boon or gift, but as an act of justice, and as
forming part of a contract. Your Lordship, by informing me
through Mr. Wilmot Horton that direct pecuniary remunera-
tion could not be granted, tacitly admitted I had sustained
losses ; and I conceived it was with a view in some degree to
compensate me for those losses, that I was led to expect that
the instalments, or part of them, would never be demanded.
It having subsequently occurred to me, that means might be
formed by the colonial government to evade or delay your
Lordship's instructions for the restoration of my printing
materials, I wrote a note to Mr. Bailey, a clerk in the colonial
department, (copy of which is annexed,) requesting him to
inquire of Mr. Wilmot Horton, (who was stated to be indis-
posed,) whether your Lordship's instructions would be so im-
perative as to exclude the possibility of any evasion or delay
on the part of the colonial government. Mr. Horton declared
his inability, as it was a hjrpothetical case, officially to answer
the question. His private opinion however I was told was,
that no room existed for any such apprehension, as it was never
contemplated that any instructions issued by Lord Bathurst
would be contemned or evaded.
Relying confidently upon the faith of these assurances, I
merely provided myself with such printing materials as were
necessary to effect a plan I had laid down for enlarging my
paper, and for completing the sets of tjrpes which I took it for
granted I should experience no difficulty in getting restored.
Judge my surprise, my Lord, when on presenting a memorial
to the Governor in Council, (copy of which is annexed), request-
ing the restitution of my printing materials, upon the con-
ditions prescribed by your Lordship, I received an answer,
(copy of which is also annexed,) stating that his Excellency,
(without any mention of the Council having been consulted,)
could not restore them, because they had been sold to a person
named Bridekirk ! I shall abstain from commenting upon this
xxni. o
18 Records of the Cape Colony,
unjust and extraordinary refusal. I may however state to
your Lordship, that this same Mr. Bridekirk was actually fur-
nished by the colonial government with the means, by a loan
from the bank, of purchasing those materials ; and I have
reason to believe that ten years are allowed him to liquidate the
debt. The setting up of this individual was, in my opinion, a
mere blind, to prevent persons from signing the memorial for a
free press.
I again memorialized the Governor in Council, (copy of
which is annexed,) in which I expressed my surprise and dis-
satisfaction at the answer I had received to my first memorial,
and presented a view of my case, which I considered unanswer-
able, and which turned out to be so ; as in the reply to my
memorial, (copy of which is annexed), I am simply informed,
that his Excellency will forward it to your Lordship by an
early opportunity.
Had the Grovernor been willing to obey your Lordship's
instructions, it was, I conceive, a very easy matter. The
materials might have been redeemed from Mr. Bridekirk, and
the sum which he had paid for them returned to him ; in
which case he would have had the gratuitous use of them for
thirteen months, and capital in his hands to embark in a fair
and honourable way in the purchase of other printing materials.
I suggested, in conversation, this method to Sir R. Flasket ;
but he urged th^ utter inability of the colonial government
either to restore them, under any circumstances, or to offer m:
any equivalent.
It is unnecessary I should inform your Lordship, that my
not obtaining possession of those printing materials will be
attended with the most serious pecuniary inconvenience to
me ; and I shall be under the necessity of applying yet further
to my friends, upon whose assistance I cannot, nor have I any
right confidently to reckon, to become answerable for the cost
of such printing materials as are indispensable in the pursuit
of my general business as a printer. I enclose a list of the
materials which I shall require ; and should your Lordship
think proper to cause me to be furnished with them, I beg that
it may be intimated, with as little delay as possible, to my
brother, Mr. WilUam Greig, 32, City-road, London, to whom
I have written upon the subject, and who will be able to attend
Records of the Cape Colony, 19
to their purchase or shipment, &c. I must also suffer con-
siderable loss in the interim ; and as my losses have already
been immense, I appeal first to your Lordship, with unshaken
confidence, to know how I am to be redressed ; how I am to
be remunerated ; and whether an innocent British subject is
for ever to be traversing the Atlantic, to complain of reiterated
injuries on the part of a colonial and subordinate government ?
I consider the facts of this case so clear and simple as to
render it unnecessary for me to offer any further remarks upon
them. I therefore conclude this letter, by expressing a firm
conviction, that your Lordship will enforce a becoming
obedience to the grave instructions of one of His Majesty's
principal Secretaries of State ; especially when, upon the faiih
of those instructions, I was induced to return with my family
to this colony.
Your Lordship's early consideration of this case is soUcited
by, my Lord,
Your Lordship's obedient servant,
(Signed) George Greig,
[Enclosure 1 in the above.]
List of Printing Materials of which I stand in immediate need,
in order to enable me fully to carry on the business of a
printer.
(List omitted.— G. M. T.)
The value of the above I estimate at about £320 or £350 ;
€uid my reason for enumerating them technically is to afford
your Lordship an opportunity, should you think it proper, of
ascertaining that those articles are essential to a printing
establishment.
(Signed) George Greig.
[Enclosure 2 in the above.]
Colonial Office, April 6, 1825.
Sir, — I beg to put upon paper the precise point to which I
wish to draw Mr. Horton's attention. Will the instructions
relative to the restitution of my printing apparatus, &c. be so
c 2
20 Records of the Cape Colony,
imperative as to preclude the possibility of any evasion or
delay on the part of the Grovemor in Council ?
My object in making this inquiry is, to ascertain whether it
will be necessary for me to incur any expense here, to obviate
the consequences of a possible evasion of those instructions.
I am, &c.
(Signed) Geo. Greig.
Mr. Bailey, &c. &c. &c.
Mr. Bailey having submitted my note to Mr. Wilmot Horton,
returned, and said that Mr. Horton could not give me an official
answer to my inquiry, as it was a hypothetical case ; his private
opinion however was, that nothing was more improbable than
such a circumstance.
Geo. Greig.
[The above is the substance of the memorandum I made on
the spot, and immediately after Mr. Bailey withdrew.]
[Enclosure 3 in the above.]
Copy of Memorial presented to His Excellency, August 15, 1825.
To His Excellency the Governor in Council of the Cape of Good
Hope, &c. &c. &c.
The Memorial of George Greig Showeth,
That your MemoriaUst, previous to his leaving England in
May last, received directions from Lord Bathurst to request
from your Excellency the restoration, as far as might be
practicable, of the printing materials which were purchased
from your Memorialist by the colonial government in July 1824.
That yoiur MemoriaKst is ready to conform to the arrange-
ment made by Lord Bathurst, for the repayment of the
purchase money for the said materials. Yoiur Memorialist
therefore prays, that your Excellency will be pleased to give
directions that the said materials may be now given over to
your Memorialist on the said conditions.
And yoiur MemoriaUst wiQ ever pray, &c.
(Signed) George Greig:
Cape Town, August 15, 1826.
Records of the Cape Colony, 21
[Enclosure 4 in^the above.]
Reply :
CoLONiAii Office, AugtLst 16, 1823.
Sir, — I have submitted to his Excellency the Governor the
Memorial you addressed to him under yesterday's date, stating
that you had received directions from Earl Bathurst to request
from his Excellency the restoration, as far as might be prac-
ticable, of the printing materials which were purchased from
you by this government in July 1824 ; and I am directed by
his Excellency to inform you that the restoration of them to
you is not practicable, as they were sold to Mr. Wm. Bridekirk
on the SQth July 1824, and his Excellency has it not in his
power to cancel that engagement. A communication to this
effect was made by his Excellency to Earl Bathurst some time
since. I have &c.
(Signed) Rtchd. Flasket, Secy, to Govt.
Mr. George Greig.
[Enclosure 5 in the above.J
To His Excellency, &c. &c. &c.
The Memorial, &c. Showeth,
That your MemoriaUst on the 15th August, presented to his
Excellency the Governor in Council of the Cape of Good Hope
the following Memorial. (See Memorial.)
To which your MemoriaUst received the following reply.
(See Beply.)
The tenor of the above reply being extremely surprising and
unsatisfactory to your Memorialist, he therefore begs leave to
present to his Excellency the (Jovernor in Council the following
view of his case :
Your Memorialist's printing materials were sealed up by the
colonial government in June 1824.
On the employment of these printing materials your Memo-
rialist depended for his Uvelihood.
After they were sealed up your Memorialist could no longer
22 Becords of the Cape Colony.
derive emolument from them, nor from his skill and industry
as a printer ; neither could your Memorialist sell them or
mortgage them, until " His Majesty's pleasure " should be
made known to jdm respecting their final disposal.
Your Memorialist had therefore no alternative but either to
allow them, constituting the whole of his effective capital, to
remain locked up and useless for so indefinite a period of time,
or to offer them for a certain sum of money to the colonial
government, by whom they had thus been taken possession of.
When the colonial government, as an act of favour on its
part, offered to your MemoriaUst a sum of money equal to
their awarded value, your Memorialist did not imagine that
the colonial government would immediately speculate upon
them by bringing them to market, but that they would remain
as they then were — that is sealed up and safe from his rivals
in trade, who might wish to gain possession of them, they
being the finest materials of the kind that had at any time
reached the colony — until such time as His Majesty's pleasure
was known, according to the wording of the warrant by virtue
of which they had been seized.
In order to learn the determination of His Majesty's Govern-
ment on this subject as soon as possible, your MemoriaUst
went himself at a great expense to the seat of the said Grovern-
ment, that his time and means might not be consumed in idle
expectation and uncertainty ; and was informed by His
Majesty's own minister, Earl Bathurst, that these same printing
materials, namely the types so seized, should be restored to
him, and also the other materials, namely printing paper, ink,
&c. as far as should be practicable, by the colonial government.
Your Memorialist was informed by R. W. Horton, Esquire,
under secretary of the colonial department, of which Lord
Bathurst is principal secretary, that the phrase, " so far as
might be practicable," referred to the printing paper and ink,
which were in daily consumption ; and that the types would
without doubt be restored, and a deduction made for " wear
and tear," during your Memorialist's absence from the colony.
Relying fully on this arrangement of Earl Bathurst, and on
the explanation of R. W. Horton, Esquire, your Memorialist
agreed to drop all further proceedings for the recovery of
damages in his case, this being by Lord Bathurst made a part
J
>
Records of the Cape Colony. 23
of the arrangement ; and thus your Memorialist conceived the
transaction concluded and finally settled. Your Memorialist
hereupon returned to the colony of the Cape of Grood Hope,
and presented a Memorial to his Excellency in Council,* stating
the terms on which Lord Bathurst had authorized him to
request from the colonial government the restitution of the
said printing materials, and praying for the restitution accord-
ingly.
But found by answer to the said memorial, that the restora-
tion of the said printing materials was deemed by the colonial
government not practicable in any degree.
Because the said printing materials had been sold by the
colonial government to Mr. W. Bridekirk, on the 22nd day
after your Memorialist had left the colony, for the purpose of
seeking redress from His Majesty's Government at home, and
on the 23rd day after the arrangement respecting them had
been made between the colonial government and himself.
And the said Mr. W. Bridekirk had by means of the said
printing materials possessed himself of the ground which
belonged to your MemoriaUst, and had commenced and carried
on the printing of a newspaper in the colony, in which he
states that he "is pledged to nobody but himself " respecting
the nature of its contents.
Your Memoriahst also observed, that the said newspaper,
printed with the said materials by the said Mr. W. Bridekirk,
contained matter, from the insertion of which your MemoriaUst
was officially informed by His Majesty's fiscal that he was
prohibited, under a penalty of 10,000 rixdollars.
Your MemoriaUst therefore feels himself aggrieved, and put
to a very serious pecuniary inconvenience ; and humbly prays
that his ExceUency in Council wiU be pleased to take these
premises into consideration, and grant him such redress as
may be suitable to the tenor of the said premises, and the
instructions of Earl Bathurst, upon the faith of which, as before
stated, your Memorialist returned to the colony ; and your
MemoriaUst wiU ever pray, &c.
(Signed) George Greig.
¥
24 h^r. '* : ' r. - y C « Cy
^Tistcl-'j^ure ^ in the above.^
F^-orrh Rep?y-
CoLOSiit Omci:. Jii.7icaif ^r»d^ 1835.
Sib, — I hare sabmittcd to his Excellency the Governor your
memorial under date the 2Cith inst. and I am directed by his
ExeellencT to acquaint yon that he will forward it by the first
opportunity to Earl Bathurst, one of His Majesty's principal
secretaries of state. I have. kc.
(Signed) R. Plasket. Secretary to Government.
Mr. G. Greig.
[Original.]
Letter from Lobd Charles Somerset to Earl Bathijrst.
Cape of Good Hope, 27 August lS2o.
My Lord, — Having already expressed to Your Lordship my
conviction (from Information gathered here) that William
Edwards transported from this Colony to New South Wales in
1824 by Sentence of the Court of Justice was a Convict who
had unlawfully escaped from New South Wales, I do myself
the honor to transmit to Your Lordship copy of a letter from
Major Ovens, Private Secretary to the Governor of New South
Wales, transmitting to me (in the absence of the Governor) a
certificate under the Hand of Mr. Hutchinson (late principal
Superintendant at Sydney) that William Edwards was recog-
nized on his arrival there in the Minerva as the Convict for
life Alexander Lockaye, that he arrived in that Settlement per
ship Atlas in October 1819 and was advertised in the Sydney
Oazette as a Runaway on the 8th December 1821. I have, &c.
(Signed) Charles Henry Somerset.
[Enclosure in the above.]
SiR» — In the absence of His Excellency the Governor, I do
myself the honor to forward a hasty Statement made by the
Individual who lately held the Situation of Superintendant
Records of the Cape Colony. 25
over the convicts in this Colony of the Character of Edwards the
Convict forwarded from the Cape of Grood Hope, by the Minerva,
It will shew he is of the name of Alexander Lockave, was
transported to this Colony for life, and it appears effected his
Escape from hence in a Ship proceeding to Java in 1821. His
Excellency the Grovernor will no doubt avail himseK of the
first opportunity which may offer after his return, to give Lord
Charles Somerset a more detailed account of the Individual in
question, but as the Minerva arrived yesterday and a ship is
just about* to sail for Rio de Janeiro, I think it desirable to
say so much. I have &c.
(Signed) T. Ovens, Private Secretary.
To the Private Secretary
to His Excellency the Governor
of the Cape of Good Hope.
Sydney, November 20, 1824.
To certify of Alexander Lockaye Convict for life per ship
AUas 4th was on arrival, October 1819, sent to Newcastle for
twelve Months by the late Governor Major General Macquarie,
for having preferred false charges against the Surgeon Superin-
tendant and Master of the Ship ; that he was received from
Newcastle with a bad Character on the 26th February 182U
and employed at Head Quarters as an Overseer of light workers,
in consequence of having received a hurt while at the penal
Settlement, but during his said Overseership he abused the
confidence reposed in him, in consequence of which he was
dismissed and put to work in a labouring gang, was subse-
quently assigned as a Government Servant, to the late Thomas
Wylde Esqre., Solicitor, whom it is generally believed, he
robbed and from whose Service he absconded, was advertised
accordingly in the Sydney Gazette as a Runaway on the 8th
December 1821.
(Signed) William Hutchinson,
(Late Principal Superintendent).
Sydney, 20th November 1824.
N.B. This Said Alexander Lockaye appears to have been
the cause of several of the better Class of convicts having been
28 Kecords of the Cape Colony,
sent to this Country, having connected himself with them in
England.
rOffice Copy.]
Letter from Earl Bathurst to the Lord Chamberlain.
Downing Street, 21th August 1825.
My Lord, — The Lord Charles Somerset having represented
that the customary Allojv^ances made to the Grovernors of His
Majesty's Colonies were not issued to him upon his appoint-
ment in 1814 to be Governor and Commander in Chief over
the Settlements at the Cape of Good Hope in Southern Africa,
in consequence of some accidental omission of the regular ap-
plication from this Department, I have to request that your
Lordship will give the necessary orders for the allowances to
be now issued to him which are usually given on such occasions.
I am, &c.
(Signed) Bathurst.
[Office Copy.]
Letter from R. W. Hay, Esqre., to J. Rennie, Esqre.
Downing Street, 27 August 1825.
Sir, — I have laid before Earl Bathurst your communication
of the 6th ultimo in which you state yoinr opinion as to the
practicability of constructing a Breakwater at Cape Town,
and as from the absence of accurate Plans and other necessary
information you have found it impossible to give any decided
opinion on the subject, I am directed by his Lordship to request
that you will prepare a list of such Queries as you may consider
necessary, as to the nature and selection of the Stone to be
used in the Work, the depth of the water, the nature of the
bottom, the prevailing Winds, the breadth of the Bay where
it is proposed to place the Breakwater, and all other matters
on which you may require information, in order that the same
Records of the Cape Colony. 27
may be transmitted to the Governor of the Cape of Good Hope,
to be by him referred to such persons in the Colony as may be
most capable of assisting your enquiries. I am &c.
(Signed) R. W. Hay.
[Original.]
Letter from the Secretary to Government to R. Wilmot
HORTON, ESQRE.
Cafe of Good Hope, ^Ith August 1825.
Sir, — Mr. Shepherd will have the honor of delivering this
Note to you, together with a DupUcate of Lord Charles
Somerset's Despatch under date 6th July last, relative to the
appUcation made by the Settlers in Albany to have their
Families sent out to this Colony at the PubUc Expence.
Mr. Shepherd has been deputed by the Settlers to attend to
their Interests on this subject, and the enclosed Certificate as
to his character, signed by the Principal Heads of Parties of
Settlers in Albany, is transmitted for Earl Bathinrst's infor-
mation. I have &c.
(Signed) Richard Plasket, Secretary to Government.
[Copy.]
License to Mr. George Greig.
By His Excellency the Right Honorable General Lord Charles
Henry Somerset, one of His Majesty's most Honorable
Privy Coimcil, Colonel of His Majesty's First West India
Regiment, Grovernor ^ and Commander in Chief of His
Majesty's Castle, Town, and Settlement of the Cape of
Good Hope, in South Africa, and of the Territories and
Dependencies thereof, and Ordinary and Vice Admiral of
the same. Commander of the Forces, &c., &c.
Licence is hereby granted to Mr. George Greig to print and
publish a Weekly Journal entitled the " South African Com-
28 Records of the Cape Colony,
mercial Advertiser,^^ on condition of his binding himself to bin
Prospectus, a Copy of which is hereunto annexed.
Cape of Grood Hope, 27th August 1825.
By His Excellency's Command.
(Signed) Eichd. Flasket,
Secretary to Government.
[Office Copy.]
Letter from Earl Bathxjrst to Lord Charles Somerset.
Downing Street, London, 29 August 1825.
My Lord,—- Since writing my Dispatch of the 5th Instant,
I have received the Report of the Commissioners on the
Albany District, and as it appears that the Conduct of Mr.
Rivers, as Landdrost of Albany, has been highly reprehensible,
your Excellency will suspend him from any employment, not
only imtil he shall have satisfactorily vindicated himself from
the charge referred to in my former dispatch, but also until he
shall have been enabled to account for the great neglect of
duty, which the enclosed extract from the Report of the
Commissioners has imputed to him.
I will take an early opportunity of addressing a letter to
your Excellency on the general contents of this Report.
I have &c.
(Signed) Bathurst.
[Office Copy.]
Letter from R. W. Hay, Esqre., to Sir Rufane Donkin.
[ Downing Stkeet, 29 August 1825.
Sir, — With reference to the letter which you addressed to
Mr. W. Horton dated the 15th of March last, containing a List
of certain Items of your Public Expenditure at the Cape of GrOod
Hope, whilst Acting Governor there, for which Lord Bathurst's
sanction is necessary to enable the Auditor to pass your
Records of the Cape Colony, 29
accounts : I am directed by his Lordship to acquaint you that
under the circumstances which you have stated in justification
of that expenditure, so far as it relates to Contingencies, his
Lordship is disposed to sanction the charges therein contained,
as well as some of the other Items with which you have been
surcharged by the Auditors. The encrease of the Salaries of
existing Officers, however, and the Establishment of New
Offices, come so clearly within the Instructions to which you
must have had means of access, and with which it must have
been of so much importance to the public that you should have
made yourself thoroughly acquainted, that the circumstance of
your not having been aware of them will hardly furnish a suffi-
cient excuse for your having incurred so many Items of
Expence without obtaining the previous, or at all events the
subsequent sanction of the Government at home. Lord
Bathurst, however, is willing to accept as satisfactory the
explanations which you have offered with regard to many of
them ; but the observations which you have made in answer to
the surcharges of the Auditors with respect to the new appoint-
ments of Secretaries to the Deputy Landdrosts at Clan William
and Cradock, are so little satisfactory that Lord Bathurst regrets
to say that he feels himself precluded from relieving you from
the responsibility which you have incurred with respect to
those appointments, at least until more satisfactory explana-
tions have been aflEorded than you appear at present to have
the means of giving.
As you will no doubt think it necessary, in consequence of
this communication, to endeavour to ascertain with more pre-
cision whether what you apprehend with respect to the two
appointments in question be actually the case, viz. that they
were in fact no new appointments, but created previously to
your assuming the Government, I have the directions of Earl
Bathurst to acquaint you that should you have any particular
reasons for disliking to make those enquiries at the Cape, his
Lordship will most readily undertake to relieve you from any
awkwardness which you might be supposed to feel on that
subject by instituting the necessary enquiries himself.
I have &c.
(Signed) R. W. Hay.
30 Records of. the Cape Colony.
[Copy.]
Letter from the Commissioners of Enquiry to Earl Bathurst.
Cape Town, 2Qih August 1825.
My Lord, — In our dispatch to your Lordship, under date
the 5th ultimo, we had the honour to communicate the result
of our information and opinion relative to the nature of
the obligation contracted by the British government for the
redemption of the paper currency of this Colony, and to the
questions that had been raised in this community upon the
measure of His Majesty's government, for the redemption of
that paper at the rate of Is, 6d, sterling for each paper rix-
dollar.
We have now the honour to transmit to your Lordship a
copy of the Petition to His Majesty, which has been prepared
and is now lying for the signature of the inhabitants, praying
that the Ordinance of the Governor in Council declaring British
silver money a legal tender at the above mentioned rate, may
be repealed.
This copy has been presented to us by the committee who
were appointed to prepare the petition in pursuance of the
resolutions of the two general meetings that were held in Cape
Town in the month of June last.
In the consideration of the arguments that are advanced in
this petition, and of the facts that are referred to in support of
them, we are not aware that it will be necessary for us to offer
any further observations to your Lordship ; nor do we find
reason to alter the opinions that we have already stated in our
late dispatch.
Respecting the progress of the measure for redeeming the
paper currency, we have alScertained that since the publication
of the Ordinance of the 6th of June last, the sum of Three
hundred and eighty-four thousand five hundred and thirty-two
rixdoUars has been received by the commissariat department^
in exchange for bills upon His Majesty's Treasury, to the
amount of £28,000 sterling ; and that although the sum of
£12,000 sterling in British silver money has been circulated in
Cape Town within the same period, the applications of indivi-
duals to the bank for paper currency in exchange for silver.
Becm*ds of the Cape Colony, 31
pursuant to the Government Advertisement of the 28th June
last, have not been numerous, the amount of paper currency
thus reissued not having exceeded Three thousand rixdoUars,
or £225 sterUng. We have &c.
(Signed) John Thomas Bigge,
William M. G. Colebrooke.
[Copy.]
Letter from the Fiscal to the Secretary to Oovernment.
Fiscal's Office, ZOth August 1825.
Sir, — In further reply to your letter of the 17th Instant,
having reference to the complaint preferred by Mrs. Erith of
her inabiUty to provide for herself and Children, to which I had
the honor provisionally to reply on the 19th Instant, I have
the honor to report to you for the information of His Excellency
the Grovemor that the circumstance of her Husband, who
returned to England leaving her behind in such a destitute
situation as she actually appears to be in, added to the infor-
mation which you have afforded me that he is acknowledged
by Government to have a claim of indemnification against
Government for the loss of Cattle taken out of his possession
and inadvertently mixed with some other Cattle that has been
taken from and partly restored to the neighbouring Caffre
Tribes or otherwise lost, seems to entitle her in the absence of
her Husband to such allowance out of the intended indemnifi-
cation as will enable her to provide for the most urgent wants
of herself and children. I have &c.
(Signed) D. Denyssen, Fiscal.
[Original.]
Letter from Mr. George Burder to R. W. Hay, Esqre.
Mission House, Austin Fbiabs, August Slat 1825.
Sir, — As it is the desire of the Directors of the London
Missionary Society to afford the fullest information and to
32 Records of the Cape Colony.
answer every ofiScial inquiry relating to its Missionaries and
their operations, I am instructed by the Directors to add to
the intelligence which I had the honor to communicate to you
in my letter of the 26th instant, for the information of Liord
Bathurst, the following particulars which have been obtained
from the Revd. Mr. Latrobe on the subject of the collecting
and paying the Opgaaf by the Moravian Missionary at Enon
in South Africa.
" It is true, that our principal missionary at Enon, Brother
Schmitt, has for some time past been in the habit of receiving
from the Hottentots belonging to that settlement, the taxes
required of them by the Colonial Grovernment, viz. — a tax
levied on each individual for his own person, another for his
cattle, at so much a head, a third for the waggons in his
possession.
This sum he pays over, into the hands of the Landdrost, or
the proper officer at Uitenhage at stated times, together with
that dub from the missionaries themselves, who must con-
tribute exactly in the same proportion. This service was
undertaken voluntarily by Brother Schmitt, for reasons, which
I shall afterwards specify, and has been discharged by him
with the consent of the Landdrost, though without any direct
commission from him ; and as far as I can understand, without
any of that responsibility which would attach to him were he
to become surety for each individual. I need hardly add, that
this voluntary labor neither invests him with the authority
and influence, nor procures for him the remuneration due to an
officer of Government.
Having now given you a candid statement of the facts
connected with your inquiry, I beg to add a few words in
explanation of the reasons, which have induced our missionary
to submit to a kind of labor, which is by no means agreeable,
and which may appear to some rather foreign to the character
and occupation of a minister of the Gospel.
It had its origin in an application, made in course to our
missionaries, by the Landdrost, for a return of the number of
inhabitants, belonging to Enon, and the amount of property-^,
liable to taxation.
The generality of the Hottentots being unable to write, it
was natural for their teachers to come to their assistance.
\
Records of the Cape Colony, 33
Besides as an exemption was made, in favor of such as were-
disabled by the infirmities of age, by sickness or extreme
poverty, from paying these duties, it seemed particularly
desirable that the missionaries should assist in making the
return. Their own anxiety to obviate any further diflSculty,
and prevent the evasion of the demands of Government by
degrees suggested the idea, upon which it appears Brother
Schmitt has subsequently acted ; they took upon themselves
the labor of collection, for which indeed their daily intercourse
with the Hottentots aflEorded every facility. Two other very
important reasons are however likewise asigned for this
proceeding : —
First, the loss of time, incurred by the Hottentots, during a
journey from Enon to Uitenhage, a distance of 30 miles, for
the purpose of making their individual payments ; this alone
constituting a tax, more burdensome in its nature and actual
consequences, than those nominally laid upon them.
Secondly, — and this reason will, I am convinced, have its
due weight with all, who sincerely wish for the moral improve-
ment of the Hottentot race, the temptations which our people
could scarcely fail to meet with on these expeditions, and the
consequences of which, particularly at Groenekloof, the mis-
sionaries have had so frequently occasion to deplore. To
preserve them from the contamination of vicious company,
and the excesses, or even the fooUsh expenditure into which
they may so easily be led, has appeared to our Brethren an
object worthy of some personal sacrifices. And this I solemnly
J^lieve, is the sole motive, which has actuated them in sub-
mitting to the above-mentioned arrangements. I may add,
that it has not been adopted, either at Gnadenthal or Groene-
kloof."
On the foregoing statement I am instructed to remark, that
it affords additional proof of the dissimilarity of circumstances
under which the missionary at Enon collects the Opgaaf and
the missionary at Bethelsdorp has been officially required to
perform a similar duty. In the former case it has been a
perfectly voluntary service which the missionary has under-
taken, which his daily intercourse with the Hottentots affords
every facility for discharging, and which has been deemed to
be conducive to their personal convenience and their moral
XXIII. D
34 Becords of tlie Cape Colony,
safety. And further, that this duty has not been connected
with any direct commission from the Landdrost, nor with any
responsibility for individual payment.
In the instance of the Missionary at Bethelsdorp the Directors
think Tiord Bathurst will not fail to perceive, that the duty of
collecting and paying the Opgaaf for the Hottentots of that
Institution has been attempted to be forced upon Mr. Kitching-
man, notwithstanding the reasons and remonstrances which
have been respectfully submitted to the Colonial Grovernment ;
which include strong and serious objections to the personal
responsibility which was intended to be imposed upon him,
although he has no control over those from whom the tax was
to be collected, and also a most firm persuasion that a due and
satisfactory performance of the required duty is quite incom-
patible with the fulfilment of his appropriate and most impor-
tant services as a Christian Minister and a successful missionary.
The Directors, Sir, most respectfully request that you will
submit this communication to Lord Bathurst an4 also their
earnest entreaties that his Lordship will give it the considera-
tion, the countenance and the support which its verity and its
high importance shall be deemed to deserve. I have &c.
(Signed) Geo. Burder, Secretary.
[Office Copy.]
Letter from Earl Bathurst to Lord Charles Somerset.
Downing Street, London, lat September 1825.
My Lord, — The House of Commons having presented an
Address to His Majesty praying that he would be graciously
pleased to order certain information to be laid before them
relative to the population of the Colony under your Excellency's
Government, I am to desire that you will transmit to me
" A Return of the number of Slaves imported under licence
or otherwise, from 1st of January 1821 to the period of making
the returns, specifying the date of the importation, the sex of
the Slaves, the places from which they were brought, with the
names of the Venders, Purchasers, Exporters and Consignees ; '^
Becords of the Cape Cohny, 35
" A similar Return of the Slaves exported during the same
period, and of the places for which they were cleared out ; "
" A Return of the number of Manumissions effected by-
purchase, bequest, or otherwise, from the 1st of January 1821
to the period of making the R.etums, specifying the date of
each manumission, the Sex and age of the person manumitted,
the price paid for the Slave's redemption, and at whose expence
the same was effected, with a statement of the amount of the
Tax or Fine, and also of the fees of every kind on each Manu-
mission : "
cc
Of the number of Marriages legally solemnized between
Slaves from the 1st of January 1821, to the period of the
Retimi, specifying the date of the marriage, the name and
designation of the officiating Clergyman, the fees of every kind
paid upon it, and whether it was by banns or otherwise ; "
" A Copy of any Law by which the marriage of Slaves is
authorised and sanctioned and their connubial rights recognised
and secured, and by which the separation of Husband and
Wife or of Parents and Children by Sale or otherwise is ren-
dered unlawful ; "
" A return of all persons committed to Gaols, Cages or
Workhouses, as runaways or apprehended deserters, but who
claimed to be free persons, from 1st of January 1821 to the
period of making the Returns, stating the dates of Committg-l
and discharge ; with an account of the proceedings had for
verifying the claim of freedom, the decision upon it, and the
final disposal of such persons ; "
" Of the number and names of Slaves escheated to the
Crown from the 1st of January 1821 to the period of making
the Return, specifying the nature and date of the transaction,
the sex and age of the Slaves, and their Relation to each other,
how they have been disposed of, and if sold, the manner and
proceeds of their Sale, with the names of their purchasers and
the price of each Lot ; "
" Of the number and names of Slaves taken and sold in
Execution for debt, from 1st of January 1821, to the period of
making the Return, specif jdng the date of seizure and of Sale,
the names of the Owners, the sex and age of the Slaves and
their relation to each other, the lots in which, and the prices
at which, they were sold, and the names of their purchasers ; "
D 2
3^ Riirorfts of (lu Cape OjUmy.
^' A similar Retam of Slaves levied npon and sold for Taxes
during the same period ; "
'" A Return of the Slave population in each year as far as
the same can be ascertained from the 1st of January 1821 to
the period of the Return, distinguishing the Sexes with the
number of Births and Deaths in each year ; "
*'A similar Return of the free black and coloured Popu-
lation ; "
" A Return of the Sums raised for the support of the Poor
from 1st of January 1821 to the period of the Return, distin-
guishing each year and specifying the rate and mode of its
being made ; "
*' A Return of the number and names of the persons who
have received relief from the fund so raised for the support of
the Poor, 8pecif3nng their residence, sex and age and the
amount of Relief and whether casual or permanent, given to
each, and distinguishing the white, free black, and free coloured
Paupers, and also the Slaves ; "
And I have to desire that your Excellency will transmit
these Returns with as little delay as possible, in order that
they may be presented at the commencement of the next
SeHsion of Parliament. I have &c.
(Signed) Bathurst.
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst.
Cape op Good Hope, Ist September 1825.
My Lord, — In consequence of the very dilapidated state of
the Building in the Government Gardens adjoining the public
offices in Cape Town which had been used by my Predecessors *
as a Residence for some of the Officers of the Governor's Staff,
I was induced in the year 1822 to direct a thorough repair to
be made, and as the dUapidations were of a nature that did not
admit of Delay I caused them to be undertaken immediately ^
and I have abundant apology to make to Your Lordship for
Records of the Cape Colony, 37
having omitted to report the necessity of this measure at the
time and to soUcit Your Lordship's authority for the Expence.
I have only to state in Extenuation of this omission that there
did not happen to be any opportunity of writing to England
at the moment, and the subject not having been brought to my
recollection by the Secretary to Government, it escaped my
memory (amidst the multipUcity of my pressing business) that
it had not been done.
The Expences of these Repairs were from time to time
defrayed (as the work proceeded) by temporary warrants, the
whole accounts however having now been brought before me
by the Auditor General and it being necessary that the tem-
porary warrants should be redeemed and a general warrant
issued for the total Expence, amounting to Fifteen Thousand
Four Hundred and Twenty Eight Rixdollars and One Stiver,
I have to crave Your Lordship's authority thereto and that
Your Lordship will be pleased to cause Your sanction thereof
to be notified to the Colonial Audit Office.
I am happy to say that the Building being in an available
state has proved most fortunate, as it has enabled me to make
a very considerable saving of additional accommodation for
the pubUc Departments beyond what the pubUc office can
afford (which has become indispensable) and also a Council
Room and Council Office, to which this Building has been
appropriated since the EstabUshment of the Council.
The accommodation thus afforded could not have been pro-
cured (without reference to the convenience of situation) imder
Two Thousand Four Hundred Rixdollars or One Hundred and
Eighty Pounds Sterling a year, whilst the Interest at Six per
Cent of the Sums expended does not amount to more than
Nine Hundred and Twenty Five Rixdollars Five Skillings and
Three Stivers or Sixty Nine Pounds Eight ShiUings and Six-
pence SterUng per annum. I have &c.
(Signed) Charles Henry Somerset.
38 Becrnds of the Cape Colony.
[Office Copy.]
Letter from Eabl Bathurst to Lord Charles Somerset.
Downing Street, London, 2nd September 1825.
My Lord, — I have the honor to acknowledge the receipt of
your Lordship's dispatch No. 162 of the 27th April reporting
the amount which has accrued to the Grovemment by the dis-
posal of certain Lots of Ground for building at the newly esta-
blished Drostdy of Somerset, and the interest applicable
annually towards the expences of the district. Having in my
dispatch of the 20th Ultimo communicated to your Lordship
my opinion on the measures you proposed to adopt with a
view to the formation of a Drostdy at Somerset, it only remains
for me in reply to your present dispatch to express my hope
that your Lordship may not be disappointed in the favorable
results which you have anticipated from those sales and from
the other details connected with the new Establishment.
I have &c.
(Signed) Bathurst.
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst.
Cape of Good Hofe, 2nd September 1825.
My Lord, — I have the honor to soUcit Your Lordship's
approval of the purchase I have made in Graham's Town of a
Lot of ground for the Sum of Four Thousand Eight Hundred
and Seventy Six Rixdollars, with the view of attaching the
same to the Parsonage in the shape of Glebe Land, in concur-
rence with Your Lordship's suggestion as signified to me some
time ago, upon which the Incumbent will have to pay Interest
at the fixed rate. This purchase was eflEected to allay in some
measure the irritabihty excited in the mind of Mr. Geary by
the inconvenience to which he was exposed from his unruly
Neighboiurs, and it was urged by the Commissioners of Inqiiiry,
Records of the Cape Colony. 39
whom I consulted upon the subject, as Your Lordship will
perceive by the enclosed Correspondence that passed between
these Grentlemen and myself on the occasion. I have &c.
(Signed) Chables Henry Somerset.
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst.
Cafe of Good Hope, 2,nd September 1825.
My Lord, — Having referred to the Orphan Chamber at this
Place Your Lordship's Dispatch under date the 13th April last
covering a Note addressed to you by the Bavarian Charge
d'Aflfaires making enquiry relative to two Brothers John and
Gabriel Exter, I have the honor to transmit to Your Lordship
a Copy of the Board's Report thereon containing the infor-
mation required. I have &c.
(Signed) Charles Henry Somerset,
[Copy.]
Letter from the Orplian Chamber to Lord Charles Somerset.
Orphan Chamber, September 2, 1825.
My Lord, — The President and Members of the Orphan
Board of this Colony, who have solemnly sworn, on assuming
their offices, faithfully to represent, and to the best of their
power to promote the interests of widows, orphans, and
foreigners, whose estates, inheritances, or affairs might be
entrusted to their care or administration, have deemed it their
duty, on the promulgation of the Ordinance of your Excellency
in Council, No. 2, dated 6 June last, by which English silver
money is fixed as a legal tender in payment of the debts due
to the inhabitants and to Grovernment, at the rate of Is. 6d!.
for each paper rixdoUar, — a measure that has filled with
dismay the minds of the greatest and most respectable part of
40 lUcortL^ of the Cape Colon if.
the inhabitants of this settlement, — to direct an inquiry to be
instituted, in how far and to what extent the operation of the
said Ordinance is liable to prejudice the administration of the
Board itself, and those whose property and moral educatioD
have been entrusted to the care and protection of the Board ;
for which purpose two members of the Board, assisted by the
book-keeper, have been commissioned to repoit upon the case.
The President and Members having received and carefully
examined the said report, cannot but agree with their com-
missioners ; and most humbly beg to submit to your Excellency
as regards the immediate effects of the above Ordinance, that
if a proper distinction be made (which every one conversant
with the circumstances of this colony is bound to do) between
the fluctuating course of a foreign exchange, and the value of
the circulating medium in colonial deaUngs not connected with
foreign trade, whether that circulating medium be gold, silver,
copper or paper, the foreign exchange only affecting the
merchant or tradesman, whereas the value of the circulating
medium, if metallic, is regulated by the value in bullion, and
if paper currency, by the existing security for its ultimate
redemption, a distinction of which the precise or inaccurate
determination is inseparably connected with and acts upon
the prosperity or misfortune of every individual, be he rich or
poor, high or low ; and if it be considered, in addition, that the
paper currency actually in circulation is abundantly secured,
not only by the guarantee of government, but for the greater
part also by the mortgages on the real property of the inhabi-
tants of this colony, and that this currency has from the
beginning to the last been received at 48 Dutch stivers, or
English pence, by the inhabitants of this colony confiding in
the various assurances and proclamations given and issued by
the successive commanders in chief, in the name and on the
authority of their respective Sovereigns in Europe ; — we must
candidly confess, if due attention be paid to these considerations,
that by the operation of the above recited Ordinance, No. 2,
those interested in the capital of the Orphan Chamber, amount-
ing on the 31st December 1824 to rixdoUars 2,766,531 1, amongst
whom are upwards of 2,000 orphans, who, not being capable
of managing their own affairs, have been entrusted to the
protection of the Orphan Chamber, besides a number of persons
Records of the Cape Colonij, 41
residing abroad, either in Great Britain, or subjects of foreign
Powers, and whose respective interests have also, by their
deceased parents or relatives, been confided to the Board of
Orphan Masters ; that all these, in common with the pubUc^.
will suffer a loss of 62 J per cent, or five eighths of their just and
lawful property, and that no more than 37J per cent, or three
eighths, will be reserved for them.
The result of this sudden reduction in property will naturally
be, that the rich, whose possessions amount to more than all
the money in circulation, and who in the first instance suffer
by the depreciation, will exert their endeavours to cover that
loss by other means. They will probably commence to raise
by five-eighths the rent of the houses which the poor have taken
on lease, gradually call in their capitals, and not suffer mort-
gages to remain on interest on the sale of immoveable property :
so that the measure, strictly taken, will prejudice those chiefly
who at the present moment can scarcely support themselves
and their famiUes. In the mean time it is this comparatively
poor proportion of the community, who support and educate,
the destitute orphans, who scarcely possess 30, 40 or 50 Rds.
in interest annually, and constitute the greater part of the
number in charge of the Orphan Chamber. It cannot be
expected that such persons, who are already necessitous and
are Ukely to become more so, will continue to shelter these
poor orphans, when they will have to receive only three-
eighths of that which they formerly enjoyed, and to pay five-
eighths more for house-rent, — no ; they will be necessitated to
forego the protection which they have hitherto afforded : all
which cannot but be extremely injurious to these orphans.
With no prospect of finding a refuge in future, they will incur.
the hazard of being deprived altogether of support and educa-
tion ; so that the direful consequences of such a diminution of
the value of the circulating medium, and of the relative value
of the lawful property of individuals, will become incalculable
even to future orphans.
The prospects of the Orphan House, founded out of private
funds, and of which the resources are as yet not sufficient to
support 14 orphans, will be no less baulked by the Ordinance
in question. The Orphan Chamber, seeing that in proportion
as the population increased, the number of orphans ^vill become
42 Records of the Cape Colcfty*
greater, had long formed the benevolent intention to submit to
your Excellency the expediency of appropriating the surplus
of their revenues to the maintenance and extension of that
highly useful institution, whenever the private funds of the
Chamber had accumulated in the measure they deemed fitting
to guarantee its administration ; but if this Ordinance be
carried into eflfect, these prospects can never be realized.
The private funds of the Orphan Chamber (which are con-
sidered as security for all monies placed under its administration,
and which indeed increases the confidence of the pubUc in the
transactions of the Board) will have received a shock, which
would reduce the same to the state in which it was 13 years
ago. Independent of which, the responsibiUty of the members
of the Board has been rendered by the Ordinance equally as
great as it was at the period to which we have alluded.
The President and Members confine themselves to their
bounden duty in representing and defending the interests of
those who are not capable of undertaking this themselves ;
and they cannot help cherishing a humble belief that the evil
which now threatens them has not been resorted to by His
Majesty's government with a knowledge of its injurious bearings,
but solely from want of local information and under the most
hberal impression. But as the fate and happiness of thousands
of innocent children intrusted to their care will be affected by
the measure, the president and members consider that they
should never be justified in their own conscience, nay even by
His Majesty's government, if they did not with due respect
submit their remonstrances upon the occasion.
They therefore humbly hope your Excellency will be pleased
tb consider this address as proceeding from a Board by which
a capital is administered nearly equal to the whole paper
currency now in circulation, and for the faithful and impartial
administration of which they are responsible to the local
government, to the pubUc, and to thousands of individuals
both here and in Great Britain, and in other parts of the world ;
and have been held so by the Government from the earUest
times. Under such circumstances the President and Members
esteem it of the utmost importance, not only respectfully to
recommend this subject to your Lordship's attentive considera-
tion, as affecting so materially the interests of the poorer class of
Rewrds of the Cape Colony. 43
orphans, convinced as they are that your Excellency will concur
with them in judging these grievances to be of essential import
to the colony, but also humbly to request that your Excellency
maybe pleased to lay this memorial at the feet of His Majesty,
and entreat that such alterations may be made in the above
Ordinance as His Majesty shall consider just and reasonable for
the interests and happiness of the orphans in this colony.
We have the honour to be, with the most profound
respect, &c.
(Signed) J. A. Truter,
A. V. Bergh,
G. E. Ornotjte,(?)
J. F. MXTNNIK,
D. KuYS,
J. HORNE,
J. J. L. Smuts, Secy.
[Office Copy.]
Letter from R. W. Hay, Esqrb., to the Commissioners
OF Enquiry.
Downing Stbbbt, London, 3rd September 1825.
Gentlemen, — I am directed by Earl Bathurst to transmit
to you the copy of a letter together with its Enclosure which
has been received from Lieutenant White, complaining of
various acts towards him on the part of the local Government
of the Cape of Good Hope.
As these complaints have been already brought under your
notice, his Lordship has directed me to acquaint you that it
would be very desirable to have your Report upon the case of
this Individual, as soon as circumstances will allow. I have &c.
(Signed) R. W. Hay.
44 lifcorih of tin- Cape Colony.
[OflHce Copy.]
Letter from Earl Bathurst to Lord Charles Somerset.
Dowsiso Street, London, 4(ft Septetnber 182o.
Mv Lord, — The Commissioners of Colonial Audit having
found it neceaaary to apply for my sanction of certain expen-
diture incurred by Sir Bufane Donkin during his Administra-
tion of tlie Government of the Cape of Good Hope from the
14th of January 1820 to the 30th of November 1821, I have
considered it expedient to authorize a variety of payments
which they have submitted to me. In the hst of new appoint-
ments, however, there are those of Mr. " Schonnberg," Secretary
to the Deputy Landdrost at Clanwilham, with a Salary of
Rds. 1000 per annum, and of Mr, C, B, Ziervogel, Secretary
to the Deputy Landdrost at Cradock, with a Salary of 1000
Rix Dollars per annum ; and it will be necessary previous to
their receiving my sanction that I should be informed whether
in fact, these were new appointments, during his Government,
and if so, under what circumstances it may have been judged
necessary at the time to have created them. Sir Rufane
Donkin, to whom the subject has been referred, having ex-
pressed his inability to explain satisfactorily the ciroumBtances
which made these appointments necessary, without a reference
to the Colony, I have to desire that you will cause the necessary
enquiries to be made on the subject, in order that I may be
enabled to judge of the expediency of sanctioning these two
appointments. I have &c.
(Signed) Bathurst.
[Original.]
Letter from Lobd Charles Sojierset to Eari, Bathurst.
C.iPE OF Good Hope, 4 September 1825.
My Lord, — With reference to the Dispatch I had the honor
to address to Your Lordship on the 8th June last. No. 177, I
"beg leave to correct the Statement which I made as to the
Records of the Cape Colony. 45
probable Expence that would be incurred in the construction
of an additional Schooner for the Kowie Service, it now appear-
ing that a further Sum of Four Thousand Two Hundred and
Thirty Four Rixdollars One Skilling and Three Stivers or Three
Hundred and Seventeen Pounds Eleven Shillings and Four
Pence SterUng is required for the equipment of the Vessel in
question, to which I therefore soUcit Your Lordship's sanction,
and I trust Your Lordship will do me the favor to communicate
Your approval of this Item to the Colonial Audit Ofl&ce.
I have &c.
(Signed) Charles Henry Somerset.
. [Office Copy.]
Letter from Earl Bathurst to Lord Charles Somerset.
Downing Street, London, bth September 1825.
My Lord, — I have the honor to transmit to you enclosed
copy of a letter which I have directed to be addressed to the
Agent for the Cape of Good Hope relative to the course to be
pursued in answering applications from Individuals in this
Country respecting persons resident in the Colonies ; and I
am to request that in the event of the Colonial Agent finding
it necessary to refer these appUcations to your Excellency, you
will cause such enquiries to be made as may enable him to
furnish the necessary information. I have &c.
(Signed) Bathurst.
[Copy.]
Letter from Sir John Truter to Lord Charles Somerset.
Cape Town, 5^ September 1825.
My Lord, — Upwards of five years ago I took the Uberty of
availing myself of Your Lor(bhip's departure on leave for
England, to explain my personal circumstances and the
1
46 Recw^ds of the Cape Colony^
eventual necessity of withdrawing from public life during your
absence, respectfully requesting Your Lordship might be
pleased to make Your Lordship's Successor acquainted with
your good intention, regarding my eventual retreat, or to
submit my request to the pleasure of His Majesty's Grovern-
ment, with such recommendations as Your Lordship might
deem proper.
Yoiu" Lordship very kindly compUed with my request, and
the result has not only been so far favourable as to enable Your
Lordship to assure me, that you had no doubt, that whenever
I might feel myself compelled to withdraw from the public
Service my request would be taken into favorable considera-
tion, but in addition to this pecuniary prospect, His Majesty
at Your Lordship's recommendation, has been graciously
pleased to confer on me the Honor of Knighthood.
My reason for addressing Your Lordship at that time was
my valetudinary state of health, which then made it very
doubtful, whether I would be able to continue holding my
Situation as Chief Justice during all the time of yoiu* absence.
This state of health not only still subsists, but moreover I feel
a decline of strength, which renders it utterly difficult to con-
tinue performing the duties of my arduous Office with that
degree of energy, which is required for my own satisfaction
and a good conscience.
Under these circumstances I feel it due to His Majesty's
Grovernment, to the PubUc and to myself, to declare that I
feel compelled to withdraw from the PubUc Service, and most
respectfully to request Your Lordship's leave to resign the
Office of Chief Justice, with which I have been entrusted by
His Majesty's Government, and that Your Lordship may be
pleased to fix or recommend such provision for my future
support, as Your Lordship or His Majesty's Government shall
deem meet, considering the nature of my pubUc Services, in
several momentous Situations, during the last six and thirty
years.
Before I conclude I beg leave to offer to Your Lordship my
sincere sense of gratitude for the many marks of approbation,
with which you have honored me, and to assure Your Lordship
that this sense of gratitude shall always be gratified, in shewing
itself, whenever an opportunity offers to promote the good of
\
^
\
\
\
Hecords of the Cape Colony. 47
Your Lordship's administration as well as Your personal
Interest, I have &c.
(Signed) J, A. Truter.
[Copy.]
Letter from Mrs. Ertth to the Secretary to Government.
Cape Town, September 5th 1825.
Sir, — Allow me to express my acknowledgement for your
kindness of Saturday last, by the advance on the Caffre Cattle
(a Subject which has been under the notice of the Colonial
Government since November the 1st 1821) and which I shall
feel in duty bound to transmit to England by the first Mail.
WiUing (altho' hitherto unaccustomed) to provide for my
rising Family, I have forwarded to my Friends in Cape Town
my views of commencing a Preparatory School to meet
expences which I must of necessity incur more than my present
reimbursement.
Should the exertion fail, I shall rest perfectly satisfied that
upon mature consideration the wisdom and goodness of Sir
Richard Flasket will point out the necessity of the additional
expence of Rent. I have &c.
(Signed) Jane Erith.
[Original.]
Letter from Mr. Bishop Burnett to R. W. Hay, Esqre.
Brown's Hotel, Palace Yard, September 5th 1825.
Sir, — Subsequent to my departure from the Cape of Good
Hope Advertisements having been inserted in the Cape Town
Gazette by the Colonial Authorities relative to the disposal
of my property, altho' I am in appeal before the full Court of
Justice in all the causes upon which judgements concerning it
48 Ilf cords of thr Cape Cdoaij.
have been pronounced, it must be manifest that such judge-
ments cannot be followed up Tvith any regard to justice Ti^hile
I am withheld from pursuing my appeal by Earl Bathurst's
authority, and until my petition before the House of Ck>minons
is disposed of.
I have therefore to request that his Lordship will be pleased
to send instructions to the proper authorities at the Cape to
suspend all judicial proceedings against me, or the execution
of judgements resulting therefrom, until the further signi-
fication of his pleasure. I am &;c.
(Signed) B. Burnett.
[Office Copy.]
Letttr from Earl Bathurst to Lord Charles Somerset.
Downing Street, London, Qth September 1825.
My Lord, — I have the honor to acknowledge the receipt of
your Excellency's Dispatch No. 171 dated 28th May 1825,
transmitting the copy of a Memorial addressed to your Excel-
lency by a considerable portion of Settlers, Inhabitants of
the North East part of the District of Albany, praying for the
grant of an annual Stipend for the Wesleyan Minister that
might be appointed to the Chapel established in Albany ; and
I am sorry to acquaint your Lordship that I cannot hold out
any expectation of my acceding to the prayer of the Memorial,
as it would open the door to similar applications from all
other Sectaries which may have established themselves at the
Cape as well as in other Colonial Possessions of the Crown,
which could not be refused if granted in the particular instance
in question. I have &c.
(Signed) Bathurst.
Records of the Cape Colony » 49
[Original.]
Letter from T. P. Courtenay, Esqre., to R. W. Hay, Esqre.
Abingdon Street, llh September 1825.
Sir, — Having received from Lord Charles Somerset direc-
tions to send to the Cape of Good Hope, four genuine merino
rams, for the purpose of keeping up the breed (now degener-
ating) of the merinos which were sent from this Country, some
years since, with the sanction of Earl Bathurst, I have to
request that you will move His Lordship to authorize me to
send out, and pay for the same.
I have, at the recommendation of Sir John Sebright, who
furnished the merinos formerly sent to the Cape, communi-
cated with Mr. Benett of Wiltshire, and he informs me that he
will sell four Bams, the best he has, and deliver them either in
London or Plymouth for twenty five guineas each. I have &c.
(Signed) T. P. Courtenay,
Colonial Agent for the Cape of Good Hope.
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst.
Cape of Good Hope, 8^^ September 1825.
My Lord, — I have the honor to transmit to Your Lordship
Copies of a correspondence which has taken place between the
Government and the Collector of His Majesty's Customs in this
Colony relative to a deficiency of the PubUc Revenue which
was discovered some years since, owing to the misconduct and
peculation of Mr. W. Birkwood one of the Clerks in that office.
It may be necessary to state to Your Lordship that Mr.
Birkwood was prosecuted before the Court of Justice at the
instance of the Collector of Customs in the year 1820, and was
sentenced to render an Account and Vouchers for the deficiency,
which Sentence was affirmed by the Court of Appeals on the
5th of January 1822, but not having compUed therewith, he
was condemned by the Court of Justice on the 5th September
following to Civil Imprisonment.
xxin. e
50 Records of the Cajpe Colony,
With a view to the final arrangement of this long out-
standing Caae, I have to request that Your Lordship would be
good enough to forward the accompanying Documents (should
You deem it expedient to adopt such a mode of proceeding) to
the Lords Commissioners of His Majesty's Treasury, for their
Report and Decision. I have &c.
(Signed) Charles Henry Somerset.
[The enclosures are missing.]
[Copy.]
Letter from Lord Charles Somerset to Sir John Trtjter.
Government House, Cape Town, 8«^ September 1825.
Sir, — I have the honor to acknowledge the receipt of your
letter of the 5th Instant, submitting to me that the declining
state of your health renders it difficult for you to continue in
the performance of the duties of your arduous office with that
degree of Energy which is required conscientiously to satisfy
yourself, and soUciting therefore to withdraw from the public
service ; and that I would be pleased to fix or recommend such
provision for your future support as I, or His Majesty's Govern-
ment may deem meet, considering the nature of your public
Services.
At any other moment than the present I should not hesitate
Sir, to use my earUest endeavours to comply with a request
made from motives so conscientious and honorable, but having
reason to beUeve that it is in the contemplation of His Majesty's
Government to place EngUsh Judges on the Bench here, when
(if not at an earlier Period) the proceedings of the Courts shall
be carried on in the English Language (1st January 1827) it
would certainly obviate many very embarrassing difficulties,
if you could be induced to wave the consideration of your
Health, and continue to fill your arduous Office until that
Period. I make this appeal, Sir, with confidence, because after
an experience of your character and Principles of nearly twelve
years, I am persuaded that the welfare of the Public Service
has always been and will continue to be your primary object.
\
\
Records of the Cape Colony. 51
and although from the declining state of your Health I cannot
reasonably expect a continuance of the great personal exertions
you have hitherto made, yet I feel confident that the very
important duties of your Office would be so far and more ably
performed in your hands during the period alluded to, than in
any other, in which I could place them. I shall feel obliged
by an early answer, as I deem it important that Earl Bathurst
should be made acquainted with your Wish and the state of
your health by the earliest opportunity. I beg to assure you
that I am forcibly impressed with the strong claims your past
Services have upon the liberality of His Majesty's Grovemment,
and I shall not fail to express my sense of them in making
known your wish to retire. I have &c.
(Signed) Charles Henry Somerset.
[Office Copy.]
Leittr from R. W. Hay, Esqre., to J. W. Croker, Esqre.
Downing Street, 8 September 1825.
Sir, — I am directed by Earl Bathurst to request that you
will express to the Lords Commissioners of the Admiralty his
Lordship's desire that in the event of Lord Charles Somerset
availing himself of the permission to come home which has
been granted him by this Department, some meaus may be
found for his conveyance in a ship of War.
This application would have been made by Lord Bathurst
at an earlier period, had he not expected that the ship which
is destined to convey Major General Bourke the Lieutenant
Governor to the Cape would have served for the double purpose
of bringing home Lord Charles Somerset, but as his Lordship
now understands that this arrangement is not practicable, as
the Rainboio*8 ultimate destination is the East Indies, Lord
Bathurst requests that the Lords Commissioners of the
Admiralty will give such directions on this subject as will
enable Lord Charles Somerset to return home without delay,
should he be desirous of so doing. I am &c.
(Signed) R. W. Hay.
E 2
52 Becm^ds of the Ccqjc Colony.
[Office Copy.]
Letter from R. W. Hay; Esqre., to T. P. Courtenay, Esqre.
Downing Street, 8 September 1825.
Sir, — Having laid before Earl Bathurst your letter of the
Tth instant, I am directed to convey to you his Lordship's
authority to provide, pursuant to the requisition of Lord
Charles Somerset four genuine Merino Rams, at a rate not
exceeding Twenty five Guineas each, to be sent to the Cape of
Grood Hope for the purpose of keeping up the breed of Merino
Sheep in that Colony. I am &c.
(Signed) R. W. Hay.
[Office Copy.]
Letter from R. W. Hay, Esqre., to Lieutenant White.
Downing Street, London, 8 September 1825.
Sir, — I am directed by Earl Bathurst to acknowledge, the
receipt of your letter of the 25th June last and to acquaint
you in reply that no Report has been received from the Com-
missioners of Inquiry upon the grievances which you represent
yourself to have suffered at the Cape of Good Hope, but as
soon as the necessary information is received, his Lordship
will come to a decision upon your case. I am &c.
.1 (Signed) R. W. Hay.
[Original.]
Letter from Thomas Pringle, Esqre., to the Commissioners
or Enquiry.
Baviaan's River,
' District of Somerset, September Sth, 1825.
Gentlemen, — ^Although I do not feel myself directly called
upon to come forward, at present, in defence of my case, farther
than regards such points as you inform me have been con-
troverted, yet, as I have reason to befiere frcHn good anthontT
that Lord Chades Somexaet, in rqptjrtng to my aDegatims, has
rested his deirau^ in no sl^hdt degree npon ^ the eiidences of
t he good wiB he had always borne me, and the pardeolar fawomrs
he had confeired upon me and my bmily,'^ I ccmader it due
to myself to meet hk IxHn^h^ pnrnqptty and plainly upon
that ground. I dean this comae the uMxe requisite, because
his Lordship fikewise, in my intenriew with himsdf <m the
subject of the Journal, appeared to lay great stress upon these
all^^ '* ^Tours,'' enumefatii^ his having granted additicMial
lands to myself and idatires, giien enjoyment to myself and
my brother John, pennitted me to open a school at the same
time, Ac, Ac. With these and mwil^y '' faToms ^ he on that
occasion bitteily taunted and iqplxaided me, and has since^ I
am told, on more than one occaaon talked to oth)»s Tcry
loudly of the insdence and rank imgraiihade with which I have
repaid him.
Xow, (jcntlemen, to meet Uiis, I flatly deny, in the first
place, that ^th^* I or any of my *' family '^ have ctct receired
from Lord Charles Somerset any favour whatcTer, on account
of which he has aright to claim my pefsonal or special gratitude.
Whatever additional lands have been obtained f <^ my party
or friends, through my intervention, they were never asked f<^
except through the usual official channels, m^ understood to
be granted on any grounds of private favour to me, but entirely
on the basis of competent claims on the part of those for whom
they were solicited. If his Lordship had other views in con>
f erring those grants, they were utterly unknown to me.
But let us examine those boasted '^fovours^' somewhat
more narrowly ; and first in respect to grants of land :
The general location of our party was enlarged from its
original miserable modicum of 1200 acres to its present extent
*of 4705 morgans, by successive augmentations, all of which
were granted by Sir Ruf ane Donkin, with the exception of a
few hundred acres of pasture land measured in under the
directions of Landdrost Stockenstrom inmiediately after Lord
Charles' return to the Colony. But whatever obligations our
party may owe to the Government for the enlargement of their
location (and these I have always most willingly and gratefully
acknowledged), we never conceived ourselves under any peculiar
54 liccordn of the Ccqte Cidmiij.
or personal obligations, on that account, to Sir Bufane Donkin
in his individual capacity, much less to Lord Charles Somerset,
whose whole merit in the matter just amounted to this, he did
not ruin the party (as doubtless he might have done) by
merely cancelling these grants.
But there were other lands granted to us ? True. When
part of the ceded territory came to be incorporated into the
Cradock district in 1823, I sent in a memorial to the Colonial
Office, praying for a competent grant of land on the Mancazana
River for two more families of my relations whom I expected
out from Scotland. One of these relations (my brother
Alexander) had been recommended to the Colonial Grovernment
(as I understood from Mr. Goulburn) in a letter I brought with
me in 1820. This I mentioned in my memorial to Lord Charles,
and an allotment of 2811 morgen was accordingly granted
(after the usual course of inspection &c.) in behalf of my
brother Alexander and my brother-in-law WiUiam Ainslie.
This grant I now hold for these individuals, having paid all
the expenses of survey, stamps, and other dues, to the amount
of Rds. 400, but I possess not the slightest personal interest in
the property, and merely hold it in charge for my relations,
whose immigration to the Colony various unforeseen circum-
stances have hitherto delayed.
About the same time my brother John, having resigned his
share of the location to my father (whose allotment after all
only now amounts to about 600 morgen), memorialized for a
place in the same glen of the Mancazana, and obtained a grant
of 1468 morgen. Mr. George Rennie and Mr. Sydserflf, heads
of famiUes, belonging to our party, made similar applications
without any communication with me, and without even
resigning any part of their claims on the location, obtained
each grants in extent similar to that of my brother John.
Mr. Bennet (a bankrupt merchant of Graham^s Town), Mr.
R. A. Stretch, and others utterly unconnected with my party,
and who had not even the ordinary claims of Settlers upon
Government, obtained grants of equal value in the same
valley. These are facts which I merely notice to shew how
far I or my " family " were peculiarly favoured in the dis-
tribution of this territory.
But truly. Gentlemen, when I hear of these additional
Records of the Cape Colony. 55
allotments of land being brought forward to prove that I and
my relatives have been the distinguished objects of Lord
Charles Somerset's special grace and bounty, it is difficult for
me wholly to restrain the open expression of my scorn and
derision. Granting that it were actually the fact that my
family had acquired by direct grants from Lord Charles, as
governor every foot of land they possess in the Colony, where
would have arisen his peculiar claim to our excessive gratitude
and devotion on that account ?
Is it then so very mighty a matter for respectable British
farmers, who have left their home and country and all the
comforts of civilized society, and brought their intelligence
and enterprise and capital to improve a savage nook on the
exposed frontier of Cafferland, is it so very extraordinary a
favour, I ask, for such persons to obtain from Lord Charles's
Government allotments of about half the extent usually given
to any ignorant brutal boor who could make interest with his
Landdrost to back his petition ? Have I not seen scores of
such places granted to such persons since I and my party
were first set down upon the wild and parched and narrow
" Location " allotted us ? Do I not see at this moment the
extensive coimtry lately taken from the Caflfers, or at least all
the finest and most valuable part of it, in the act of being
portioned out exclusively among people of this description ?
many of whom were only a few years ago in open rebelUon
against the British Government. And am I then to consider
my relations who had been accustomed to rank among the
first class of Scottish farmers, as really inferior, in the estimation
of Lord Charles Somerset, to the veriest vagabonds and off-
scourings of the Colony, to whom he is at this instant signing
grants of the choicest spots in the ceded territory, to the
extent in some instances of three and four thousand morgeu
each ! Yes ! I know in what we are behind, I and my
relations : we have not been so forward as some of these
*' Cape Agriculturists," as Lieutenant Proctor for instance, or
the unhanged rebels of Baviaan's River and Bruintjes Hoogte,
in getting up lying laudatory addresses to serve the special
purposes of Lord Charles and his son the Lieutenant Colonel.
In that particular we must yield the palm to these " gallant
Burghers and the ninety-one principal landholders of the
56 Records of the Cape Colony,
Cape," led on by William Proctor, Esquire ! What are we
compared with such people ? What but " presumptuous, ill-
affected, radical settlers," who must be better taught our
place at the bottom of Society, tiU we learn " gratitude," and
bless God and the Governor for the never-to-be-forgotten
" favours " which we owe to his Excellency's special bounty !
Gentlemen, excuse me, I cannot controul my heartfelt scorn
and indignation on some points of " Colonial policy," and
this is one of them. But I shall pass from it for the present,
and consider the other " favours " which I and my family
have received from Lord Charles.
He gave my brother John an appointment on the Somerset
Farm, he says. His Lordship mistakes. Mr. Hart was
authorized to engage an assistant acquainted with agriculture ;
he selected my brother as the fittest person he could find ;
Sir Bufane Donkin sanctioned the appointment ; my brother
was found well qualified for what he had undertaken ; he got
a salary of Rds. 700 (about £50 Sterling) per annum ; and
when Lord Charles returned to the Colony he merely did not
turn him off, as he probably would have done had he been a
person of " education." But when that establishment was
broken up, he took his prize apprentice away, because he was
my brother ! That was all the " favour " he received.
But he gave me the appointment of Sub-librarian in the
Government library ? Yes, his Lordship gave that appoint-
ment. He gave it to me in consequence of the recommenda-
tions I brought from Earl Bathurst's office for employment in
the Colony. But it was no sinecure. I did service to the
public for the public money with which I was paid. The salary
too was such as it was impossible for me to subsist on in Cape
Town, and support the rank of a gentleman. I had a family,
and I received Rds. 1000 of salary. I applied in vain for an
augmentation, and I was forced to begin a school. But the
affair of the Press occurred, and I acted " inconsistently " his
Lordship said " with my duty as a public servant." I thought
otherwise, and resigned. A successor was appointed, who
brought recommendations, not from Earl Bathurst, but from
Dr. Thom and Peter Brink. He was a single man, and might
therefore have made a shift to subsist on the Rds. 1000, but
he was expected, I presume, to act more "consistently " with
Records of the Cape Colony. 57
what His Excellency considers "the duty of a public servant,"
for he speedily obtained a considerable increase of the salary
which was thought sufficient for me and my family, even
during the period when his Lordship says I was the object of
his special good will and favour. So much for my appointment.
Gentlemen, in writing to you I see no use in beating about
the bush. Neither is it my nature, were it poUtick to do so.
I must speak out in plain terms. My thorough conviction is
this : had I shown myself disposed to become in any shape a
parasite of power, or capable of prostituting my pen to bolster
up a wretched system of oppression and humhug, to eulogize
through thick and thin Lord Charles and Lieutenant Colonel
Somerset, to belaud, like Wilberforce Bird or Sir John Truter,
the " beneficent administration and consummate wisdom of
this nobleman in the art of Government," and the matchless
" bravery and abihty " of his son in defence of the frontier,
had I been fit for such work, I should have found Uttle difficulty
in retaining his Lordship's " favour " and " good will."
But not only was I found unfit for this sort of work, but I
had even the audacity to imagine (though but a dependant
half starved sub-Ubrarian) that I had still a right to some of
the privileges of a British subject, and this Lord Charles
accounted intolerable presumption and black ingratitude, and
for this alone (for nothing worse can be even alleged against
me) have I been denounced as a disturber of Government, and
(together with my relations) placed under a sort of colonial
proscription.
Such, in my opinion, are the peculiar " favours " which I
and my family owe to His Excellency Lord Charles Somerset.
But, to be done with all this, and admitting for the sake of
argument, that I and my relatives had actually received from
Lord Charles all the peculiar favours he lays claim to, how
would the admission benefit his cause ? Would that circum-
stance justify, or even paUiate, his subsequent ill usage of me ?
Does he indeed imagine that the high office he holds under His
Majesty entitles him to treat His Majesty's subjects like the
slaves of a Turkish province ? to raise them one day by his
*' favour " and ruin them the next by his frown ? to enrich
them by public appointments and pubUc lands, or to "thwart
and oppose whatever they are concerned in," as his caprice
58 Records of the Cape Colony.
or selfish purposes may dictate ? Truly, Gentlemen, if the
home Government permits its functionaries to rule us upon
such principles, we have made but a wretched speculation
in emigrating to South Africa, and might just as well have
settled on the other end of the Continent, under the sway of
Algiers or Morocco !
Gentlemen, I conclude by reiterating my charge against
Lord Charles Somerset. I maintain that he has insulted,
calumniated, and persecuted me, and I claim redress. Part
of my charge I conceive has been already proved. I respect-
fully wait your further communications in regard to the rest.
I have &c.
(Signed) Thos. Pringle.
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst.
Cape of Good Hope, 9 September 1825.
My Lord, — Under the assurance in your Lordship's Despatch
of the 9th July 1823 marked Circular that His Majesty's
Government would not hesitate to apply to Parliament for
such pecuniary grant as might be necessary for the erection of
Schools &c. in this Colony, I did myself the honor on the
31st January 1824 of transmitting to Your Lordship an Esti-
mate of the Expences for erecting these Establishments in the
Country Districts.
Confident in the expectation of receiving Your Lordship's
Commands upon this very important subject at an early period,
I considered that I could not too soon carry into effect the
benevolent Intentions of His Majesty's Government on this
Head, I have the honor therefore to report to Your Lordship
that a School for Slave Children has been completed in Cape
Town at an expence of Five Thousand One Hundred and
Eighty RixdoUars Seven Skillings and Two Stivers or Three
Hundred and Eighty Eight Pounds Eleven Shillings and Four
Pence Sterling, exclusive of the stores supplied by Government
amounting to Two Thousand Two Hundred and Seventy Five
Becords of the Cape Colony. 59
RixdoUars or One Hundred and Seventy Pounds Twelve
Shillings and Six pence Sterling, which has been advanced
from the Colonial Treasury and for which I have to soUcit
Your Lordship's sanction, but which will be charged against
the Grant of Parliament when it shall be received.
I have &c.
(Signed) Charles Henry Somerset.
[Office Copy.]
Letter from R. W. Hay, Esqre., to T. P. Courtenay, Esqre.
Downing Street, ^th September 1825.
Sir, — ^Lord Bathurst having considered it expedient that all
applications made by individuals in this Country for infor-
mation connected with persons resident in the Colonies, should
be supplied by the Colonial Agent ; I am directed by his
LfOrdship to desire that on the receipt of any such applications
whether direct from the applicants themselves or forwarded to
you from this Department, you will, should you have the
means in your possession of complying with such request,
return the information required ; but should your inabiUty to
do so satisfactorily, render such a course necessary, you will
transmit the enquiries to the Governor of the Cape of Good
Hope in order that he may enable you to furnish the Parties
with the best information which the case will admit.
I am &c.
(Signed) R. W. Hay.
[Original.]
Letter from George Harrison, Esqre., to R. W.
HoRTON, Esqre.
Tbeasuby Chambebs, 9/^ September 1825.
Sm, — Having laid before the Lords Commissioners of His
Majesty's Treasury Mr. Hay's letter of the 11th August last,
60 Becoi'ds of the Cape Colony,
requesting that directions be given, that Major Gteneral Bourke,
who has been appointed Lieutenant Governor of the Eastern
District of the Cape of Good Hope, may be allowed to draw the
usual Rations for servants and forage for horses, altho' it is
not intended that he should receive the Staff Pay of his Rank,
I am commanded to acquaint you for the information of Earl
Bathurst that my Lords have authorized the Officer in Charge
of the Commissariat at the Cape to issue these allowances
accordingly. I am &c.
(Signed) Geo. Harrison.
[Original.]
Letter from Lord Charles Somerset to the Comivhssioners of
Enquiry.
Government House, Cape Town, ^ih September 1825.
Gentlemen, — La a representation made by Mr. Thomas
Pringle to Earl Bathurst, stating the grounds upon which he
" has been reviled and ruined by me," after enumerating
various causes for my hostility, he concludes, " and above all
in coming forward amongst the first, frankly and fearless of
consequences, to furnish information of various flagrant abuses
to His Majesty's Commissioners of Inquiry."
As I do not wish in transmitting my comments to Earl
Bathurst upon this man's representation to rest them upon
bare assertion, I should feel very much obUged if you would
have the goodness to state whether you are aware of any
instance of hostility on my part towards persons who may
have given you information on any circumstance connected
with this Government, or the Colony ; with regard to Mr.
Pringle, I was not aware that he had intruded himself on you,
nor indeed had I the means of knowing it even if it had been
matter of any interest to me to ascertain it. I have &c.
(Signed) Charles Henry Somerset.
Becoj'ds of the Cape Colony, 61
[Copy.]
Letter from Sir Richard Flasket to the Committee of the
Scotch Church.
Colonial Office, 9ih September 1825.
Gentlemen, — Mr. Thomas Pringle having in a represen-
tation he made to Earl Bathurst asserted among other things
that " when a number of the principal Scotch Inhabitants of
this place met to petition the Governor for permission to erect
a place of Worship in connexion with the National Church of
Scotland, and it was proposed that he should be nominated
as one of the Committee, this proposal was opposed and
finally negatived on the sole ground that his name was
notoriously obnoxious to His Excellency and his being on the
Committee might (owing to His Excellency's well known
hostility to him) be highly prejudicial to the object they had
in view."
I am directed by His Excellency the Governor to request
that you will be good enough to state to me for His Excellency's
information whether there is any truth in the above assertion,
and whether anything and what passed on the subject on the
occasions alluded to. I have &c.
(Signed) Richd. Flasket,
Secretary to Government.
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst.
Cape of Good Hope, 10 September 1825.
My Lord, — I have the honor to sohcit Your Lordship's
approval of the Expences that have been incurred during this
year for clothing the Lunaticks and Convicts on Bobben
Island &c., amounting to Three Thousand One Hundred and
Fifteen RixdoUars, or Two Hundred and Thirty Three Pounds
Twelve Shillings and Sixpence Sterling, which I have been
-62 Ilecm'ds of the Cape Colmiy.
under the necessity of authorising, as Your Lordship will per-
ceive from the accompanj^ng Copy of a letter from His
Majesty's Fiscal.
As some Expence is sure to be incurred annually under this
head, although the amount is uncertain, and as the Item is
therefore of a fixed Contingent nature according to the Instruc-
tions which I have received from the Lords Commissioners of
His Majesty's Treasury, I beg to suggest to Your Lordship the
propriety of the same being allowed to be placed on the Sche-
dule of fixed Contingencies and to request that Your Lordship
would communicate your decision hereon to the Auditors of
Colonial Accounts. I have &c.
(Signed) Charles Henry Somerset.
[Enclosure 1 in the above.]
FiscAii's Office, Qih May 1825.
Sir, — I herewith have the honor to submit for the infor-
mation of His Excellency the Governor the enclosed trans-
lation of a tender of Mr. C. Hancke being the only one pre-
sented to me for the supply of Goathing to the Lunaticks in
Town Somerset Hospital as also for the Convicts at Robben
Island, Cape Town, Papendorp, Newlands, Buck River, and
Campsbay.
It appears to me that the usual supply of one Shirt and one
pair of second Goth or Kersey trousers should be augmented
to two Shirts and two pair of trousers, one to be made of
common yellow leather, which will make the quantity of each
article wanted amount to the numbers specified in Mr. Hancke's
tender.
In case His Excellency may deem it requisite to renew the
advertisement, I will cause hand Bills to be distributed among
the merchants, that they may be still allowed an opportunity
to tender for the same. I have &c.
(Signed) D. Denyssen, Fiscal,
The Secretary to Government.
Records of the Cape Colony, 63
[Enclosure 2 in the above.]
Cape Town, Uh May 1825.
Sir, — ^Agreeably to your further directions as to the quantity
of Ooathing required, I hereby offer to furnish the same at the
foUowing prices, viz.
Rds. tk, St.
130 Kersey Jackets and Trowsers at 13Rds. 4Sks. . 1,755 0 0
130 Yellow leather Trowsers at 4Rds. 4Sks. . . 585 0 0
260 Check Shirts at 2Rds. 2Sks 585 0 0
-134 Blue or Red striped Handkerchiefs at 5Sks. . 83 6 0
13 Leather Caps at lOSks 16 2 0
4 Bedgowns and petty coats made of Chintz at 7Rds. 28 0 0
4 do. of Red Baize at 7Rds 28 0 0
4 Chintz Shawls at 2iRds 10 0 0
8 Shifts at 3Rds 24 0 0
Total Rds. 3,115 0 0
I have &c.
(Signed) Carel Hancke.
D. Denyssen, Esqre., His Majesty's Fiscal.
[Office Copy.]
Letter from R. W. Hay, Esqre., to J. Barrow, Esqre.
Downing Street, 10^ September 1825.
Sir, — I am directed by Earl Bathurst to acknowledge the
receipt of your letter of 26th June last addressed to Mr. Wilmot
Hoiton recommending the propriety of obtaining for the
Service of the Naval Department the absolute Grant of a
piece of Land consisting of about 80 Acres on the left bank of
the Knysna at the Cape of Good Hope, of which Sir Jahleel
Brenton had obtained a provisional Grant in 1820 ; and I am
to acquaint you in reply for the information of the Lords
Commissioners of the Admiralty that Lord Bathurst will give
the necessary directions to the Governor of the Cape of Good
Hope to comply with the recommendation of their Lordships
provided no objections shall appear thereto. I am &c.
(Signed) R. W. Hay.
64 Becoi^ds of the Cape Colony.
[Office Copy.]
Letter from R. W. Hay, Esqbe.» to T. P. Courtexay, Esqre.
Downing Street, 10^^ September 1825.
Sm, — I am directed by Earl Bathurst to transmit to you a
letter which has been received from Mr. James Frier, requesting
that an enquiry may be instituted as to the fate of his brother
Robert Frier who was Inspector of Colonial Buildings at the
Cape of Good Hope in the year 1819 ; and I am to desire that
you will transmit to the AppUcant any information you may
be able to furnish on the subject. I am &c.
(Signed) R. W. Hay.
[Original.]
Letter from John Barrow, Esqre., to R. W. Hay, Esqre.
Admibalty Office, \2th September 1825.
Sir, — ^Having laid before my Lords Commissioners of the
Admiralty your letter of the 8th Instant, conveying the request
of Earl Bathurst that my Lords would give such directions as
may enable Lord Charles Somerset to return home from the
Cape of Good Hope in a ship of war without delay, should he
be desirous of so doing ; I am commanded by their Lordships
to acquaint you, for the information of Lord Bathurst, that
they have directed Commodore Christian, the senior Officer
on the Cape Station, to appoint His Majesty's ship Samarang
to convey Lord Charles Somerset to England, whenever his
Lordship may signify that he is ready to proceed. I am &c.
""' ' ' (Signed) John Barrow.
^' "-^ - [Copy.]
Letter from the Commissioners of Inquiry to Lord Charles
Somerset.
- ^
Cape Town, I2th September 1825.
My Lord, — We have the honor to acknowledge the receipt
of your Lordship's communication of the 9th Listant, in which
Records of the Cape Colony, 65
after referring to an Extract from a letter of Mr. Thoma3
Pringle to Earl Bathurst wherein he alleges that the hostility
with which your Lordship has acted towards him is attri-
butable to the information that he declares to have frankly
and fearlessly laid before us of flagrant abuses in this Govem-
ment, your Lordship requests us to declare to you whether we
are aware of any hostility manifested by your Lordship towards
the persons who from time to time have furnished us with
information on points connected with the Government of the
Colony.
In reply we beg leave to assure your Lordship that we are
not at present aware of any hostile feeling having been mani-
fested by your Lordship towards Lidividuals in consequence of
their having furnished us with information. We are unable
to conjecture the means by which the information that was
given us by Mr. Pringle very shortly after our arrival in the
Colony could have transpired except through communications
made by himself to others, and for the consequences of which
he is alone responsible. We have &c.
(Signed) John Thomas Bigge,
William M. G. Colebrooke.
13 SepUmber 1825.
Some correspondence and a supplementary report of Captain
Knox, of Scarborough, upon the improvement of Table Bay,
are not given, because they are unintelligible without the
plans constantly referred to, which are missing. — G. M. T.
[Original.]
Letter from Lord Charles Somerset to Earl Bathijrst.
Cape of Good Hope, 13 September 1825.
My Lord, — I have the honor to transmit to Your Lordship a
Copy of a letter from the Churchwardens of the Lutheran
Church in Cape Town, prajdng that every facility may be
a£forded and if possible a free passage granted to the Minister
xxm. F
66 Records of the Cape Colony,
who is expected from Europe, to relieve the Reverend Mr.
Kauffman the present Pastor of that Church, and I take the
liberty to recommend their request to Your Lordship's favor-
able consideration. I have &c.
(Signed) Charles Hbnby Somerset.
[Enclosure in the above.]
Vbstby of the Lutheran Conqreqation,
September l(Hh 1825.
Sir, — Our present Minister the Reverend Mr. F. R. Kauf-
mann after having fulfilled his engagement with the congre-
gation to general satisfaction, being desirous of returning to his
native Country, it has become our duty to apply to Europe for
another Clergyman of the Lutheran Persuasion to succeed Mr.
Kaufmann ; and under a lively and grateful recollection of
the kind interest which His Excellency the Governor has uni-
formly taken in the concerns of our congregation, we humbly
submit to you the arrangement above alluded to, for the infor-
mation of His Excellency.
We further avail ourselves of this opportunity humbly to
request that His Excellency may graciously be pleased to
move His Majesty's Secretary of State for the Colonies to grant
to the Gentleman who may proceed hither for the purpose of
succeeding Mr. Kaufmann as Lutheran Clergyman, in the pro-
gress of his Voyage every facility which can be afforded to
him, and to grant him, if possible, a free passage to this Colony.
With Sentiments of the highest regard, &c.
(Signed) Churchwardens of the Lutheran Congre-
gation.
J. H. Frouenfblder
R. A. Zeederberg
Carel Hancke
J. S. Leibbrandt
F. W. WOEKE
J. H. Stabler.
^«wtfe of tM Cffpe (.Vt /.^*', 67
[Oapy.]
Letter from Li£UT£NX!St-Coi/>3^£l Somerset to the
CoyonssiosjSBS of Exquiby.
Gentlemen, — ^I hare the honour to acknowledge the receipt
of your letter of the 7th instant, wherein I am called upon to
answer certain statements made against me by Mr. Bishop
Burnett. I have now the honour to forward my reply to this
person's statements. I hare &c.
(Signed) Henby Somebset, Lieut.-Golonel Ca}>e Corps.
Mr. Burnett commences by stating that I sold my erf in
Graham's Town for the sum of seven thousand rixdoUars ; it
is true I did so, but I purchased this erf from a private indi-
vidual, paying for it a large sum ; I built a dwelling-house
upon it, where I lived two years with my family ; I also built
a very substantial stone stable fifty feet in length ; and I sold
this property on quitting the frontier at public sale.
My present property was never offered at public sale, neither
was it ever for sale in any way.
With regard to Mr. Burnett's statement of having received
encouragement from me to cultivate largely, I have to state
that Mr. Burnett merely mentioned to me his intention of
sowing forage with a view to supplying the troops ; I informed
him I was glad to hear it. As I was not commandant of the
frontier I had no means of holding out any promises of favour
to Mr. Burnett.
The individuals who grew forage were but few, and those
only grew it on their erven. The manner in which the forage
was collected was as follows : each individual who had green
forage to dispose of notified it to the commissary on the day
appointed for the issue of green forage, the quarter-master of
the regiment received a list from the commissary, the foragers
commenced cutting according to the list, and when the turn
came to an individual, if his forage was not in ear, they passed
on to the next on the hst. Mr. Burnett's crop was barley.
When his turn came his forage was not in ear, he was passed
F 2
€8 Eccords of the Cope Colony.
over ; when it came again a large quantity was cut, but from
the shortness and badness of the crop they were compelled
after a period to cease cutting ; some time after they were sent
again, but what was then left was too ripe ; so bad and
scattered was Mr. Burnett's forage that it took double the
number of hands to cut it that it would otherwise have
done.
The statement, of the troop horses having broken loose,
cannot be fact ; 1st, from its being impossible that they could
jget loose out of their stables ; and 2dly, had they done so, Mr.
Burnett would have had the damage assessed, and the loss
would immediately have been made good to him.
I believe that in 1820 not more than one or two officers
of the Cape Corps possessed erven, and if they sold their
produce to the commissary the quantity must have been
very trifling.
With regard to myself, I had no forage to dispose of ; I had
seven horses in my stable and but one acre of land to sow for
forage. It has occurred when the quarter-master has been in
great want of forage for the officers' horses, that he has sent
to borrow a load from me, this he repaid me by a load at some
future period, or paid my steward for it on my account ; but
so far from my having forage to dispose of, I actually received
oat-hay from Cape Town for the use of my horses.
For information, which may be further desired on the
subject, of the manner in which forage was suppUed to the
Cape Cavalry, I beg to refer to the commissary at Graham's
Town. The quarter-master of the Cape Corps could also, I
believe, give some information about Mr. Burnett's crop.
I should conceive the quantity of land turned up and under
cultivation by Mr. Burnett was about twenty-five acres ; the
crop bad, poor and scattered.
With regard to my having directed seven of the Cape Corps
to cut grass on Mr. Burnett's property, the facts are these : —
The grass for the Cape Corps was always cut at Eland's
Kloof, and the road from thence to Graham's Town passed
over the ridge above Mr. Burnett's property. I one day
received a complaint from Mr. Burnett (accompanied by his
usual compUmentary epithets against the Cape Corps), stating
that they had been cutting a quantity of grass oflf his property.
Recm'ds of the Cape Colonij, 09
I replied that had any grass been taken at any time it should
be paid for ; I heard no more of this for some time. At last,
a day or two before my departure from Graham's Town, in
March 1821, Mr. Burnett accosted me in the street for payment
of his grass ; I asked him to what amount his demand was, to
nay astonishment he repUed upwards of 300 loads ; I declared
it was impossible, but that I would make immediate inquiry
of the adjutant and examine the books, and that he should
obtain his receipt according to the amount stated in the
books.
The grass parties consisted of a Serjeant and twelve, and a
daily account was kept of the quantity of grass cut and from
whence taken.
The necessity of cutting grass arose from our not having a
supply of forage for more, than about two months in the
year.
In consequence of my leaving Graham's Town so shortly, I
directed Captain Stuart to examine the books, and to give
Mr. Burnett his certificate ; he did so, and the amount proved
to be only 47 loads ; this receipt Mr. Burnett asserted was
incorrect, and he refused to receive it, but he continued to
demand one from me ; he subsequently prosecuted Captain
Stuart for the original demand. After the Court had examined
the adjutant, and every serjeant who had been employed on
the grass duty, it awarded 47 loads ; to this amount Mr.
Burnett received paymei^t.
Mr. Burnett's complaint and animosity against me is for
refusing to grant him a certificate upon his original demand,
without my having any document in support of its correctness.
It is needless for me to make any further remark upon this
subject ; I have only to say that the statement of the various
points, as now made by me, is true and correct.
(Signed) Henry Somerset, Laeut.-Colonel Cape Corps.
70
llccwrds of the Cape CuJony.
[Copy.]
List of Applications for Land in the District of Somerset.
Slaves poHsessed by.the
Applicants.
Parties' Names.
Male. I Female.
Willem Abraham Bester . . . . .
t
1
Joachim Christoffel Espagh
5 5
Adriaan de Lange .
Willem Abraham de Klerk
3 4
Jan Christoffel Greyling .
Willem Abraham de iSerk, W. son
1
Jonathan Durand .
1
4
Comelis Meyer
1
1
Barend Michiel Woest
1
Pieter Greyling
1 I
Carolus Johannes Tregardt
1
Louis Tregardt
6 2
Paul Bester ....
6 7
Hans de TAnge
1
Joseph van Dyk
1
2
Petrus Johannes Fourie, L. son
1 1
Lodewyk Ch. Botman
Johannes Frederik van der Merwe
1
1
Pieter Barendse Botha
2
1
Stoffel Lombard
6 i 6
Lucas Comelis Meyer
1
Pieter Reneke ....
1
Lucas Johannes Meyer
2
1
Johannes Hendrik Botha .
1
Anthonie Johannes Carolus Botha, A
. son
J. P. Dreyer ....
1
1
J. F. Vercueil .
1
1
J. G. Roux
2
W. C. Durand
W. van Aard .
3
3
Anthonie Lombard
i 4
4
J. F. Lombard
1
1
W. P. Meyer .
1
2
D. W. van Rooyen
F. Lombard .
1
The Widow Lucas Meyer
J. J. Durand, Jans son .
1
4
Marthinus van der Merwe
A. J. Espagh
! 3
1
E. B. Wienand
S. J. Botha .
1
1
Willem Bam .
Carolus Meyer .
1
1
B. J. de Lange
1
1
Records of the Cape Colony.
71
List of Applications for Land — continued.
Parties' NameA.
H. Lombard .
B. Lutriez
G. F. de Lange
J. J. Mynhardt
J. L. Durand .
B. J. van der Vyver
F. C. van der Vyver
P. F. Bouwer .
J. S. Hartzenberg
B- D. Bouwer .
Z. J. Dreyer
O. J. van Aard
Michiel Grobbelaar
Joachim Kannemeyer
Petrus Gerhardus Botman
Oom^is H. Botman
Pieter G. Bptman .
Gerhardus Engelbrecht
Paul Michiel Bester, B. son
Barend Jacobus Bester, Senior
Andries Bester, Paul's son
Jacobus Johannes Human
Stephanus Johannes Lombard, Anthonies son
Anthonie Christoffel Lombard, Anthonies son
Jacobus Paul Odendaal
Jacobus Johannes Odendaal
Johannes Lodewyk Bouwer
Willem Bouwer
Barend Jacobus de Klerk,
Thomas Ignatius Ferreira
David Barnes .
J. H. Greathead
C. H. Keulder
Alie Arens
Joseph Arendse
Christiaan van Aardt
Theums Gertse van Aardt
Frans Johannes van Aardt
Jacobus Becker
Coenraad Bezuidenhout .
Theunis J. Botha .
Christoffd Jacobus Lodewyk Botha
Stephanus Johannes Buis
Phil. Bud. Nel, Louis son
Gerrit Gomelis Bothma .
PhiL Bud. Botha, H. son.
Simon Christoffel Bosch .
Slave«i posisessed by the
Applicants.
Male.
6
1
6
1
2
2
1
1
4
2
1
8
Female.
3
4
1
1
8
5
8
1
3
5
1
4
2
72
Records of the Cape Colmiy.
List of Applications for Land — continued.
Parties' Names.
Slaves possessed by the
Applicants.
Philip Rud. Botha, C. son
P. R. Botes
Christiaan Botha, Jacobus son
Petnis Oomelis Bouwer .
Johannes Bronkhorst, G. son
Petrus Gerhardus Bothma
Barend Jacobus Bester, B. son
Widow Stephanus Bekker
Willem Botha .
Theunis Louis Botha
Paul Michiel Bester, Senior
Gert Ooetzer, Wm. son
H. R. Gopper
Thomas Curry
J. A. Chabaud
Lieut. J. Crowe
Jan Coetzee
Laurens Marthinus Delport
Jacobus Delport
Petrus Laurens Erasmus, L. son
Laurens Johannes Erasmus, P. son
Gerrit Erasmus ...
P. S. Erasmus
J. H. Engelbrecht .
Gerhardus Engelbrecht, C. son .
Daniel Balthazar Erasmus, P. son
Petrus Erasmus, Senior .
Willem Esterhuizen .
Theunis Fourie
Barend Greyling
Pieter Hendrik Goosen, N. son
Christoffei Jacobus- Groepe
Carolus Chi'istoffel Groepe
Jan AndHes Gildenhuis .
Johannes Theo. Hattingh, C. son
Andrew Hosie ....
Hendrik Jacobus van Heerden, W. son
Frans de Jonge
Johannes Petrus Jordaan, P. son
Abel Daniel Kotze, L. son
C. P. F. Lotter, W. son .
Leendert L. Labuscagne .
Jan de Lange, Senior
Anthonie Lombard, H. son
Lee & Cock ....
Christoffei Lombard
David Edward Malan
-
Male.
Female.
8
4
1
1
2
1
1
1
2
6
1
i
3
8
1
1 2
1
1
1
5
8
5
7
1
3
6
5
1
4
2
1
1
2
4
1
1
2
1
4
6
1
.5
1
Recai'ds of the Oape Colony,
List of Applications for Lavd — continued.
73
Parties' Names.
Joachim Fredenk Mentz, H. son
Jacobus Johannes Meintjes, Senior
George A. Martin
Dirk Johannes Muller
Louis Adam Nel, W. son
Johannes Petrus Nel
Th. Jacobus Nel, L. son
Com^is Johannes Olivier
G H. S. Olivier
Christoffel H. Olivier, C. son
Adriaan Oomelis Odendaal
Willem Jacobus Odendaal
Paul Jacobus Odendaal .
Johannes Prinsloo .
Johannes Theodorus Pietersen
Richard Peacock
Jacobus Pretorius, H. son
Willem Frederik Prinsloo, J. son
A- C. Pick, Senior .
J. C. Potgieter, J. son
Johannes Pretorius, P. son
Frederik Pietersen .
Simon Lodewyk Richert, P. son
Lacas Janse van Rensburg, H. son
Gysbert van Rooyen, C. son
Hendrik J. van Rensburg
D. J. Schoeman, C. son .
Jan David Strok
Michid Smit, Senior
Michiel S. Smit
Willem Jacobus Schoeman
Margaret Thompson
Hendrik van der Vyver .
Andries Johannes Venter, A. son
P. J. Venter, P. son
B. J. Vorster .
Jan van de Venter, G. son
Hendrik Janse van Vuuren
L. J. van Vuuren .
Jan Vercueil .
The Widow Hendrik Venter
Ryk Jacobus de Waal, D. son
Jan David Wentzel, C. son
William Hudson
Slaves possessed by the
Applicants.
Male.
Female.
2
2
1
3
4
6
4
1
5
4
10
8
4
1
1
3
6
1
2
2
8
2
1
1
5
2
1
3
2
IStA SepUmber 1825.
(Signed) P. G. Brink,
Assistant Secretary to Government.
74 Becm^ds of the Ca'pe Colony.
[Copy.]
Letter from Commissioners of the Court to the full Court of
Justice,
To His Honor Sir J. A. Truter, Chief Justice, and the Members
of the Worshipful Court of Justice of the Cape of Good
Hope and the Dependencies thereof, &c., &c., &c.
Worshipful Gentlemen, — Your Worships were pleased, by-
Resolution of the 14th July last, to refer to us for report a
letter from the Colonial Office dated the 8th of the said Month
enclosing an extract from a Memorial addressed by Benjamin
Wilmot to Earl Bathurst, containing complaints against our
judicial proceedings as having constituted the Commission of
Circuit in the Country Districts in the year 1823, and on
which we have now the honor to report :
That on our arrival at Graham's Town said Wilmot made
appUcation to us requesting that he might be allowed to bring
to our cognizance a case of damage he had suffered through
the pounding of oxen, and notwithstanding that he had
neglected to comply with the terms of the 9th Art. of the
Proclamation of the 16th May 1811, we allowed that the List
of cases should be ampUfied therewith.
That this case was brought forward for hearing accordingly
on the 5th November, as will appear from the Extract hereunto
annexed No. 1, from which it will be seen that the Plaintiff
not having nominally stated any Defendant, the case fell as of
itself. But as it appeared from the complaint that he exhibited
and which is hkewise annexed hereto No. 2, that it was necessary
to decide previously whether the Overseer, who according to
different regulations for the Pound is responsible, has been
neglectful or the Complainant unwilUng to release the Oxen,
we conceived that the decision of this case, as involving only
the value of six oxen and not amounting to Three Hundred
Bixdollars, belonged in the first instance to the cognizance of
the Board of Landdrost and Heemraden, the road of further
appeal always remaining open to the Complainant afterwards,
and that this mode was the shortest and least expensive for
the complainant to obtain redress.
Bccords of the Cape Colony. 75
Hoping herewith to have complied with your Worships'
intention we take the Uberty to submit this as our dutiful
report.
Exhibited in the Court of Justice at the Cape of Good Hope,
on the 13th September 1825.
(Signed) P. J. Truter,
P. B. BORCHBRDS,
[Office Copy.]
Letter from R. W. Hay, Esqre., to Mr. Bishop
Burnett.
Downing Street, 14 September 1825.
Sir, — I have to acknowledge the receipt of your letter of
the 5th instant, and I am directed by Lord Bathurst to acquaint
you in reply that his Lordship has received no intelligence
respecting the advertisements in the Colonial Gazette to which
you refer, and until he shall be informed whether the Goods,
the disposal of which are advertized, are goods sold by order of
Grovemment or on the claim of Creditors, it is impossible for
him to interfere further than to direct that a copy of your
letter should be forthwith transmitted to Lord Charles Somerset,
in order that if it should appear that your Goods have been
advertized by the order of Government, and that the sale of
them has not already taken place, such indulgence may be
granted to you as may be consistent with the purposes of
Justice, and that your interests may not be prejudiced by
your absence from the Colony. I am &c.
(Signed) R. W. Hay.
76 liccords of the Cape Colony.
[Copy.]
Letter from Messrs. London, Patok, and others to Sir
Richard Flasket.
Cape Town, lUh September 1825.
Sir, — We the undersigned Members of the Committee
appointed by the Scotch Presbyterian Community in this
Colony have been honored with your Letter of the 9th Inst.,
stating that Mr. Thomas Pringle having, in a representation
he made to Earl Bathurst, asserted among other things that
" when a Number of the principal Scotch Inhabitants of this
place met to Petition the Governor for permission to erect "a
place of Worship in connexion with the National Church of
Scotland, and it was proposed that he should be nominated as
one of the Committee, the proposal was opposed and finally
negatived on the sole ground that his name was notorwiisly
obnoxious to His Excellency and his being on the Committee
might, owing to His Excellency's well known hostility to him,
be highly prejudicial to the object they had in view," you
were directed by His Excellency the Governor to request us to
state to you for His Excellency's information whether there is
any truth in the above assertion, and whether anything and
what passed on the subject on the occasion alluded to.
To which we have the honor to reply that, so far from
having any knowledge of the circumstance reported by Mr.
Pringle as above, we do not recollect to have heard his name
mentioned, or alluded to, at the General Meeting of our Con-
stituents or at any of our Committee Meetings, nor have we
either collectively or individually the slightest knowledge of
the event in question. W^e have &c.
(Signed) James Nisbet,
Wm. Dickson,
C. Mackenzie,
John Saunders,
James Abeecrombie,
A. T. Jardine,
John Findlay,
Joseph Ranken.
Records of the Cape Colmiy. 77
We, the Undersigned, Members of the aforesaid Committee,
were not present at the General Meeting of the Scotch Presby-
terian Community above alluded to. But, as far as our
knowledge and information extend, we declare our total
ignorance of the event reported by Mr. Pringle, and we beg
leave to add that this Commimication is signed by every
Member of said Committee -at present in this Colony, or
within many hundred miles of Cape Town.
(Signed) James London,
Geo. Paton.
[Office Copy.]
Letter from R. W. Hay, Esqre., to J. W. Croker, Esqre.
Downing Street, 15 September 1825.
Sir, — Earl Bathurst having been pleased to appoint Mr.
Blair a Member of the Commission of Enquiry at the Cape of
Good Hope ; I am directed by His Lordship to request that
you will move the tiords Commissioners of the Admiralty to
afford a Passage to the Cape to Mr. Blair, should any vessel be
sailing for that destination at the end of the present month.
I am &c.
(Signed) R. W. Hay.
[Copy.]
Letter from Mr. J. J. L. Smuts to the Secretary to
Government.
Orphan Chambeb, 15^^ September 1825.
Sir, — I beg leave in compUance with your Letter of the 11th
July last to forward to you herewith for the information of
the Earl Bathurst an explanatory statement of the Capital
of the Orphan Chamber made up to December last.
I have &c.
^_ . (Signed), J. J. L. Smuts, Sec.
78 Records of tJie Cape Colony,
[Enclosure in the above.]
Brief Statement of the Capital of the Orphan Chamber on the
Zlst December 1824. With Explanatory Notes.
Rds. 8ts,
The said Capital, according to the Books closed this day,
amounts to ••••••,.. 2,766,531 1
And consists as on the Credit side of the following Items, viz.
1. Capitals Outstanding on Interest 1,579,796 12
2. Arrears of Interest on the said capitals . . . < 88,767 30
3. Portions settled in the Orphan Chamber by appraisement 434,483 11
- 4. Deeds of Mortgage (Kustingbrieven) • • • • 48,064 16
5. Amount of Sums delivered to parents and other relatives
for their use and profit 71,907 13
6. Amounts paid to Sundry Persons on account of such sums
as will be due to them at the final settling of the Estates
under the administration of the Orphan Chamber, or
what they have received beyond their shares of Inherit-
ance from Estates already liquidated .... 188,216 42
7. Balances due to the Orphan Chamber from Estates ad-
ministered by the Board . . . . . . 64,195 32
Sundry acooimts proceeding as thereby specified, and which
run in the Books under the head of standing accounts, viz.
8. The Seven Firstmentioned for sums advanced to them by
order of Government, without Interest being charged
thereon, viz.
Eds, stg.
9. The South African School Commission. 6,000 0
10. The Church at Caledon . . . 10,000 0
11. The Church at George . . . 12,000 0
12. The Colonial Orphan House . . 8,00a 0
13. The Lutheran Congregation of this Town 5,000 0
14. The Church at Uitenhage . . . 10,000 0
15. The Government Public Library . . 13,700 0
16. The hereaftermentioned for Balances
due by them on the amoimt of Public
Sales held on account of Simdry Estates
under the administration of the Orphan
Chamber, viz.
Johan Gustaaf Aspeling (Son of Dirk),
Agent to the Board in the District of
Worcester 2,422 12
64,700 0
Carried forward .... 2,422 12 2,540,131 12
Records of the Cape Colony. 79
Rds. sts. Rds. ttt.
Brought forward .... 2,422 12 2,540,131 12
Jan Ferdinand Bam, Agent to the Board
in the District of Sweliendam • . 320 6
Johannes Henricus Brand, late Resident
in Simon's Town .... 216 36
The Testamentary Executors of Jan
Pieter Faure deceased, late Secretary
to the Orphan Board , . . 18,972 20
CSiristiaan ]^Iichiel Land, Agent to the
Board in Simon's Town . . . 310 0
Johannes Werendley van der Riet, Agent
to the Board in the George District . 29,176 10
Johan Jacob Fredrik Roselt, Agent to the
Board in the District of Uitenhage . 610 0
Johannes Joachim Lodewyk Smuts, Sec-
retary to the Orphan Board • . 129,755 6
Andries Stockenstrom, Agent to the
Board in the Graaff Reinet District . 30,928 31
Francois Henry Stoedel, formerly Agent
to the Board in the Uitenhage District 3 863 34
17. The Orphan Chamber at Amsterdam to
balance of account .... 74 14
18. The Orphan Chamber at Batavia to
Do. Do 1,218 2
19. Jan Serrurier, Assistant Head Clerk of
the Orphan Chamber for an advance
for the purchase of stamps • . 101 32
20. Kennet Nicolaas van Breda, Solicitor
to the Orphan Chamber, for an advance
on account of Expenses of suing before
the Petty Court .... 100 0
21. Gomelis de Groot and Crasser at Rotter-
dam for monies received for account of
the Orphan Chamber, and still imder
their care . . . • , 344 7
Ready Money according to the accounts in
the Ledger viz.
22. In the Government Bank of Deposits
and Discounts 1,808 23
23. In the Orphan Chamber . . . 6,177 44
216,575 11
1,838 7
7,986 19
Constitutes together the above Capital of . . . Rds. 2,766,531 I
80 Becat'ds of the Cape Colony.
Rds. ft*.
The aforesaid capital as to the Debt side, consisting of the
following Items, viz.
24. Portions of Inheritance received for account of Wards or
others administered in the Orphan Chamber . . 1,254,265 40
Remark. — ^In this sum is included :
a. Rds. 5,000 presented by His Excellency the late Gover-
nor the Earl of Caledon to the Orphan House of this
Colony, previous to his departure, with directions to
remain under the administration and care of the
Orphan Chamber.
6. Rds. 8,000 advanced (free of Interest) to the aforesaid
Orphan House from the funds of the Orphan Chamber,
by order of His Excellency tjie present Governor Lord
diiarles Henry Somerset, and which sum, by the
express desire of Directors of the Orphan House, has
remained under the administration of the Board, in
order that the Interest accruing thereon may annually
be paid to the Directors of said Orphan House.
c. Rds.l7,022-rl4 received under the administration of the
Orphan Chamber, by qrder of Government, as a fund
for the support and aid of sickly and aged Prize
Negroes. The interest at present due on the last-
mentioned sum is included in the first following
amount.
25. Interest due on said Portions, and belonging to Orphans
and others 121,320 38
26. Portions due to Children or Grand Children from their
Parents or Grand-Parents settled in the Orphan Chamber
by appraisement 434,483 II
27. Amount of sums belonging to Orphans, and delivered to
Parents or the nearest relatives for their use and profit,
under sufficient Security 71,907 13
28. Balances in favour of unliquidated Estates under the
administration of the Orphan Chamber . . . 372,312 34
29. Amount due to Sundry Persons for their Claims on
Estates already liquidated, and which is carried to their
credit 65,423 24
30. The amount of the Private Fund of the Orphan Chamber
on this day's date 446,817 33
Yielding the aforesaid Capital of . . . Rds. 2,766,531 1
Recm'ds of the Cape Colony. 81
Explanatory Notes,
1. The disposable funds of the Orphan Chamber are put out
on Interest, agreeably to the Instructions of the Board, secured
by the Mortgage of Real property and the personal engagement
of Two or more Sureties. The Capitals thus put out with the
exception of a. very few are payable three Months after due
warning given. The Orphan Chamber however seldom calls
in Capitals of this description, but, in cases where the property
mortgaged is ahenated, leaves the money on Interest with the
new purchaser, provided he produces the Security required.
2. The Interest due by the Debtors of the Orphan Chamber
is charged at the rate of Three per Cent every six months,
viz. on the 30th of June and 31st December, on which dates
they are bound to pay the Interest due. The sum here stated
is the amount of Interest which remained unpaid on the 31st
December 1824.
3. If one of Two Married people die ab intestato leaving no
other heirs but Children begotten in Marriage by the Survivor,
the Board permits the Survivor, if he or she desire it and
make appUcation to that effect, to remain in possession of the
joint Estate, provided he or she fix the paternal or maternal
Inheritance of such Children by appraisement. The portions
so fixed are allowed to remain with the Survivor on production
of adequate Security, until the Children- become of age, with
a view of enabUng the Survivor the better to support and
educate the children from the " usufruct " of their inheritances.
It is on this account, and subject to these Conditions, that
several persons are indebted to the Orphan Chamber in the
sum here stated.
4. The Orphan Chamber, according to Colonial Custom, sells
the Real Property which it has to dispose of by Public Auction,
the amount of sale being payable in Three instalments,
the first in Cash, the Second One year after the date of Sale,
and the Third Two years after. On receiving the transfer
of such property the purchaser executes Bonds for the Second
and Third Instalments which are the first Mortgage on the
property. These Bonds are called " Kustingbrieven," and on
bonds of this description Sundry persons are indebted to the
Orphan Chamber in the sum here stated. In some cases the
xxni. G
82 Iie€07'(is of the Cape Colony,
debtors are allowed, after their bonds have become due, to
retain in their hands the Capital of the debt, upon payment
of Interest to the Orphan Chamber, when Bonds are passed by
them, before the Chamber, in which personal Security is given
for the amount ; but in such cases the term of " Capitals out-
standing on Interest " is substituted for that of " Kusting-
brieven."
6. In former years the Inheritances accruing to Minors, on
apportioning the Estates administered by the Chamber, were
delivered over by the Chamber, under proper Security, to the
Father, Mother, or nearest relations with whom the Children
were residing, with the view of enabling them more effectually,
from the " usufruct " of such Inheritances, to maintain and
educate the Children during their minority, the Capitals being
to be paid to them on their attaining their Majority. But
experience having taught that this manner of placing out
inheritances was generally attended with many inconveniences,
it is now almost entirely abolished. It does occasionally happen
that Parents, or other Persons, leave by last Will to their. Chil-
dren, or nearest relations. Inheritances or Legacies, the " usu-
fruct " of which they desire that a third person, for instance,
the Survivor of the Parents, or some other Individual, should
enjoy, either for life, or for a certain period, who are thus put
in immediate possession of the same ; and it is mostly out of
Inheritances of the foregoing desciiption that the sum here
stated is composed.
6. Payment of Debts due by Persons who are both Debtors
and Heirs to Estates under the administration of the Orphan
Board is not claimed previous to the . liquidation of such
Estates, when the amount of their Inheritance or Counter
Claim can at the same time be made to appear ; in like manner
when Persons, being Heirs interested in Estates, purchase goods
at Public Sales held on account of such Estates, payment for
the articles so purchased is not required previous to the liqui-
dation of the Estates, in order that then their shares of Inheri-
tance may be taken as a set off against the sums in which they
may be indebted to the Estates, provided, if required, they give
Security for the amount. To Persons interested as Heirs in
Estates, whose circumstances may require it, the Board
advances money on account of their inheritances, if the con-
Records of the Cape Colony. 83
dition of the Estate, upon which they have claim, admit of it.
This is the nature of the sum here stated, which on 31st
December 1824 was due by several Individuals having interest
in Estates under the administration of the Chamber, which are
either unliquidated, or have only lately been brought to
adjustment.
7. Upon Estates under the administration of the Orphan
Chamber claims frequently exist that require to be settled pre-
vious to sufficient Cash payments having been received on
account of such Estates. In such Cases the Board of Orphan
Masters, if assured of the Solvency of the Estate, do not
hesitate to advance monies for the discharge of the debts it
may owe, and for this purpose, and under the circumstances
now mentioned, this sum was advanced by the Chamber on
31st December 1824.
8. The Orphan Chamber possesses a Private fund, which has
been accumulating in that Department since the year 1698,
and upon which no Person whosoever has any just Claim.
Respecting the Origin of this fund, its appropriation and utiUty,
full explanation has lately been given by the Board of Orphan
Masters to His Majesty's Commissioners of Inquiry and to His
Excellency the Grovernor. From this fund the sums of Money
expressed opposite to the names of the undermentioned
Departments and Corporations have from time to time been
advanced, without payment of interest, by the desire of the
Colonial Grovemment and with the consent of the Board.
9. By order of His Excellency the late Governor, the Earl of
Caledon, under date 28th June 1811, and by resolution of the
Board taken thereupon, dated 17th July, advanced in the
month of September of the same year.
10; By order as abovementioned under date 20th June 1811,
and resolution of the Board dated 17th July following, advanced
to Churchwardens on the 20th May 1812, a Bond having been
executed before the Board for the repayment of that amount.
11. By Order of His Excellency the Governor Lord Charles
Henry Somerset, under date 12th July 1814, advanced to
Churchwardens on 4th October 1814, a Bond having been exe-
cuted before the Board for the repayment of that amount.
12. By order, as abovementioned, under date 12th July 1814,
advanced in the month of September of the same year.
G 2
84 Records of the Cape Oolony.
13. By order as abovementioned, under date 11th December
1817, advanced to Churchwardens on the 21st of the same
Month following, a Bond having been executed before the
Board for the repayment of that amount.
14. By order as abovementioned, under date 13th March
1817, advanced to Churchwardens on the 26th June 1818, a
Bond having been executed before the Board for the repayment
of that amount.
15. By order as abovementioned, under date 13th April 1820,
and Resolution of the Board thereupon dated 10th May fol-
lowing, advanced to the Master Builder Hermanus Schutte in
the months of May, June and October of the same year, upon
his receipts for the amount, on account of the Expense of the
Building erected for that object. Independent of which, by
desire of His Excellency the Grovernor Lord Charles Henry
Somerset, but, after previous remonstrance against, and ac-
quiescence subsequent thereto, in the measure by the Board,
a sum of Five Thousand BixdoUars, without payment of
Interest and a further sum of Twelve Thousand Rixdollars
for a term of Ten years, also free of Interest, were advanced
to the Churchwardens of Somerset in the District of Stellen-
bosch on the 11th March of this year, under Two Bonds
executed before the Board.
16. Public Sales held on account of the Orphan Chamber
are effected in Cape Town and its vicinity, and in the Cape
and Stellenbosch Districts, by the Secretary to the Board, and
in the other Country Districts by Agents appointed for that
purpose. As soon as these Sales have been eflfected, and the
Vendue Rolls received at the Orphan Chamber, the Estates on
whose account the sales were held are immediately credited
for the first instalment of the Real, and for the whole amount
of the Personal property Sold, and the Secretary and Agents
debited with the same, they being accountable to the Chamber
for that amount. In case of loss however they retain a claim,
under certain restrictions, upon the auctioneers and their
Sureties, so that on this head no injury can be sustained or
even apprehended by the Estate or those interested therein,
by the Orphan Chamber or by the Grovemment. In the sums
stated opposite to their names the Secretary and Agents were
indebted on the 31st December 1824 in the manner aforesaid ;
Heeords of tlie Cape Col mi y. ^5
but it is to be observed that the accounts of the fourth and last-
mentioned have been liquidated during the course of this year.
17. This is the Balance of an account Current with the
Board of Orphan Masters here.
18. Idem.
19. The fixed Salary of the first Clerk being very trifling, it
cannot be expected that he should therefrom make any
advances for the public Service, and as he is frequently obliged
to purchase Stamps for ready money for the use of the Office,
the amount of which is only repaid to him some time after,
the Board therefore advances to him a sum of money for that
purpose.
20. Idem, the amount advanced to him in this instance
being otherwise appropriated for the Public Service.
21. This explains itself.
22. Idem.
23. Idem.
24. With the exception of the three Items below " Pro
Memoria," the annexed sum consists of Inheritances and
Legacies that have accrued to sundry persons out of Estates
administered and liquidated by the Orphan Chamber, or
otherwise been deposited in the Chamber for them, to be
there retained and administered by the Board for their profit
and advantage. The number of Persons who participate in
this sum amounts to nearly Three Thousand, with each of
whom an account is kept in the Books of the Chamber. Such
of these Individuals as have attained their age, and whose
Shares are not entailed with " Pidei Commis " by the Testators,
or otherwise prevented from being withdrawn, can at all times
receive the amount due to them respectively in Cash, or
empower others to receive it for them, upon giving proper
receipts for the same.
25. To all persons being minors and also to those who have
attained their age, whose inheritances and legacies are entailed
with the restriction of " Pidei Commis," such inheritances or
legacies amounting only to Twenty-Pive Guilders Indian
Valuation (equivalent to Eight RixdoUars Sixteen Stivers
Cape Currency, and to Twenty Guilders Dutch Money) or
exceeding that sum, the Orphan Chamber allows annually an
Interest of Six per cent upon the amount so entailed, and each
86 Records of the Cape Colony.
person is Credited in the books of the Chamber half yearly, on
30th June and 31st December, for three per cent on such
amount. The Interest thus conceded which may be due to
those who have «rrived at Majority is paid to them every
half year, that du« to minors is paid in such proportions as
may be necessary, to their Fathers, Mothers or nearest relations
with whom they reside, for the purpose of meeting the expence
of their support and education and compensating them for the
same. The number of those wards, who are generally dispersed
throughout the Colony, but some of whom are in Europe,
whither they have proceeded for the benefit of their education,
may be calculated to amount to nearly one Thousand, and it
is the Interest in favor of these wards and of the full aged
Persons, appearing in the Books of the Orphan Chamber on
ultimo December 1824, which constitutes the sum of Bds.
121,320, 38«te. here stated.
26. This is the sum of which the Debtors are detailed under
No. 3. The number of Children who share in this sum amounts
to nearly Two Thousand, with each of whom also an account
is kept open in the books of the Orphan Chamber.
27. This sum is due to a few Persons who are almost all
of age. The Debtors of this sum and the conditions and
particulars of the circumstances under which they became
Debtors are explained under No. 5.
28. With Estates coming under the administration of the
Orphan Chamber a running account is immediately opened in
the Books, and at the end of each month entries are duly made
on the Credit and debit side of all Items either of receipt or
disbursement. The sum here stated was the general bcdance
on 31st December 1824 in favor of the Estates administered
by the Chamber, the Settlement of which could not be effected.
29. When Estates are liquidated in the Orphan Chamber, it
frequently happens that Claims against the same have been
presented at the Chamber and found to be just, but could not
be received by those preferring the same, owing to the great
extent of the Colony, in which case credit is given in the Books
to each person for the amount of his claim, until such time as
he may be placed in the opportunity of receiving payment
thereof. This is in some respects a troublesome, but never-
theless a necessary and useful branch of the administration.
Records of the Cape Colmiy, 87
On this account several persons had claims upon the Orphan
Chamber on the 31st December 1824 for the amount here
stated, viz. Bds. 65,423 24 sts., but in which is included a sum
of Rds. 12,599 40 5te., for which the Government stood credited
under that date for fees collected in the last Quarter of the year.
30. The nature of this fund has been treated upon largely
under No. 8.
Orphan Chamber at the Cape of Good Hope, the 14th
September 1825.
(Signed) J. J. L. Smuts, Sec.
[Copy.]
Letter from Mr. George Paton to Sir Richard Plasket.
16 Stband Street, loth September 1825.
Sir, — The accompanying Letter from the Scottish Presby-
terian Committee, in reply to yours of the 9th Inst., is signed
by every Member with the exception of our Chairman,
Mr. McDonald, who is in England, Mr. Pillans, in England,
Messrs. Morrieson, Smith, and Grant in India, and Mr. Mon-
teath, on the Frontier.
I am aware that Mr. McDonald intended to call at Earl
Bathurst's Office, and to leave his address there.
I beg leave to add that your Letter of the 9th was not deli-
vered to me, as Secretary to said Committee, until the afternoon
of the 12th Inst. I have &c.
(Signed) Geo. Paton.
(See letter on p. 76.)
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst.
Cape of Good Hope, 16 September 1825.
My Lord, — Owing to the difficulties which are opposed to a
free and iminterrupted communication with the Interior of
this Colony by the overflowing of the Rivers during the rainy
88
Bawds of the Caj^c Colmiy.
season, and by which not only the public service is delayed by
the stoppage of the mails, but the interests of Individuals mate-
rially injured by their being detained many days on the Banks
of some of the Rivers ; I deemed it necessary to authorize the
building of Ferry Boats on the several Rivers in the Swellen-
dam and George Districts.
The original Expence of these boats must of course be de-
frayed by Government, but the Toll levied on them will it is
hoped cover any extra expences of keeping them in repair and
paying the persons employed to work them.
I have therefore to request Your Lordship's sanction to this
expence, amounting to Six Thousand Nine Hundred and Sixty
Five RixdoUars or Five Hundred and Twenty Two Pounds
Seven Shillings and Six Pence Sterling. I have &c.
(Signed) Charles Henry Somerset.
[Enclosure in the above.]
List of Boats proposed to he constructed for the several rivers in the
George and Swellendam Districts,
In the George District.
At Groote Rivier one Boat at
Diep „
Klippers Drift
Wagenbooms
Ganzen Kraal
Molen
Gwaagang
Wit Els
Groot Brak
Klein Brak
Gourits
In the Swellendam District.
At the Breede Rivier one Boat at .
Buffelsjagt . . . .
Duivenhoks and Kafferkuils Rivers .
3 Sheds for the shelter of the same.
Eds.
250
250
250
250
250
250
250
250
250
250
250
Rds. 2,750
lids.
. 3,590
.• 180
. 370
. 75
4,215
At \s, 6d. per RixdoUar equivalent to £522 75. 6<f.
Rds. 6,965
Becm^ds of the Cape Colony/. 89
[Original.]
Letter from Major General Bourke to R. W.'Hay, Esqre.
75 WiMPOLE Street, September IQth 1825.
Dear Sir, — I am going tomorrow a short distance into the
Country, but purpose being in Town again on Monday, on
which day I understand Lord Bathurst will be in Town also, and
I mean to call at the Colonial Office to enquire if His Lordship
has any commands. I purpose going on Wednesday to South-
ampton, there to wait the arrival of the ship at Portsmouth
which is to take me. If Lord Bathurst should not wish to see
me finally during his stay in Town next week, I can at any
time come up from Southampton to take His Lordship's
Orders ; I need hardly say that there are many points upon
which it will be most desirable I should receive them before my
departure for the Cape. I have &c.
(Signed) Richd. Bourke.
P.S. — I have just received your letter of this day, and will
not fail to remind you of Mr. Parker's business if I have the
honor of seeing you on Monday next. — R. B.
[Office Copy.]
Letter from R. W. Hay, Esqre., to Captain R. Knox.
Colonial Office, 16 September 1825.
Sir, — I am directed by Earl Bathurst to acknowledge the
receipt of your letter of 13th Instant, and to acquaint you in
reply that his Lordship will be glad to receive the Plans and
Report therein alluded to, which he will be obliged to you to
forward to the Colonial Office accordingly. I am &c.
(Signed) R. W. Hay.
90 Records of the Cape Cdmiy,
[Office Copy.]
Letter from R. W. Hay, Esqre., to C. de Lorbntz, Esqre.
Colonial Office, 16 SepUmber 1826.
Sir, — I have received the directions of Earl Bathurst to
acknowledge the receipt of your letter dated 12th Instant
referring to the expenses which you will be obliged to incur in
completing the necessary arrangements for proceeding to take
upon yourself the duties of your appointment at the Cape,
and expressing the hope that His Lordship will be enabled to
grant you a small sum to assist towards defraying a part of
the same. Since I had the pleasure of communicating with
you on the subject of your Employment, it has been decided
that your full Salary should commence from the date of
your embarkation. Lord Bathurst therefore hopes that this
Improvement of the terms on which you were given to under-
stand that you would receive your appointment, will, in some
degree, lighten your difficulties, although his Lordship regrets
that it will not be in his power to do so more eflfectually.
I I remain &c«
(Signed) R. W. Hay.
[Copy.]
Letter from the Commissioners of Enquiry to Thomas
Prinqle, Esqre.
Cape Town, IQth SepUmber 1825.
Sir, — Having observed in the Copy of your address to Earl
Bathurst which has been referred to us, that it is stated by
you in Explanation of the Causes of Hostility shewn to you by
Lord Charles Somerset, that you " had come forward among
the first frankly and fearless of consequences to furnish Infor-
mation to us of various flagrant abuses," we feel ourselves
called upon to request that you will state to us the grounds
upon which you have attributed the hostility you have imputed
Records of the Cape Colony, 91
to the Grovemor to such a circumstance, in particular we
request to be informed in what manner you conceive that the
communications addressed to us by you could have transpired
or reached the Governor, or even the knowledge of the fact
that you had made such communications.
We are at present entirely uninformed upon these points,
and are therefore unable to judge how far the mind of the
Governor could have been prejudiced against you, in conse-
quence of your communications to us, and which have not
transpired from our office. We have &c.
(Signed) John Thomas Biqqb,
William M. G. Colbbrooke.
[Copy.] '
Letter from Dr. James Barry to Lord Charles Somerset.
Cape Town, SepUmber 16, 1825.
My Lord, — In conformity with your Lordship's order of the
23rd August, conveyed to me through the Colonial Office " to
examine into a Report upon the case of Aaron Smith " who
was confined in the Town Prison, I proceeded to investigate
the same, and transmitted my Report to your Excellency on
the 25th. Li consequence of this my Report I have been
summoned to appear before the Sitting Commissioner of the
Court of Justice this day, at the instance of H. M. Fiscal, to
answer Literrogatories touching the facts stated therein.
Having acted in obedience to your Lordship's Commands, I
decUned answering any questions arising out of a Report
ordered to be made by Government, as tending to introduce a
dangerous principle by shackling its powers and preventing
public Officers from stating in their Reports facts which they
conceive ought to be brought to the cognizance of your
Excellency.
For this refusal I have been sentenced to civil Imprisonment,
and am advised to throw myself upon your Lordship to protect
the Liberty of a public Officer who has not transgressed the
92 Recm'ds of the Cape Colony,
law, and the only charge against whom is that of having con-
scientiously discharged a public duty imposed upon him by
your Excellency. I have &c.
(Signed) James Barry,
Col. Med. Inspector.
[Office Copy.]
Letter from Earl Bathurst to Lord Charles Somerset.
Downing Street, London, llth September 1825.
My Lord, — I have the honor to transmit to your Excellency
enclosed copy of a letter which has been received by my
Under Secretary of State from Mr. Bishop Burnett stating the
circumstances under which his property had been advertized
for Sale by the Colonial Authorities at the Cape of Good Hope,
and praying that Instructions may be given to suspend for
the present all judicial proceedings against him, and I have to
desire that in regard to any measures which your Excellency
may adopt in this matter, you will be guided by the answer
which I have considered it advisable should be returned to
Mr. Burnett's application, a copy of which I enclose for your
Excellency's information. I have &c.
(Signed) Bathurst.
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst.
Cape of Good Hope, 17 September 1825.
My Lord, — I have the honor to transmit to your Lordship
copy of a correspondence which has taken place relative to a
claim made by Mr. Schutte, Contractor for building the Light
House erected on Greenpoint, by order of the Acting Governor
of this Colony, Sir Rufane Donkin, for an additional remunera-
tion, beyond the amount fixed by Contract, in consequence of
a very important deviation from the original Plan which He
Records of the Cape Colony. 93
states to have been ordered by the verbal authority of Govern-
ment through the late Colonial Secretary.
Although I have found it impossible upon the very loose
recollection of the case by Colonel Bird to authorise the amount
of this claim to be paid to Mr. Schutte, I believe there is no
doubt that some deviation from the original plan was ordered
to be effected, and I therefore feel it but an act of justice to
the individual concerned, to transmit the correspondence to
your Lordship, soliciting your Lordship's Instructions thereon.
I have &c.
(Signed) Charles Hbnry Somerset.
[Enclosure 1 in the above.]
Colonial Office, ^th July 1825.
Sir, — I am directed by His Excellency the Governor to
transmit to you herewith an Extract of a letter from Mr. H.
Schutte, relative to the Light House at Greenpoint, erected by
him on account of Government, and I have to request that
you will acquaint me for the information of Government
whether Mr. Schutte^s statement is correct. I have &c.
(Signed) Richd. Plasket, Secretary to Govt.
Colonel C. Bird, late Colonial Secretary.
[Enclosure 2 in the above.]
Extract of a Letter from Mr. H. Schutte to the Secretary to
Government, dated 2Sth April 1826.
Knowing the multiplicity of important business you have to
attend to, it is painful to me to encroach so much on your
valuable time, but my necessities compel me further to solicit
your kind representation to His Excellency of the losses I have
also met with, as Contractor for the Light house at Greenpoint.
When considerable progress had been made in this building in
July 1822, great damage was done to it by the most severe
and unprecedented weather ever known in this Colony, through
which I suffered a severe loss not occasioned by any of those
94 Records of the Ca'pe Colony.
contingencies for which a Contractor is always liable, but
through a visitation of providence, which neither human
prudence nor foresight could have guarded against.
I further beg leave to submit another circumstance respecting
this Contract to His Excellency's consideration, namely that
the Estimate for the original plan was Rds. 13,000, agreeably
to which the Light-house was to consist of a solid pillar, with
the exception of a winding stair. When the foundation was
laid and finished, the (then) Colonial Secretary officially told
me, that Grovemment had abandoned the first plan of a solid
pillar, and I was directed to build it hollow with apartments
as it now is. This in course led to a further encrease of expence,
so that the Light House has cost Rds. 21,698, from which
deducting Rds. 3,097 4 aks, for materials supplied by Govern-
ment, the Sum it stands me in is Rds. 18,600 4 sks. This
account was sent in by my Agent to the Audit Office, but the
Auditor General being totally unacquainted with the cause of
the greater amount of the account than of the estimate, and
not having made any inquiry, rejected and returned the
account with directions to make it out according to that
estimate.
As I was then at Port Frances, my Agent, who was also
ignorant of the circumstances, without writing to me for
instructions, made out the account anew, as he was directed,
and having sent it in, received Rds. 13,000 only, leaving me a
loser of Rds. 6,600, the deprivation of which for such a length
of time, together with all the above-mentioned and many
other casualties, have reduced me to such pecuniary want,
that I am unable to satisfy the claims of my Creditors, and
after all my labour and industry and every personal fatigue
and inconvenience, I see myself threatened with poverty and
distress.
I have too much confidence in the justice and benevolence
of His Excellency and of every Member of the British Grovern-
ment to suppose they would passively witness the ruin of an
industrious tradesman with a numerous family, through losses
sustained in the service of Government, and in exertions to
comply as an honest man with his engagements to the satis-
faction of his Employers, without any fault, neglect, or want
of precaution on his part. I therefore submit the above
Becm^ds of the Cape Colony. 95
Statement of facts to His Excellency's consideration, and
requesting your kind recommendation of my case and your
apology for the liberty I have taken in occupying so much of
your time.
A true extract.
(Signed) Richd. Plasket, Secretary to Government.
[Enclosure 3 in the above.]
LiESBEEK Cottage, 9^^ July 1825.
Sib, — ^Your letter of the 5th Instant was not delivered to me
till this day. With respect to Mr. H. Schutte's representation
on the subject of the Light House I beg to say that I have a
very imperfect recollection of the circumstance, but I think,
objection was made to the want of accommodation for a light
house keeper in the first plan, and that in consequence some
alteration was directed, but I am unable to speak with precision
on this point. I have &c.
(Signed) C. Bird,
To the Secretary to Government.
[tlnclosure 4 in the above.]
Colonial Office, \4tih Jvly 1825. |
Sm, — I have submitted to Colonel Bird late Colonial Secre-
tary according to your request, an Extract of the letter which
you addressed to me under date the 28th April last, relative
to the alteration stated to have been made in the original plan
of the Light House, and having received a reply from Colonel
Bird, I am directed by His Excellency the Grovemor to forward
to you Copy thereof, and to state, that His Excellency does
not conceive Himself warranted, upon such very loose authority,
to order any additional Sum to be paid to you on that account.
I am &c.
(Signed) Richd. Plasket, Secretary to Grovemment.
Mr. H. F. Schutte.
96 Records of the Cape Colony,
[Enclosure 5 in the above.]
Cape Town, 5tfe Ati^u8t 1825.
Sir, — In reply to your letter of the 14th Ultimo with its
enclosure from Colonel Bird, I respectfully take the liberty to
say, that when I referred to that Gentleman respecting the
deviation from the original plan of the Light House, it was
under the impression that all the circumstances were still in his
remembrance ; but as such is not the case, I now beg leave to
lay before you, for His Excellency's information, the enclosed
plan which I trust will set the point entirely at rest, and which
only requires a few explanations in elucidation. The Figures
A, B, and C are the Plan, Elevation and section of the Light
House as contracted for, the figure D the section of the Build-
ing as it stands. The former, it will be seen, was to have been
solid excepting a winding stair.
The latter is hollow, containing apartments for a Light
House keeper on three stories, besides the ground floor. The
three floors are composed of beams covered above with mason
work and ceiled below so as to be fire proof. In the former
the Lanterns would have stood on a solid body, but this not
being the case in the latter, it was necessary to support and
secure them both underneath and collaterally with strong and
expensive Iron work, which as far as it is not concealed in the
building is pointed out at A. A. A. besides heavy bands round
the Domes. The stairs and other alterations, the figure D
sufficiently shews, and I have only to add that it cannot for a
moment be supposed that I would proceed to such an immensely
expensive deviation, without authority, and for which I trust
the latter part of the late Colonial Secretary's letter, although
not circumstantial, is, in conjunction with the enclosed self
evident document, a full and most satisfactory Voucher. Before
I conclude, I further take the liberty to say, that although His
Excellency may not feel warranted in allowing any positive
remuneration for the severe and heavy losses I suffered in the
progress of this work, through the violent storms in the winter
of 1822, as I have before stated, I hope however that at least
they will not be lost sight of in prescribing the Sum His Excel-
Records of the Cape Colony, 97
lency may be pleased to order me on account of the alteration
from the original plan. I am &c.
(Signed) H. Schutte.
Sir Kichard Flasket, Secretary to Government.
[It cannot be necessary to give the plans referred to.]
[Office Copy.]
LeUer from Eakl Bathubst to Lord Charles Somerset.
DowmNO Street, Lohdov, 18 September 1825.
My Lord, — ^I transmit to yonr Excellency copies of a letter
and of its Enclosures which have been received from the Admi-
ralty on the subject of a grant of Land made provisionally to
Sir Jahleel Brenton in 1820, and which upon a suggestion from
the Navy Board, the Lords Comnussioners of the Admiralty
have recommended should be given in absolute grant to the
Naval Department, as it appears that the possession of the
spot in question is likely to prove of material advantage to the
public Service at some future period ; I have only to desire
that your Lordship will take measures, provided there shall
appear no objections, for complying with the recommendation
of the Lords of the Admiralty. I have &c.
(Signed) Bathurst.
./ [Original.]
Memorial of Mr. John Fournier.
To His Majesty's Principal Secretary of State for the Colonies.
The Memorial of the undersigned John Fournier, formerly
Midshipman in His Majesty's Royal Navy, Humbly Sheweth
That your Memorialist entered the Royal Navy as Midship-
man on the 2nd of Januaiy 1809, and continued his Services
therein until the 15th of August 1817, comprising a period of
xxm. H
98 Recw^ds of the Cape Colony.
above eight years, when your Memorialist was discharged sick
to the Royal Naval Hospital at Davenport.
Your Memorialist has certificates of his good conduct from
Captain Sir Michael Seymour, Baronet, under whom he had
the (honour ?) of serving five years and eight months. And
also from Captains Walker and Broughton for nearly the
remaining portion of his time. Your MemoriaUst was dis-
charged from the Royal Naval Hospital at Davenport afflicted
with a deafness which was then increasing upon him. This
together with the reduction of the Royal Navy to the Peace
establishment necessitated him to give up the service.
That your Memorialist then despairing of his being enabled
to earn a livelihood in his native Country, emigrated, in the
year 1819, to the Cape of Good Hope, where, after toiling nearly
five years to no purpose, he was reduced, in consequence of
his not having experienced that protection from the authorities
which he had reasonably expected, to the necessity of parting
with everything that he possessed to extricate himself from
his difficulties and return to this Country.
Your Memorialist humbly begs leave to lay before your
Lordship a duplicate of the statement which he presented to
His Majesty's Commissioners of Enquiry at Cape Town, for the
purpose of having it authenticated and transmitted to your
Lordship, whom he humbly solicits for your Lordship's atten-
tion to the particulars therein mentioned, which have been
already principally proved before Messrs. Hayward and Marsh,
who were appointed to look into the case, which they decided
wholly in his favor.
Your Memorialist, since his return to England has unfortu-
nately been unable to procure any situation to earn himself a
sustenance, and has therefore been, and still is obUged, to
depend entirely upon his Mother at No. 3 Upper Crescent, Bath,
who from the severe losses which she has lately experienced
will (sic) able to afford it.
Your Memorialist, therefore, from abject distress, humbly
prays that the length of time which he served in His Majesty's
Navy, the deafness brought on gradually in the course of such
Service, together with the various hardships and distresses
endured by him at the Cape, more particularly set forth in the
said statement, may be taken into your Lordship's considera-
Secords of the Cape Colony. 99
tion, and something as a relief and compensation bestowed on
your Memorialist, so as to enable him to earn his own livelihood.
And your Memorialist as in duty bound will ever pray &c., &c.
(Signed) John Fournieu.
No. 2, Lancaster Coubt, Strand,
ISth of September 1825.
[Office Copy.]
Letter from Eabl Bathurst to Lord Charles Somerset.
Downing Street, London, 19^^ September 1825.
My Lord, — I have to acknowledge the receipt of your
Lordship's dispatches No. 163 and No. 169 dated 28th of
April and 27th of May last, reporting that a defalcation
in the Revenue had been discovered amounting to up-
wards of 36,000 Rix Dollars, and enclosing the report of
the Civil Auditor General, whom you had called upon to afford
the necessary information respecting the same.
It is with much concern that I have received the intelligence
of a transaction so deeply implicating the character of a Public
Officer in your Lordship's Government, and that its discovery
should have been followed by so horrible an event.
I cannot avoid expressing to your Lordship my extreme
surprise that so long a period should have elapsed, since the
misappUcation of the sum in question, without any circum-
stance having occurred to lead to the detection of the Defaulter,
as it proves the existence of very considerable negligence on
the part of the Revenue Officers as well as great irregularity in
the present system of accounts.
Major Monroe's conduct in this affair, from having certified
to the correctness of the Receiver General's Accounts at a
time when they must have been any thing but accurate, leads
to the suspicion that he could hardly have been ignorant of
the fraud which had been practised upon the Government, and
I am therefore to request that your Lordship will call upon him,
if still at the Cape, to explain his conduct, and in the event of
his having quitted the Colony, that you will obtain such informa-
tion respecting him, as may enable me to pursue the Enquiry.
H 2
100 Records of the Cape Colony.
I have to convey to your Lordship my approbation of the
course which you have taken on the present occasion for
securing the interests of the Government by distraining on
the property of the deceased to the amount for which he had
rendered himself responsible, and for your considerate for-
bearance in not requiring the interest on such account, as it
would have proved the utter ruin of his innocent family. I am
also happy to learn that his property will be fully sufficient to
liquidate his debt to the Grovemment.
I cannot conclude this dispatch without noticing that, as
observed by your Lordship, all these disgraceful transactions
took place, before your Lordship assumed the Grovemment of
the Cape.
I have &c.
(Signed) Bathubst.
[Office Copy.]
Letter from R. W. Hay, Esqre., to Sir R. Flasket.
Downing Street, London, l^ih September 1825.
Sir, — Having laid before Earl Bathurst your letter of the
24th of May last addressed to Mr. Horton covering an order
to the Agent for the Cape of Grood Hope to provide a Clock
for each of the Churches in the Capitals of the Country Districts
in the Interior and two Bells for the Church in Albany, I am
to acquaint you, for the information of Lord Charles Somerset,
that the expence of providing these Articles should fall upon
the Colonial Government. I have &c.
(Signed) R. W. Hay.
[Copy.]
Letter from the Court of Justice to the Secretary to Government.
Cape Town, 19^ September 1825.
Sir, — Having received by the last Country Post from Mr.
Borcherds, who is now on the circuit and who together with
Records of the Cape Colony. 101
Mr. P. J. Truter composed the Commission of Circuit in the
year 1823, a Report on the complaint of Benjamin Wilmot
mentioned in the two letters from the Colonial Office to this
Court dated the 8th July and 12th September last, we have
now the honor to transmit, for the information of His Excellency
the Governor and Commander in Chief, a translation of said
Report, with the Documents relating thereto, namely the com-
plaint of Benjamin Wilmot and an extract from the Records
of that Commission all mentioned Lit. A, B, and C.
We have &c.
(Signed) W. Hiddingh.
By order of the Court.
(Signed) D. F. Berrange, Secretary;
[Copy.]
Memorial of Mrs. Jane Erith.
Cape Town, September IQth 1825.
To His Excellency General the Right Honorable Lord Charles
Henry Somerset, Grovemor of the Cape of Good Hope,
&c., &c., &c.
May it please Your Excellency.
The Memorial of Jane Erith Humbly Sheweth
That your Excellency was pleased on the 16th ultimo to
comply with her Petition for a free Passage to England.
Memorialist having heard there is a Government Ship in
Simon's Bay, has now humbly to request your Excellency will
permit her to return. Memorialist wishing from various causes
to see her children placed under the protection of her
friends.
Memorialist has also to request your Excellency will be
pleased to order her the surplus of her reimbursements on the
cattle in order to provide her children such clothing as is
requisite for so long a voyage, and to defray the few trifling
102 Records of the Cape Colony,
charges that stand against her in Cape Town. And Memorialist
will ever pray.
(Signed) Jane Erith.
[Office Copy.]
Letter from R. W. Hay, Esqbe., to Sir R. Flasket.
Downing Stbeet, London, 20th September 1825.
Sir, — I am directed by Earl Bathurst to request that you
will furnish me with any information which you may be able
to obtain respecting the fate of Mr. Duckitt, an Agriculturist
who is understood to have been sent out to the Cape by the
Government about 25 years ago, and of whom some indirect
Intelligence has been received by his friends in this Country
which occasions apprehensions as to his not being now in
existence. I have &c.
(Signed) R. W. Hay.
[Copy.]
Letter from Sir John Truter to Lord Charles Somerset.
Cafe Town, September 20ih 1825.
My Lord, — I have the honor to acknowledge the receipt of
your Letter of the 8th Instant, in answer to jny solicitation to
withdraw from the public Service. And in respectful reply
I beg leave to say, that under the circumstances stated in
Your Excellency's Letter, considering the many flattering
remarks of approbation with which I have been honored by
His Majesty's Government, I do not feel at liberty to resist
Your Excellency's wish to continue to fill my Office until the
period specified in Your Excellency's Letter, in hopes that I
may be able to perform the duties thereof to Your satisfaction
and that of His Majesty's Government. I have &c.
(Signed) J. A. Truter.
Records of tJie Cape Colony, 103
[Copy.]
Letter from Merchants in Capetotmi to Lord Charles
Somerset.
Cape Town, 20 September 1825.
My Lord, — ^A favourable opportunity presenting itself for
England, we do ourselves the honour to transmit to your
Excellency the Petition to His Majesty, for the repeal of the
Ordinance of the 6th of June last, bearing upwards of two
thousand signatures affixed thereto, although the very great
extent of the country and scattered state of the population
have still prevented our receiving several lists forwarded to
the distant districts for signatures.
We therefore beg leave to solicit your Lordship's most
particular attention to the subject of that Petition, and con-
fidently hope, from the interest which your Lordship has
evinced, and the kind protection your Lordship has given to
every discussion connected with this subject, that nothing
further need be urged to call forth your Lordship's support to
a Petition couched in the most respectful terms, and praying
for nothing but what the inhabitants of this colony may expect
from the liberality and justice of our gracious Sovereign.
We have &c.
(Signed) W. Hawkins, Chairman,
P. L. Clobte,
E. Bbrgh^
J. J. L. Smuts,
A. Chiappini,
J. A. JOUBERT,
H. G. MUNTINGH,
J. F. Beck,
J. J. VAN DEN Berg,
H. Ross,
S. TWYCROSS,
W. Robertson,
J. H. Neethling,
G. H. Maasdorp,
H. Cloete Lawce. Son, Secretary
104 Becoi'ds of the Cape Colony.
[Copy.]
Letter from Mrs. Jane Erith to the Commissioners of
Enquiry.
Cape Town, September 20th 1825.
Gentlemen, — I would not have taken the liberty of intruding
upon your time, and for which I beg to apologise, but it is the
particular wish of my friends in Cape Town, who (Consider the
case so extremely harsh and severe, that I should lay it before
His Majesty's Commissioners of Enquiry, and which I shall
endeavour to do as briefly as possible. As also that I consider
myself justified in refusing all further Monthly Reimbursements,
it being Mr. Erith's Property. I have &c.
(Signed) Jane Erith.
Case.
On the first day of August finding I could get no further
Reimbursement of our Property — or the Deposit Money —
from the Colonial Government, and not being able to support
my Family, I memorialized His Excellency the Governor in
Council for a free Passage to England, and to be allowed
Rations till we left. Receiving no answer, I was compelled on
the 4th, 8th, 11th and 13th ultimo to severally address His
Excellency again. On the 16th an answer arrived granting
" a free passage to England by the first Government Ship
bound to that Country," but silent on the Subject of Rations.
On the 17th I was again compelled to write to His Excellency.
On the 18th I was informed that an official Letter had been
sent to His Majesty's Fiscal, and that myself and Family were
to have the usage of Distressed British Subjects. On the 19th
His Majesty's Fiscal informed me he knew of no such usage,
but, if I would call 3 days hence he would give me a positive
answer. On the 22nd the answer returned by him was, " The
Usage is Nothing."
On the 23rd I submitted the Fiscal's answer to His Excellency,
when on the 3rd of this Month His Excellency acknowledged
Mr. Erith's claim for Caffre Cattle (27 Head of^ Cows, 4 Oxen
and 2 Horses) and directed the Family to be allowed 30 Rds.
Records of the Cape Colony. 105
per Month. On the receipt of the first Instalment I represented
to the Secretary to Government the utter impossibility of so
small a sum being adequate to support a Family of 5 Persons
for one Month, but could I find means to supply their other
expenses I would, if not, I trusted upon representation my
Rent (15 Bds.) would be allowed. Finding on the 16th, after
using every exertion, it was in vain to contend with impos-
sibilities, I informed the Secretary to Government that my
Finances were closed, and hoped the Request for Rent would
be complied with, which was refused. On the 17th I requested
His Excellency would seriously consider my Family and grant
the request, but was answered I should have no further assis-
tance until the 3rd of the next month. I have &c.
(Signed) Jane Erith.
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst.
Cape of Good Hope, 21 Septernber 1825.
My Lord, — I have the honour to transmit to your Lordship
a Petition to The King's most Excellent Majesty, signed by
upwards of two thousand of the principal Proprietors and other
Residents in this Colony, and transmitted to me by a Com-
mittee appointed for that purpose, in a letter of which the
enclosed is a copy, praying, for the reasons therein set forth,
that the Ordinance issued by this Government, under date the
6 June last, by which the value of the paper RixdoUar was fixed
at eighteen pence sterling, should be repealed.
In forwarding this Petition to your Lordship, it becomes
necessary for me to refer to my dispatch under date 23 July
last, No. 202, and which I have already sent in duplicate, as
explanatory of that part of the petition which relates to the
non-cancelling of the five hundred thousand rixdoUars loan
fund, as fast as the amount was repaid to government.
I have also to refer your Lordship to the Government Minute
issued by me under date 28 June last, as per annexed copy,
by which the bank, and the local authorities in the several dis-
106 Records of the Cape Colony.
tricts of the colony, were authorized, until further orders, to
give paper rixdoUars in exchange for silver, at the rate fixed by
the Ordinance above mentioned.
This measure, as I had anticipated, although attended with
most beneficial results as to calming the minds and feelings of
the inhabitants, has had no other consequences ; and I only
now allude to it with the view of pointing out to your Lordship,
that should His Majesty's government feel disposed to make
any alteration whatever in the rate at which the rixdoUar has
been fixed, the provisions of that Minute will prevent any
claims being set up by individuals on account of supposed
losses or hardships sustained by them during the period which
has intervened and which may intervene between the date of
the Ordinance and the Act which may promulgate any change
that His Majesty's government may determine on, in as far as
it is left to the option of every one to invest their funds either
in paper rixdoUars or silver.
I have also the honour to enclose to your Lordship, copy of
a letter which I have received from the President and Members
of the Orphan Chamber in this colony, relative to the eflEect
which the above-mentioned Ordinance will have upon the
interests of the orphans and others whose property is adminis-
tered by that Board. I have &c.
(Signed) Chables Henry Somerset.
[Enclosure in the above.]
To the KING'S Most Excellent Majesty,
The humble Petition of the Freeholders, Mortgagees, Planters
and others interested in fixed and other property in the
Colony of the Cape of Good Hope.
May it please Your Majesty,
We, Your Majesty's loyal subjects. Freeholders, Mortgagees,
Planters and others interested in fixed and other property in
Your Majesty's Colony of the Cape of Good Hope, humbly
approach Your Majesty with the expression of our loyalty and
devotion to Your Majesty's person and government.
We appeal to Your Majesty's paternal feelings, which ensure
Records of the Cape Colony. 107
the extension of Your Majesty's gracious protection equally to
all Your subjects, as well to the weak as to the powerful, to
those in the most remote parts of Your empire as to those
nearest Your Majesty's throne.
We humbly beg to lay our case at Your Majesty's feet, in
the confidence that it is only necessary to place it under Your
Majesty's view, in order to obtain protection for our just rights,
and security for our property.
We beg leave humbly to state, that we hold our freeholds,
farms, houses, and other property of whatsoever nature, by
inheritance, purchase, or other legal titles, and that our rights
and privileges were secured to us by the capitulation of the
10th January 1806.
It is not however upon the articles of that capitulation,
which can only relate to a certain portion of the Petitioners,
that we appeal to Your Majesty, but, relying on those prin-
ciples of justice and liberality which have manifested them-
selves in every act of Your Majesty's government, and extend
to all classes of Your Majesty's subjects, we beg leave to crave
Your Majesty's attention to an Ordinance issued by His Excel-
lency the Governor of this Colony in Council, of the 6th of June
last, directing, upon the introduction of silver and other coin
of the British empire into this colony, that the same be received
and deemed a legal tender in discharge of all debts due by and
to individuals, throughout the colony, at and after the rate of
one shilling and sixpence per rixdoUar, Cape paper currency ;
and moreover construing that Ordinance to have a retro-
spective appUcation on all debts contracted and bonds passed
prior to the date of the said Ordinance ; by which measure,
the Petitioners foreseeing the evils arising from such an alarm-
ing reduction of their property, having in vain implored a
repeal of the said Ordinance from His Excellency the Governor
in Council, find themselves compelled to lay their humble
Petition at Your Majesty's feet, and beg leave to state.
That from the first estabUshment of this colony, the Dutch
gold and silver specie were introduced, and continued current
throughout the colony at and after the same rates and value
they bore in Holland, while the usual mode of computation in
all money transactions, debts and contracts, consisted in
reckoning the Cape guilder at 16 stivers Dutch, equal to as
108 Records of the Cape Colony.
many pence British, and a rixdollar of treble that value, or
48 stivers Dutch, or four shillings sterling.
That such mode of calculation governed all transactions, of
whatsoever nature, throughout the colony, was entered speci-
fically in all cases of bonds registered in the public offices, and
became the standard of all purchases and of the value of all
property.
That, however, during the administration of the Grovemor
Joachim van Plettenberg, his Excellency, experiencing the
greatest want of specie in consequence of the war with the
crown of England, after having for a while obtained the loan
of specie from the inhabitants, was compelled in the year 178^
to introduce a coin stamped on parchment, with a pledge,
that it would not only be re-accepted at the same value, but
the whole re-exchanged for the specie then current in the
colony, as. soon as the necessary supplies should be received ;
while at the same time the value of all foreign gold coins then
also circulating in trade was permanently fixed at their relative
value to this stamped currency without any agio or advance,,
and the exportation of any specie strictly prohibited, whereby
that currency was upheld in its full value in relation to gold
and silver.
That in consequence of a want of parchment, the currency
was shortly afterwards stamped on ordinary paper, which was
ordered to be received as lawful money in all transactions, with
the same pledge of redemption as before ; and in the month
of June 1782, similar small notes of two stivers each were issued
under the like directions and conditions : all which several
issues amounted to a sum of Rds. 159,607 6 4 ; so that by limi-
tation in quantity, in adherence to the governing principle of a
well established paper currency, its value was maintained
without the prop of the precious metals.
That the urgent necessities of the government having,
however, in the succeeding years forced additional issues of
paper currency, to an amount of Rds. 925,219, under the
pledges of speedy redemption, these promises were also soon
after fulfilled by the arrival of specie from the mother country,
when an amount of no less than Rds. 825,904 6 was succes-
sively redeemed and destroyed, leaving an insignificant balance
of Rds. 99,315 1 4 in circulation ; which paper, in every
Records of the Cape Colony, 109
transaction throughout the colony, was considered and received
at par, and indiflFerently with the specie before mentioned.
That the increasing difficulties of the colonial government
subsequently produced further issues of paper money, which in
the year 1793 again amounted to a sum of Rds. 895,143 34 ;
when, upon the arrival of their Excellencies the Commissioners
General appointed to examine into all the Dutch East India
affairs, it was by them deemed expedient for the general
welfare to establish a loan bank, and to fix a sum of one million
of paper rixdoUars as adequate to all the wants of the colony ;
and it was accordingly decreed, that the whole amount in circu-
lation should not exceed that sum ; for the security whereof,
the castle of this colony and all its public works and buildings
were pledged, these having been appraised by their Excellencies'
order, and valued, by an official but moderate estimate, at
Rds. 1,161,268.
We beg leave most humbly further to state, that the neces-
sities of the colonial government, occasioned by the continuance
of the war, led to further issues ; so that upon the surrender of
this colony to the British forces on the 16th September 1795,
the paper currency then in circulation was found to amount to
Rds. 1,291,276 42 which, by the capitulation of that date, was
guaranteed to the inhabitants in its full value, and the mort-
gage held by the public upon the government lands and
houses, confirmed, with a further promise to the inhabitants
upon a subject of such importance, to make arrangements
for the further security and eventual liquidation of said
currency.
The colonial paper Money, regulated by limitation as to
quantity, occasionally redeemed and destroyed by issues of
biUs on the mother country, negotiated at the moderate rate of
7 J per cent, as an equivalent to cover the freight and insurance
on specie, and by partial substitution of specie, possessing not
only the credit due to a paper formed by the government,
but strengthened by the collateral security of all the public
works and lands, maintained the full value it was issued to
represent, and moreover passed in exchange with "foreign
countries at a discount barely equal to the charges of transit of
bullion, and even in the ye^r 1797 had acquired more than its
par value in exchange for bills on the British government ;
110 Records of tJie Cape Colony.
which gave rise to successive proclamations, of His Excellency-
Sir James Craig and succeeding British governors, creating an
additional amount of Rds. 495,000 of paper money, under the
like pledges and conditions as the former had been issued by
the Dutch government ; and the aggregate, notwithstanding
the latter considerable augmentation, continued, under the
salutary measures of His Excellency Lord Macartney, to
maintain its original standard value, when, at the restitution
of the colony to the Batavian republic, an amount of
Rds. 1,786,276 42 existed in circulation.
That, during the possession of this colony by the Batavian
republic, a certain portion of the colonial currency was again
destroyed, and other sums created for particular specific pur-
poses, with a pledge of redemption on the fulfilment of the
objects for which the same had been designed ; so that the
British government, upon succeeding to the possession of the
colony in the month of January 1806, found an amount of
Rds. 2,086,000 in circulation, which was guaranteed by the
terms of the capitulation.
We beg leave further humbly to state, that one of the
earliest acts of His Excellency Sir David Baird tended to con-
firm the credit of the colonial currency, by His Excellency's
proclamation, of the 23rd January 1806, fixing and determining
the relative value of the several coins current and introduced in
that colony by the British troops ; which proclamation, in every
instance, rates the Cape skilling of six stivers as equivalent to a
British sterling sixpence, and a Cape rixdoUar of forty-eight
Dutch pence to four shillings sterling.
From that period we beg leave most humbly to state to Your
Majesty, that the aforesaid value of the Cape rixdoUar, upheld
by the proclamations of every succeeding governor of this
colony, continued in every transaction, foreign as well as
internal, as also in exchange for bills negotiated, uniformly ta
represent and was received at four shillings sterling ; although
the balance of trade that existed, or was supposed to exists
through competition produced a premium on bills of exchange
in relation to sterling money, which from the year 1806 to 1810*
fluctuated from 25 to 15 per cent, to the prejudice of the rix-
doUar in transactions with Great Britain, although varying in
commercial intercourse with other countries.
Records of the Cape Colony. Ill
We beg leave however to add, that the facility of thus
creating a circulating medium to meet any real or supposed
exigency of the government, soon led to the creation of an addi-
tioncd Bds. 80,000, for the colonial granary, under the express
declaration, however, that the same would be destroyed by
half yearly repayments, until the whole amount became effaced
from circulation ; but we have nowhere found that this has
been attended to.
That again, between the years 1806 and 1810, certain small
sums were issued to the amount of Rds. 5,082 38 constituting
a total of Bds. 2,171,082 38 then in circulation ; and even this
amount, although it had not received the advantage that would
undoubtedly have accrued from the annihilation of the creations
of the years 1802, 1804, and 1806, and from the redemption
and extinction of that part of the circulating medium com-
prised in the several creations to meet temporary exigencies,
yet, if it had not been further increased, we cannot doubt
would, by a progressive redemption of the existing pledges not
fulfilled, even in all transactions of a foreign or external nature,
have been revived, if not restored, as its exchangeable value
continued to improve by a gradual declension of the premium
in exchange with England to 15 per cent.
We beg leave now to advert to a proclamation of the 14th
June 1810, announcing the intention of augmenting, the
currency, then fully ample to the wants of the country, by a
creation of one million of rixdoUars, whereof five hundred
thousand were then issued.
The disadvantage of such an addition to a circulation already
superabundant, was immediately indicated by a sudden and
continued rise in the foreign exchange from 15 to 45 per cent
and upwards, w;hich not only raised the prices in currency of
all imported commodities indispensable to the cultivator,
thereby increasing the cost of production, but lowered the
value of all colonial produce, of all species of property, the
wages of labour, and the salaries of the great mass of civil
servants paid in a fixed colonial currency, while it pressed
heavily upon the revenue of the colony by the increase of all
those high salaries paid in sterling valuation.
The baneful effects of this over-issue became still more
aparent when, in furtherance of the objects of the said pro-
112 Recm-ds of the Cape Colony,
clamation of the 14th June 1810, the remaining Rds. 500,000
were successively issued in the years 1812, 1813, and 1814,
causing an addition of 50 per cent to a currency already
excessive, thereby temporally diminishing the value of all
property throughout the colony, and producing a concomitant
depreciation, which, in exchange with the mother country,
advanced the premium progressively from 45 to 80 per cent,
thereby still further raising the price of every imported com-
modity indispensable to agriculture as well as (in a dispropor-
tionate degree) those of a consumable nature, and increasing
the cost of production, while the marketable value of produce
was lowered and the revenue of the colony rendered less
efficient by the continually rising amount in currency of those
salaries and expenses of the government paid in sterling
valuation.
We beg leave further most humbly to lay before Your
Majesty, that, deeply as we lamented these results, we were
still buoyed up with the confident hope that when the arrange-
ments of the colonial government were fulfilled, and viewing
that Rds. 500,000 of the last issues had been invested in the
bank fund, yielding a considerable annual interest to the
colonial government, that upon the repayment of these loans,
they would be redeemed and withdrawn from circulation, — a
promise reiterated by His Excellency's Proclamation of the
22nd June 1822, in which His Excellency was pleased to declare
it both desirable and consonant to that guarantee given by the
colonial government to the public, relative to the issue, circu-
lation and value of the paper currency, that a portion should
be from time to time called in and destroyed. In this hope we
were however not only disappointed, but had moreover to
lament that in a series of years, by withdrawing the greater
part of the military forces from this colony and the island of
St. Helena, by the stagnation of all commerce, the fall of
prices in the chief articles of export, and the destruction of
crops during three succeeding years, the balance of payments
became so unfavourable as gradually to increase the exchange
to near 200 per cent premium with Great Britain j thereby
aggravating those evils which we before had experienced in a
minor degree, and rendering the revenue of the colony so
inadequate to meet a most enlarged public expenditure as to
Records of the Gape Colony, 113
entail a system of taxation more oppressive than any ever
before experienced in this colony.
We beg leave however to add, that nothing could shake the
unbounded attachment and loyalty to Your Majesty's govern-
ment, of which we trust unequivocal proofs have been made
manifest to Your Majesty ; and we were led to hope that
Your Majesty's views in relation to the welfare of all Your
Majesty's dominions would soon extend to and relieve the
distresses of this settlement.
In this state of general anxiety, the intelligence, that Your
Majesty had been pleased to command silver and other specie
to be introduced into this colony, was hailed as the first dav/n
of our reviving prosperity.
When, however, on the 6th of June last, the Ordinance of
His Excellency the Governor in Council before mentioned was
promulgated, ordering the said silver specie to be deemed a
legal tender in discharge of all debts, of whatsoever nature,
due by and to individuals in the colony, at the rate of one
shilling and sixpence sterling per rixdoUar, thereby not only
depreciating a coin which was always recognised as equal to
four shiUings sterling, in every colonial transaction, to | of its
original value, but for ever reducing in the same ratio the
whole value of the moveable and immoveable property, as
well as of mortgages through the colony, represented by this
standard, and thereby also rendering permanent and general
the evils which before had been temporarily felt and had been
confined to commercial transactions only ; although it cannot
admit of a doubt that had the redundant currency of this
colony been annihilated in the spirit of the several proclama-
tions that gave rise to the same, the paper money would have
recovered from its depreciated value, and corresponding
advantages would have resulted in regard to all fixed and other
property ; whUe, by the present measure, the colony would be
subjected to a loss of % of the whole of its general wealth.
In the present state of affairs, doubts and apprehensions
have generally spread throughout the community, who now
unite to implore Your Majesty's protection of their property,
as it cannot but be obvious that any standard for the existing
colonial currency different from that at which it has always
been valued and recognised, must affect every interest from the
114 Records of the Cape Colony.
wealthiest proprietor to the poorest orphan, who would all
participate in a loss of nearly forty millions of rixdollars, or
£8,000,000 sterling, of the property of the colony, swallowed
up in the gulf of this Ordinance.
We therefore beg leave humbly to pray, That it may
graciously please Your Majesty to direct a repeal of the
Ordinance of His Excellency the Governor of this colony in
council, of the 6th June last, making British silver money a
legal tender in discharge of all debts due by and to individuals
throughout the colony, at and after the rate of one shilling
and sixpence for every rixdoUar ; and that it may, moreover,
please Your Majesty to direct a redemption of those pledges
under which the paper currency of this colony was successively
created and issued for the exigencies of the Colonial Govern-
ment, and on the faith of which it was received by the public in
lieu of specie, in all their transactions, by gradually and pro-
gressively destrojdng the same ; and that in the meantime the
silver and other specie of the British empire introduced into
this colony may be left to seek and maintain its relative
value in all colonial transactions, until the whole of the paper
currency be withdrawn and eflFaced from circulation.
And Your Majesty's Petitioners, as in duty bound, shall
every pray.
[Signed by 2,115 persons.]
[Office Copy.]
Letter from R. W. Hay, Esqrb., to Messrs. J. and S. Pearcb.
Downing Street, 2\at September 1825.
Gentlemen, — Having laid before Earl Bathurst your letter
of 8th Instant, I am directed to acquaint you in reply that his
Lordship has not yet received any report from the Commis-
sioners of Enquiry at the Cape of Good Hope on the case of
Mr. Lancelot Cooke ; and with regard to that Grentleman's
application to be permitted to return to the Cape of Good
Hope under the specific protection of this Government, I have
only to refer you to the letter which Earl Bathurst directed to
Records of the Cape Colony, 115
be addressed to you on 29th January last, wherein it was
clearly stated that no objection appeared to exist to Mr.
Cooke's return to that Colony. I am &c.
(Signed) R. W. Hay.
[Office Copy.]
Letter from R. W. Hay, Esqre., to Major General Bourkb.
Dow'NiNG Street, 2l8t September 1825.
Sir, — Having laid before Earl Bathurst your letter of 16th
Instant requesting to be informed, in consequence of the
Secretary at War having applied to you for that information,
from what period the Staff pay of your Aid de Camp Major
Ryan should, commence, I am directed by his Lordship to
acquaint you in reply that Major Ryan's pay will commence
from the same date at which your Salary as Lieutenant
Governor will be issued, viz. 16th day of August last.
I have &c.
(Signed) R. W. Hay.
[Office Copy.]
Letter from R. W. Hay, Esqre., to Major General Bourkb.
Colonial Office, 2l8t Septeniber 1825.
Dear Sir, — I have to apologize for not returning -an earlier
answer to your letter of 23rd Ultimo on the subject of the pay
of your Extra Aid de Camp. I have not been able to ascertain
positively whether the mode in which Sir P. Maitland's private
Secretary is borne upon the Establishment of Upper Canada is
precisely that which you have supposed. If it be. Lord
Bathurst sees no objection to the proposition which you have
submitted with respect to the Officer whom you wish to
employ in that capacity, so far as it regards the eventual
assumption by you of the Government of the Cape.
I 2
116 Records of the Cape Colony.
Lord Bathurst desires me to add that he thinks it probable
that the Lieutenant Governor residing in the Eastern District
will have the same indulgence as what may appear to have
been given to Sir P. Maitland, it being intended that the
situation of the former, in relation to the Grovernor in Chief,
should be assimilated as much as possible to that of Sir P.
Maitland in Upper Canada. But in making this communication
to you, I must beg you not to consider the probable Arrange-
ment to which I have above alluded, as being definitively
settled, as it may be necessary for Lord Bathurst to come to a
different decision. I have &c.
(Signed) R. W. Hay.
[Copy.]
Letter from the Commissioner^ of Enquiry to Lieutenant-
Colonel Bird.
Cape Town, 2l8t September 1826.
Sir, — In a letter that we have received from Mr. D'Escury
upon the subject of his situation as Inspector of Grovernment
Lands and Woods, he has suggested to us to refer to you>
relative to a communication that he alleges to have made to
you in the month of January 1823, after an Interview that he
had held with His Excellency Lord Charles Somerset ; we
have the honor to request that you will state to us whether
from the purport of that communication, or any conversation
that you may have had previously or subsequently with Lord
Charles Somerset, you have reason to beUeve that a promise had
been made by His Lordship to appoint Mr. D'Escury to a
vacant seat in the Court of Justice.
Mr. D'Escury having attributed the disappointment of hia
views to his refusal to concur in the nomination of an incom-
petent person as an Assistant in his Office, we have the honor
to request that you would inform us whether it is within your
knowledge that Lord Charles Somerset proposed to Mr.
D'Escury to admit into the office of Inspector of Government
Records of the Cape Colony, 117
Lands and Woods a person who had been His Lordship's
valet, and whether this proposal was rejected by Mr. D'Escury.
We have &c.
(Signed) John Thomas Bigge,
W. M. G. COLEBROOKB.
[Copy.]
Letter from Lieutenant-Colonel Bird to the Commissioners
OF Enquiry.
LiESBBEK Cottage, 22nd September 1825.
Gentlemen, — In reply to the queries proposed to me in your
letter dated yesterday, I have the honor to state to you that I
perfectly recollect Wr. D'Escury having informed me, subse-
quent to an interview he had had with Lord C. Somerset, that
his Lordship had promised to place him in the Court of Justice
in the room of Mr. Mathiessen, who was then expected to retire.
I am not certain as to the period at which this occurred, I
should have placed it considerably prior to January 1823.
I do remember Lord C. Somerset having mentioned to me
more than once his intention of placing Mr. D'Escury in tho
Court of Justice, but he did not inform me that he had promised
Mr. D'Escury so to do. The intention was highly agreeable to
me, as I thought a i)erson of Mr. D'Escury's unbending probity
would be a great acquisition to that Court. It is within my
knowledge that Lord Charles wished to create an appointment
of Assistant Inspector of Lands for his French servant, Mercier
I think the man's name was ; Mr. D'Escury gave his Lordship
great offence by objecting to having such a man placed in his
office. The reasons Mr. D'Escury assigned for his objections
were the man's not understanding one word of English or one
word of the vernacular language of the Colony, and that conse-
quently he must have been totally useless. So great was his
Lordship's irritation on this occasion, that when he had failed
in procuring for him the appointment of assistant astronomer,
and proposed to place him in the office of the Inspector of
118 Bccoi'ds of the Cape Colons/.
Slave Registry, I advised the Inspector, to whom the measure
was naturally very obnoxious, not to object to receiving him,
as he was inclined to do, as it would give great offence to Lord
Charles, as it had done in the case of Mr. D'Escury ; Mercier
was therefore placed in Major Rogers' department. The above
was however not the only circumstance, as respected Mr.
D'Escury, which caused Lord Charles Somerset to withdraw
from him the countenance his Lordship had antecedently given
to his very laborious and meritorious exertions. His Lordship
had expressed his high indignation at Mr. D'Escury not having
permitted Mrs. D'Escury to dine at Government House in con-
sequence of her visit not having been returned by Lady Charles.
I have still in my possession a note from Lord Charles, in which
he says, in allusion to that circumstance, " it is well I did not
put a person of so little judgment " (or something to that
effect) " into the Court of Justice." This I now adduce as a
proof of Lord Charles' intention so to have placed him. I never
mentioned this anecdote to Mr. D'Escury. I have, &c.
(Signed) C. Bird.
[Copy.]
Letter from a Committee at the Cape of Good Hope to Eabl
Bathurst.
Town House, Cape Town,
Cape of Good Hope, 22nd September 1825.
My Lord, — After a lapse of several years, during which the
principal native inhabitants of this colony, and others long
resident and settled here, had already experienced the most
serious disadvantages, as regards their respective inheritances
and possessions, by the fluctuations occasioned by a redundant
circulating medium, consisting entirely of a colonial stamped
paper currency, and at a time too when their previously well-
grounded confidence in the justice and liberal views of His
Majesty's government towards their interests had received
additional force from the presence of Commissioners expressly
Records of the Gape Colony. 11^
delegated by His Majesty to investigate into all matters con-
nected with the local circumstances and revenues of the colony,
their just expectations were at once frustrated and their pro-
spects menaced by an Ordinance of His Excellency the Governor
of this Colony in Council, promulgated on the 6th June last,
making British silver and other money a legal tender in dis-
charge of all debts due by and to individuals and the govern-
ment, at the rate of one shilling and sixpence sterling for every
rixdoUar, and so in proportion for any greater or lesser sum.
This law, involving a subtraction of five-eighths of property
from the legal holders, excited a general and grievous con-
sternation ; and a large concourse of freeholders, mortgagees,
guardians of property of foreigners and minors, immediately
took place, who resolved to pray from His Excellency in
Council a suspension of the above Ordinance, until His Majesty's
pleasure should have been more clearly ascertained. Although,
their prayer was not acceded to, the confusion and disorder
created by that Ordinance were however of such a nature as
to lead to a subsequent government advertisement on the
28th June, by which the government loan-bank was opened to
re-accept for paper the silver and other coins issued under the
before-mentioned Ordinance, by which much of those evils has
been temporarily guarded against ; while on the 14th June, a
larger meeting of freeholders, colonists, and others interested,
than was ever before witnessed in this colony, convened under
the sanction of government, took place in the Town House,
where we were duly elected to advocate the general interests on
a subject of such vital importance ; and more particularly to
collect the necessary information, and prepare a Petition to His
Majesty for a repeal of the above Ordinance.
In the fulfilment of those duties, experiencing, from the
multiplicity of documents and the references connected with
this subject, the impossibility of submitting all those con-
siderations within the accustomed limits of a petition to His
Majesty, we have deemed it most expedient to address your
Lordship, to whom the welfare of His Majesty's colonies is
more immediately entrusted, and to implore your Lordship's
kind attention to and support of a cause from which so large
a portion of the property within this colony depends ; and we
trust we shall be excused for any seeming prolixity in venturing
120 Records of the Cape Colony.
to give your Lordship a full and comprehensive view of every
particular of our grievances.
In tracing the origin, and substitution in lieu of the precious
metals, of our colonial currency, we are not without the hope
of having accomplished our object, which was to point out the
positive assurances and pledges of every government, for the
last forty-three years, as to the full value of this currency, and
feel thus still buoyed up with the confidence of a repeal of this
Ordinance, and of the adoption, by His Majesty's ministers, of
measures more equitable and less detrimental to our interests
and properties.
When this currency was first introduced by the then Governor
Joachim van Plettenberg, in the year 1782, the pledges of the
government of that day were so solemnly given to the public,
that we cannot refrain from quoting the precise words of his
Proclamation ; viz.
'' We having been compelled to introduce a coin stamped on
parchment, and issued by government ; the same shall not
only be re-accepted at the same value, but the whole re-exchanged
for the specie usvully current in the colony, as soon as the
necessary supplies shall have been received by government.
" We do therefore order and direct all and every inhabitant
to accept the aforesaid parchment coin as good and lawful
cash, in all their transactions, until the same shall be re-
exchanged by the honourable East India Company ; so that
no person shall venture to refuse accepting the same in payment,
under any pretext whatever, on pain of being prosecuted
according to the merits of the case." And the legitimate value
of this coin, thus issued for the wants and received upon this
pledge and the credit of the government, was further upheld
by the Proclamation of the same Governor, of the 23rd Sep-
tember 1782, by which it was strictly prohibited " that any
person in possession of gold or silver coin should exchange the
same with any the least advance, agio or addition, for paper
currency, such having the effect of contributing towards the
depreciation of the paper currency."
Without dwelling any further upon the several creations^
substitutions by specie, and partial destructions of this paper
currency, as these are more particularly enumerated in the
petition to His Majesty, it will be sufficient here to state to
Records of the Cape Colony, 121
your Lordship, that an amount of 2,086,000 rixdollars existed
in circulation at the surrender of the colony to His Majesty's
forces in January 1806, which amount was guaranteed to the
inhabitants by the Articles of that Capitulation.
That this amount was, however, soon after increased ; and
by various further issues appears to consist as follows :
Rds. iU.
Ist. — Capital of the Lombard Bank on loan upon the
mortgages of the estates of individuals . . 995,000 0
2nd. — Creation for rice in 1802, under pledge to be
destroyed 80,000 0
3rd>-0f a sum of 300,000 rixdollars, created in 1804,
{hedged to be destroyed, of which, including
the sum withdrawn by ordinance of the 27th
June last, 60,000 rixdollars have been de-
stroyed, leaves 240,000 0
4th. — Creation for grain in 1806, pledged to be de-
stroyed 80,000 0
5th. — Amount of various creations for the wants of the
colonial government, for which the govern-
ment became responsible to the public under
security of the government lands, buildings,
&c., according to the 16th article of the capitu-
lation, of the proclamation of and
vai-ious others 716,082 30
6th.— By issue in June 1810 200,000 0
7th.- By a small issue of 122 0
8th. — And by the issue of 4th March 1814, pledged to
be destroyed 500,000 0
9th. — Portion of issue of 1810 for the waterworks,
pledged to be destroyed . . 300,000
Actually destroyed . . . 15,000
285,000 0
Forming a Total in circulation of . . 3,096,204 30
The whole of which is at present current in notes from 1 to
500 rixdollars, and in a large quantity of notes of 1, 2, and
4 skillings ; all of which were originally issued to represent,
and have been received by the public as equivalent to, sixpence
sterling per Cape skilling, and at four shillings sterling for every
rixdollar. This value was thus not only received by the
government upon the issues of the several creations, but it
can only have been received by the public at that valuation
upon the sacred pledges of the government to maintain that
122 Records of the Gape Colony.
value as long as any part thereof continued in circulation ;
and should it be necessary to refer to any edict to confirm this
assertion, it will suffice to quote the 6th, 8th, 9th and 10th
Articles of the Capitulation of the 10th January 1806, the
proclamation of Sir David Baird of 23rd January 1806, that
of the Earl of Caledon of the 29th May 1807, those of Sir John
F. Cradock of the 4th March 1814, and that of His Excellency
Lord Charles Somerset of the 22nd June 1822 ; and these
documents, together with the manifold others on this subject
collected by us from the most authentic sources, and herewith
transmitted to your Lordship, can leave no doubt in the mind
of any impartial person, but that the full value which the
public gave to this currency upon the pledge and guarantee of
the government, should be recognised as long as any part
thereof continued in circulation, particularly when it is con-
sidered that nothing but the over-issue of this currency by the
present British government constitutes the primary cause of
its present depreciation.
We have merely to refer to the foregoing statement, and to
the issues as noticed in the Petition to His Majesty, to confirm
this position. The comparative rate of foreign exchange with
other countries, although no precise, yet in some respects an
infallible sign of the relative value of the circulating medium
of the different countries, will show that in the year 1809, and
thus for several years after the possession of this colony by the
British government, the currency here not only continued to
maintain its credit, but was even (from the favourable aspect
which the colony then bore) fast approximating that full value
at which it was originally issued and received by the public.
We cannot therefore but deeply deplore that in 1810 an increase
to that currency of 50 per cent of the whole amount in circu-
lation should have been resolved upon ; a .measure not only
contrary to the first principles for upholding the value of a
currency, but in that instance taken contrary to the very
marked opinion given by a committee expressly appointed by
the government to inquire into and report upon the state of
the currency of that day, whose Report, dated the 18th January
1808, contained an unequivocal opinion that any increased
issue of paper would immediately and necessarily lead to .its
depreciation. The subsequent issue of one million of rix-
£eco7'ds of the Cape Colony. 123
dollars, created under authority of a dispatch from the Earl of
Liverpool of the 3rd March 1810, granted however upon the
representation of the colonial government, as to the necessity
as well as the propriety of such a measure, lamentably confirmed
the truth of that prophecy, and the rise of the exchange having
proved the depreciation, and continuing to rise in proportion
to every succeeding issue, the reasonable and only conclusion
must necessarily follow, that a gradual destruction of the
overplus of that currency can alone, and certainly will, restore
the value of the remainder.
We beg leave however to add, that although the excessive
issue of this paper constituted the primary cause of its depre-
ciation, it is not the only one, and that in fact the currency is
not depreciated to the full extent, as shown by the late rates
of exchange, which have only been a nominal and not a real
exchange, as regards the internal value of the currency of this
colony compared with that of Great Britain. In confirmation
of this statement, we take the liberty of submitting to your
Lordship's notice, that the value of all property within the
colony, although partially affected by the depreciation of the
currency, has by no means risen in nominal value in proportion
to the rise of exchange, but has been affected solely by the
general state of prosperity or distress within the settlement,
without varying with the fluctuations of the foreign exchanges ;
these fluctuations have been so considerable, often varying
30 or 40 per cent within a month, as clearly to indicate that
other causes must have influenced the same ; as a striking
proof of which, we cannot refrain from recording, that in the
month of June 1822 at a public tender for £10,000 by the
Commissariat, some tenderswere made at 205 per cent premium,
and those of course accepted ; while tenders at the same drawing
have been sent in at 101 per cent premium, these were refused,
although there were not sufficient tenders above that premium
for the £10,000 tendered, which the Commissariat consequently
did not obtain, although it must be supposed that the sum
had been required ; and the effect hereof was such, that
although no tenders were made tor some weeks after, a fall in
the average exchange was still perceptible of near 40 per cent
at the following drawing ; and even at the present moment a
general expectation was entertained, at the period the Ordi-
124 Records of the Cape Colony.
nance of the 6th June was promulgated, that a very considerable
fall in the exchange with England would soon have taken
place.
That this exchange is not a true criterion of the internal value
of the currency is moreover apparent from the very different
rates of exchange existing with other countries, as with Holland,
the continent of Europe, and India, that with the former being
generally 30 or 40 per cent less than with England, and that
with India only 60 to 70 per cent to the discount of the rix-
dollar. Stronger proof need not be alleged to show that other
causes combined to keep up that high exchange with England ;
and we should be ill discharging our sacred duties to the public,
whose interests have been confided to our exertions, were we to
deny that the method pursued by the Commissariat of dis-
posing publicly of their bills on England to the highest bidders,
and that of paying the high offices of the colonial government
in sterling money according to the highest average rates of that
exchange, have mainly contributed to produce this depre-
ciation, and have thereby swallowed up all the resources and
revenues of this colony. The salary, for instance, of £10,000
attached to the situation of civil governor of the colony, has
increased since the last 15 years from 60,000 rixdollars to
136,250 rixdollars per anniim ; and the sterling civil establish-
ment of the colony (not including thus the Cape corps) instead
of requiring 156,931 rixdollars, which at that period met all
the expenses of that establishment, now draws 360,000 rix-
dollars annually from the revenue of the colony. This evil
was further increased by the regulation which fixed the pay-
ment of these salaries, not at the average of the whole of the
public tenders for bills, but the average of the three highest
tenders, by which means any small tender for any insignificant
sum fixed the payment of sums which absorbed the chief
revenue of the colony ; although this regulation, we feel happy
to say, was rescinded by His present Excellency the Governor,
who has fixed the payment of those salaries at the average of
the tenders accepted. These salaries, added to the establish-
ment of a most ex|pensive colonial corps, both of cavalry and
infantry, also paid out of the colonial revenue in currency
according to that high exchange, has so absorbed the income
of the colony, th^at the taxes upon the inhabitants (of
Recm^ds of the Cape Colony, 125
which all the lately arrived settlers are still exempted) from
350,000 rixdollars, which in the year 1806 were fully ample to
meet all the expenses of the colonial government, have now
been increased to nearly two millions of rixdollars per annum,
and have yet been found during the last two years totally
inadequate to answer the demands upon the treasury for the
payment of those high sterhng salaries of a daily increasing
civil establishment, of a most expensive colonial corps, and of
enormous contingent disbursements : so that the necessity
which the colonial government has lately been under to effect
loans from various quarters to meet its jnost pressing wants,
fully evinces the truth of this statement ; as this state of the
colonial treasury has not only absorbed a surplus revenue of
1,143,678 rixdollars, which, up to the year 1824, appeared to
have accrued to government, but has rendered this government
indebted to a very large amount, both to the home government
and the commissariat, for advances lately made. Several other
secondary causes have also served to increase the evils arising
from the high rate of exchange with England, and the conse-
quent depreciation of the paper currency ; one of which con-
sisted in the method adopted by the commissariat to make
their bills payable only to persons in England, although they
were paid for by persons here, and therefore were, and ought to
be considered as the unquestionable property of the tenderers
(as appears in the Gazettes of 1817) by which the means of
keeping down the exchange, by enabling the persons receiving
bills to accommodate third persons here, was effectually and
unfairly prevented. These measures, together with the stag-
nation of all trade, the restrictions on some articles of exports,
and various other causes arising from the distressed state of
this settlement within the last few years, have considerably
increased these evils, although the causes of depi:eciation
cannot be ascribed thereto only, the exchange with England
having already risen to 130 and 140 per cent during the years
of greatest prosperity of the colony ; but they have no doubt
co-operated to bring this colony to a condition now calling for
the immediate assistance of His Majesty's paternal Grovern-
ment, which has given us ample proofs that it only wishes to
become clearly acquainted with the causes of our distress, to
alleviate, instead of perpetuating the same. In us it would
12^ Records of the Cape Colony.
appear presumptuous to suggest the modes best calculated to
remedy these evils ; they will be best perceived and felt by
merely weighing their true causes, and removing these. The
most apparent, however, appear to consist in a speedy destruc-
tion of the currency created since the year 1806, pledged to be
destroyed, and the subsequent annihilation of the payments of
interest and instalments as they become due by individuals to
the government loan bank, after defraying the expenses of that
establishment ; in fixing the salaries of the civil servants paid
in sterling at a definite amount in colonial currency ; and in
relieving the colony from the burthen pressing upon it by the
payment of the colonial corps out of the revenue of the colony.
We cannot but entertain the most sanguine expectation that
the pursuance of these simple methods would in the course of a
very few years materially improve, if not fully restore the value
of the colonial currency, and enable the colonial government to
redeem its pledges with every appearance of good faith and
justice towards the public.
For more minute particulars we only beg to refer your Lord-
ship to Lieutenant-Colonel C. Bird, who has been especially
appointed by us for the purpose of convejdng to your Lordship
and His Majesty's Government all the information obtainable
on this subject, in whose talents and knowledge of these matters
we have placed the most imphcit reliance. We have, &c.
(Signed) W. Hawkins, Chairman
P. L. Cloete, jun.
J. J. Smuts
Hamilton Ross
J. J. VAN DEN BeBG
J. A. JOUBERT
W. Robertson
J. F. Beck
H. G. Muntingh
Stephen Twycross
G. Bergh
G. H. Maasdorp
J. Neethling
H. Cloete, jun., Secretary.
'Records of^the Cape Colony. 127
[Office Copy.]
Letter from R. W. Hay, Esqre., to J. Barrow, Esqre.
Downing Street, 23 September 1825.
Sir, — With reference to your letter of 16th Instant stating
that directions would be given to the Captain of His Majesty's
Ship Helicon to accommodate Mr. Blair with a Passage ijfi that
Vessel to the Cape of Good Hope in pursuance of Lord Bathurst's
request contained in my letter of 15th Instant, I am directed
by his Lordship to acquaint you for the information of the
Lords Commissioners of the Admiralty that as Mr. Blair has
been given to understand that he will be expected to remunerate
the Captain of the Helicon for his accommodation during the
voyage according to the usual rate in such instances, it will not
be necessary that any measures should be taken by the diflFerent
Departments on the subject. I am &c.
(Signed) R. W. Hay.
[Office Copy.]
Letter from R. W. Hay, Esqre., to G. Harrison, Esqre.
Downing Stbeet, 2Zrd September 1825.
Sir, — It having been judged expedient that a third Member
should be appointed to the Commission of Enquiry at present
employed at the Cape of Good Hope, I am directed by Earl
Bathurst to acquaint you for the information of the Lords Com-
missioners of His Majesty's Treasury that Mr. Blair has been
nominated to that appointment ; and I am at the same time
to request that you will move their Lordships to give directions
for the issue to Mr. Blair of £1000 as Outfit Money, being the
same allowance which was formerly granted for this purpose to
the two other Members of the Commission. I am &c.
(Signed) R. W. Hay.
128 Records of the Cape Colony,
[Original.]
l'^ Letter from Lord Charles Somerset to Earl Bathxtrst.
Cape of Good Hope, 24 September 1825.
My Lord, — Having submitted to the consideration of Council
Your Lordship's Despatch under date the 8th February last
No. 139, with the accompanying Draft of an Order in Council
which had been passed for the amehoration of the Slaves in
the Island of Trinidad, and copies of two subsequent Pro-
clamations which had been issued in that Island for modifying
and explaining the same, I have now the honor to submit for
Your Lordship's approval the Draft of an Order in Council for
the ameUotation of the Slave population in this Colony, drawn
up as nearly as local circumstances would admit, in the spirit
of the Trinidad order.
I beg leave also to forward at the same time, a note explana-
tory of the reasons which have induced the Council to deviate
in some points from the Regulations laid down for the Island
of Trinidad. I have, &c.
(Signed) Charles Henry Somerset.
[Enclosure 1 in the above.]
Extracts from the Proceedings of His Excellency the Governor
in Council, at the Cape of Good Hope.
[Enclosure 2 in the above.]
Draft of Ordinance of the Governor in Council for improving
the condition of the Slaves at the Cape of Good Hope.
1. Whereas the propagation of Christianity and the general
diflFusion of religious Instruction amongst Slaves will tend,,
beyond any other measure, to promote moraUty amongst them,
and to improve their condition and conduct : — And whereas it
is necessary that provision should be made for the regular
attainment of these objects in His Majesty's Colony at the
Cape of Good Hope.
And whereas the Inspector of Slave Registry in the said
Records of the Cape Colony. 129
Colony hath hitherto acted as the Recorder of the Bights and
Privileges of the Slave Population, His Majesty is therefore
pleased, by and with the advice of His Privy Council, to order,
and it is hereby ordered, that the Inspector of Slave Registry
at the Cape of Grood Hope shall be, and he is hereby appointed-
Registrar and Guardian of Slaves in the said Colony, and that,
as such Registrar and Guardian of Slaves, he shall receive and
be paid, at the time and in the manner hereinafter mentioned,
such Salary as BUs Majesty shall be pleased to appoint, and
that such Salary shall (Commence from and after the ....
day of .... in the year . . . . ; and that on or before that
day, if possible, or if not then, so soon after as conveniently
may be the said Registrar and Guardian of Slaves shall appear
before the Grovernor or Acting Grovemor for the time being of
the said Colony, and in His presence shall take and subscribe
an oath in the following words, that is to say : " I, A. B., do
swear that I will to the best of my knowledge and ability
faithfully execute and perform the duties of the Office of
Registrar and Guardian of Slaves at the Cape of Grood Hope,
without fear, favour or partiality."
So help me Grod !
Provided, nevertheless, and it is hereby ordered, that nothing
herein contained shall extend to prevent HKs Majesty from
disuniting the Office of Guardian of Slaves from the Office of
Registrar of Slaves, and from appointing a distinct and separate
Officer to act as, and to be Guardian of Slaves, in case His
Majesty should see fit so to do.
2. And it is hereby further ordered that the said Registrar
and Guardian of Slaves shall establish and keep an Office in
Cape Town in the said Colony, and shall regularly attend to
such Office on such days, and during such hours of the day as
the Governor or Acting Governor of the said Colony by any
general or special orders, to be by Him from time to time
issued, may appoint ; and shall at such Office and not else*
where, keep, deposit and preserve the several Records, Books,
Papers and Writings hereinafter directed to be kept by him.
3. And it is further ordered, that the said Registrar and
Guardian of Slaves shall not be the Owner or Proprietor of any
Slaves or Slave employed or worked upon any Estate, or in
any kind of Agriculture, and shall not have any share or
xxm. K
130 Rfxords of the Cape Colony.
interest in, or any mortgage or security upon any such Estate,
Slaves, or Slave and shall and is hereby declared to be incom-
petent to act as, or be the Manager, Overseer, Agent or Attorney
of, for or upon any such Estate within the said Colony or to
act as the Guardian, Trustee or Executor of any Person or
Persons having or being entitled to any such Estate or any
Slaves or Slave ; And in case any such Registrar or Guardian
of Slaves within the said Colony shall have, acquire, hold or
possess, either in his own right, or in the right of his Wife, or
in trust for any other Persons or Person, any Estate situate
within the said Colony, or any Slaves or Slave employed or
worked upon any Estate or in any kind of Agriculture, or any
share or interest in, or any Mortgage or Security upon any
such Estate or Slaves or Slave, or shall act as such Manager,
Overseer, Agent, Attorney, Guardian, Trustee, or Executor, as
aforesaid, he 3hall thenceforth, de facto^ cease to be such
Registrar and Guardian of Slaves, and forfeit such his Salary,
and some other fit and proper Person shall forthwith be
appointed to succeed to the said Office. Provided, neverthe-
less, that aU Acts, which may be done by, or by the order of
any such Registrar and Guardian of Slaves, after any such
avoidance as aforesaid of such his Office, and before the same
shall, by pubUc notice in the Oazette of the said Colony, be
declared void, shall be as vaUd and effectual in the Law, as if
no such avoidance of Office had occurred.
4. And it is further ordered, that the said Registrar and
Guardian of Slaves shall be resident within the said Colony,
and shall not quit the same, without a special Licence, to be
granted for that purpose by His Majesty, through One of His
Principal Secretaries of State, or by the Governor or Acting
Governor for the time being of the said Colony ; and no such
Licence shall in any case be granted for any time exceeding
Six months, nor shall any such Licence be granted by any
such Governor or Acting Governor as aforesaid, unless it shall
^be made to appear to Him, on the Oath of some Medical
Practitioner, that such absence is necessary fot the recovery
of the health of the said Registrar and Guardian of Slaves.
6. And it is further ordered that upon the death or resignation
of the said Registrar and Guardian of Slaves, or in the event
of his sickness, or other bodily or mental incapacity, or during
Records of the Cape Colonij. 131
his temporary absence from the said Colony, it shall be lawful
for the Grovernor or Acting Governor to nominate, and appoint
some other fit and proper Person to act as the Deputy for the
said Registrar and Guardian of Slaves, until His Majesty's
pleasure shall be known ; And the said Deputy shall receive
such allowance to be deducted from and out of the Salary of
the said Registrar and Guardian of Slaves as the Governor, or
Acting GrOvernor for the time being of the said Colony shall be
pleased to appoint. Provided always that no Person shall be
appointed or be competent to act as such Deputy as aforesaid,
who according to the provisions of this Order, would be
incompetent to act as the Registrar and Guardian of Slaves.
Provided also that the Registrar and Guardian of Slaves in
the said Colony shall at all times perform his duty in person,
and not by Deputy, except only in cases in which the Governor
or the Acting Grovernor of the said Colony is hereinbefore
authorised to appoint a Deputy for that purpose.
6. And it is hereby further ordered that the Persons who
now are or may be hereafter appointed to act as Registrars of
Slaves in the several Districts within the said Colony shall be,
so long as the two Offices of Registrar and Guardian of Slaves
may be combined together, and they are hereby declared to be
Assistant Registrars and Guardians of Slaves in their several
and respective Districts, and the said Assistant Registrars and
Guardians of Slaves shaU and are hereby required in their
several and respective Districts to be aiding and assisting the
Registrar and Guardian of Slaves in the execution of the
Powers hereby committed to him ; and for that purpose to
obey and carry into execution such lawful instructions as they
may from time to time receive from him, about or in relation
to the matters herein mentioned, or any of them.
7. And it is hereby further ordered, that in all actions, suits
and prosecutions, which may at any time hereafter be brought
or commenced in any Tribunal or Court of Justice within the
Colony, wherein any Slave may be charged with 8^ny offence,
punishable by death or transportation, or wherein any Question
may arise as to the right of any alledged Slave to freedom, or
wherein any Person may be charged with the Murder of any
Slave, or with any Offence against the Person of any Slave, or
wherein any question may arise respecting the right of any
K 2
132 Secm'ds of the Cape Colxytiy.
Slave to any such Property as he or she is hereinafter declared
competent to acquire, then and in every such Case, such
Notice shall be given to the Registrar and Guardian of Slaves
of every such action, suit or prosecution, as according to the
Law of the said Colony would be given to the said Slave, if he
or she were of free condition. And the Registrar and Guardian
of Slaves shall, and he is hereby required to attend the trial or
hearing, and all other the proceedings in every such action,
suit or prosecution as the Guardian of such Slave, and on his
or her behalf, and to act therein in such manner as may be
most conducive to the benefit and advantage of such Slave.
8. And whereas His Majesty is anxious to make the most
effectual provision for the reUgious instruction and the exercise
of religious Worship of the Slaves in the said Colony, it is
hereby further ordered, that all Sunday Markets shall be
abolished and prohibited and be absolutely unlawful, Provided
always that nothing herein contained shall prevent any
Individual from seDing Vegetables, Meat or other Articles of
provision on a Sunday, except during Divine Service. And it
is further ordered that no Slaves shall be deprived by their
Masters of the right of attending at Church or other place of
religious Worship on Sundays, under a penalty of Twenty
ShilUngs for every such Offence, unless justifiable cause can be
shewn for such prevention.
9. And it is hereby ordered, that Sunday being commanded
in all Christian States to be a day of rest, it shall be illegal to
procure, induce, or compel any Slave to perform or engage in
any labour for the profit of his or her Owner, Manager or
Employer, on the Sabbath day, or for any Slave to hire himself
or herself to work either to his or her Owner or Manager or to
any other Person on the Sabbath day ; and any Person so
offending shall incur and become liable to a fine, not exceeding
Five Pounds Sterling, nor less than One Pound Sterling.
Provided nevertheless that nothing herein contained shall
extend or be construed to extend to any work or labour, which
'any Slave may perform on Sunday in the necessary attendance
upon the person, or in the family of his or her Owner or Em-
ployer, or in the necessary and unavoidable preservation of the
Cattle or live Stock upon any Country Place. Provided
nevertheless and it is hereby declared that in case it shall be
Records of the Cape Colony. 133
absolutely necessary for carrying on the indispensable Labours
of the Field or the Vineyard on pressing occasions or for the
preservation of the Crops or produce upon any plantation or
Estate in the said Colony and for the prevention of essential
injury to the same, to work and employ thereupon any Slaves
or Slave on the Sabbath day, and if any such Slaves or Slave
shall, in any such special case, voluntarily consent and agree
to work upon any such Plantation or Estate for the purpose
aforesaid, nothing in this order contained doth extend or shall
be construed to extend to prevent any such Slaves or Slave
from hiring themselves, himself or herself (either to his or her
Owner or to any other Person) to work upon any such Plan-
tation or Estate on the Sabbath day. Provided always that
no such Slave shall or may lawfully be so hired to work on the
Sabbath day in the Service of any Person or Persons except
their, his or her Owner or Manager, unless with the special
consent in writing of such Owner or Manager. Provided also
that the Registrar and Guardian of Slaves shall, by Notices to
be by him from time to time issued in the usual and most
pubUe manner, signify the lowest rate of Wages at which
Slaves may during the period of Six Calendar Months next
ensuing the date of every such notice hire themselves either to
their respective Owners or with the consent of their respective
Owners or Managers, to work for the special purpose of the
preservation of the Crops or produce upon any Plantation or
Estate in the said Colony, in which Notices shall be stated the
different Bates of such Wages payable to the Slaves so hiring
themselves according to age, and Sex of such Slaves, and
according as they may be field Negroes or Artificers. And no
hiring of any Slave for any such special purpose as aforesaid
shall be a legal hiring or shall be exempted from the penalties
of this Order in Council, unless such Slave shall actually
receive and be paid for his or her own use and benefit Wages
at not less than the Rate so to be fixed by any such Public
Notice as aforesaid. And it is further ordered and declared
that nothing in this Order in Council contained shall extend or
be construed to extend to prevent the employment on Sunday
of any Slave or Slaves as a Watchman or Watchmen upon any
Estate or Plantation, or in nursing or attendance on the sick,
or in attendance upon the Person, or in the family of his or
134 Ilecm^ds of the Ca'pe Col&ny.
her Owner or Manager, or in performing or making preparations
for any interment or in extinguishing any fire, or otherwise in
preventing any irreparable damage or injury to the property
of his or her Owner, Employer or Manager, and no Slave so
employed shall be entitled to any hire or Wages for such his or
her services, provided nevertheless that no Slave shall be
employed on the Sabbath day in Field labour or in any of the
Ordinary Works upon any Plantation or Estate, upon the
pretence, or by reason, that any irreparable injury would arise
from the postponement of such Labour, unless such Slave
shall voluntarily engage in the same, and shall for such his
'labour receive and be paid such hire and Wages as aforesaid.
10. And it is hereby further ordered that every Slave shall
be supplied with sufficient and wholesome food, and with good
and sufficient clothing, and in case of dissatisfaction relating
thereto, appeal may be made, by either party, to the Local
Authority ; and in case deficiency or bad quality of food or
clothing be proved, then and in every such case the Owner or
Manager shall incur and be liable to a penalty of fifty Shillings
for the first offence, and of Five Pounds Sterling for a second
offence, and in case on the contrary the Complaint be proved to
be unfounded and frivolous, the complainant shall be con-
demned to such legal punishment as the nature of the case
shall be found to require. *
11. And it is hereby further ordered and declared, that
Slaves employed in Garden or field labour shall not be compelled
to work more than Ten Hours in each twenty-four Hours
from the 1st April to the 30th September, nor more than
Twelve Hours from the 1st of October to the 31st March
inclusive, except during the ploughing or harvest Seas6ns, or
on other extraordinary occasions of unavoidable necessity,
provided always, that during the ploughing and harvest
Seasons, or in cases of unavoidable necessity, a fair remunera-
tion be made to the Slave or Slaves in money or by an additional
proportion of food, to be decided, in case of appeal, by the
Local Magistrate, and in case any Owner or Manager shall be
proved to have transgressed any of the provisions of this
clause, every such Owner or Manager shall be liable to, and
incur a penalty not exceeding Five Pounds Sterling, nor less
than One Pound Sterling.
Itccord'i of the Cape. Colony, 135
12. And it is further ordered that it is, and shall henceforth
be illegal for any Proprietor or any Person employed by him,
or in his behalf, to inflict any punishment on a Male Slave
beyond twenty-five Stripes in one dfi^, which punishment is
not in any case to be repeated until the Delinquent shall have
recovered from the effects of the former Correction, under a
penalty, in breach of any of the provisions of this clause, not
exceeding Ten Pounds Sterling, nor less than Five Pounds
Sterling for each Offence.
13. And it is further ordered that from and after the pub-
lication of this Act, no female Slave shall be Uable to be pubUcly
flogged for any offence ; but all female Slaves offending against
any of the existing Laws of the Colony, where their Proprietors
or Persons employed by them, or in their behalf are authorized
to interfere and decide, may be punished, if in health by
solitary confinement with or without Work, in any dry and
proper place, for moderate periods, proportionate to their
offence, and in no case exceeding three days ; or in committing
any domestic offence by whipping privately on the Shoulders
to such moderate extent as any child of free condition may be,
and usuaDy is punished and corrected in any School for the
education of Youth in the said Colony ; provided always that
the latter punishment be not repeated within Twenty four
hours, under a penalty, in breach of any of the provisions of
this Clause, not exceeding Ten Pounds Sterling, nor less than
Five Pounds Sterling for each offence.
14. And it is further ordered that it shall be illegal to inflict
domestic punishment on a Slave by any other hand than that
of the Owner, Employer or Overseer (not being a Slave) except
in cases where the Owners or Employers having no free person
in their employ, are Females or infirm or suffering under
disease, or are upwards of Sixty Years of age, under a penalty
not exceeding Ten Pounds SterUng nor less than Five Pounds
Sterling to be paid for such Offence by the Person who shall
have caused such illegal punishment to "be inflicted.
15. And it is further ordered that should it be necessary for
the Security or safety of a family or individual, to put a Slave
in irons, the same shall be reported within twenty four hours
to the nearest Local Authority, under a Penalty of Five
Pounds Sterling, stating the cause and circumstances under
136 Records of the Cape Colony,
which such measure could be justified, and in default of such
justification, the Owner or Person or Persons employed by him
or in his behalf shall be deemed guilty of maltreatment and
subject to such punishment as is proscribed by Clause 44 of
this Order in Council.
16. And it is hereby further ordered that the Corpse of a
Slave shall not be interred without a written permission
thereto being first obtained from the Local Authority, under
whose immediate jurisdiction the Owner or Employer for the
time being resides .; and any Owner, Manager or Employer of
a Slave or Slaves interring or causing or suffering a Corpse of
any Slave in his Service to be interred without such permis-
sion as aforesaid shall be Uable to, and incur a penalty of
not less than Five Pounds Sterling and not exceeding Ten
Pounds SterUng, or in cases where it is not possible to procure
the assistance of the local Authority within twenty-four hours,
it shall and may be lawful for such Owner, Manager or Em-
ployer of a Slave to call in two Neighbours, who must certify
in writing (to be sworn to when required) the apparent age
and sex of the Slave, the state of the Body and the probable
cause of his or her death ; the Owner or Manager of such
Slave shall however be obUged to forward the Certificate so
obtained by him to the Local Authority without delay. But
if it shall appear by marks on the Corpse or from any other
circumstances that the Deceased has come to his or her death
by unfair means, the said Certificate shall be withheld, and a
report thereof be immediately made to the nearest; Local
Authority.
17. And it is hereby ordered that upon the prosecution of
any person being the Owner or acting in the name or in behalf
of the Owner of Slave or Slaves, for inflicting or causing or
procuring to be inflicted on any Slave or Slaves any punishment
hereby declared illegal, if the Slave so alledged to be illegally
punished shall be produced in any competent Court of Justice
in the said Colony, and if the marks or traces of recent flogging
or laceration shall appear on the person of such Slave, and if
such Slave shall in open Court declare such traces to be the
consequences of any such unlawful punishment or correction,
and being duly examined by such Court, shall make a particular,
consistent and probable Statement of all the circumstances
Records of the Cape Colony, 137
attendant on such unlawful punishment, then and in every
such case, the Owner or other Person, having the charge of
such Slave shall be bound to prove either that the punishment
of which the Marks may be so apparent was not inflicted by
him or his procurement, or with his knowledge or consent, or
that such punishment was a lawful punishment within the
meaning of this Order ; and in default of such proof, such
Owner or -other Person as aforesaid shall be convicted and
adjudged to be guilty of the Offence imputed to him ; And it
is further ordered that every such prosecution as aforesaid
shall be conducted by the Registrar and Guardian of Slaves,
and that it shall not be lawful for him to discontinue any such
prosecution except by Virtue of an Ordefin writing to be for
that purpose issued, under His hand and Seal, by the Governor
or Acting Governor for the time being of the Colony. But
should the complaint of such Slave prove groundless, the
Slave shall be condemned to such legal punishment as the
nature of the case may require.
18. And it is further ordered and declared that Slaves who
are not within the prohibited degrees of consanguinity or
aflSnity may intermarry with their Owners' (or respective
Owners') consent, had in writing and delivered to the Local
Authority ; and that the Children of such Marriages shall be
the property of the Owner of the Mother ; the same to hold
good with regard to Slaves of either Sex intermarried with
free Persons, in which case also, when the Wife is a Slave, the
Children of such marriage shall belong to the Owner.
19. And it is further ordered that the consent in writing of
the Owner or Manager, or the respective Owners, Proprietors,
or Managers (as the case may be) transmitted to the Clergyman
through the Local Authority, shall supersede the necessity of
being asked in the Church, or of appearing before the Matri-
monial Court, to legaUze the Marriages of Slaves ; and the
respective Local Authorities shall be responsible that all
Marriages between Slaves are without delay enregistered, as
all other Marriages are, and that a Notification of the marriage
be made to the Registrar and Guardian of Slaves or to his
Assistants in the Country districts, as the case may be.
20. And it is hereby further ordered and declared, that
Slave Marriages shall be celebrated in the Church on Sundays
138 Records of the Cape Colony.
where the Locality will permit, and that, in other cases, the
Clergymen shall once in Six Months appoint the most con-
venient places in their respective Districts, for the purpose of
marrying Slaves, and baptizing Slave children, so as to remove
the inconvenience arising from remote habitations, which
Marriages it shall be lawful for the Clergymen to solemnize,
upon receiving the written consent of the Owner or Manager
through the Local Authority, as above directed ; or, in case
such written consent has been refused by the Owner, Proprietor
or Manager, upon a Licence of the Registrar and Guardian of
Slaves or his Assistants in the respective Country districts, as
the case may be, as directed in the clause next following. And
all Marriages of Slaves and the Baptism of their Children shall
be performed without fee or reward.
21. And it is hereby further ordered that in case the Owner
or Manager of both or either of the said Slaves who may be
desirous to intermarry shall refuse to consent to such marriage^
or to give such written permission for the celebration thereof as
aforesaid, then and in every such case, if the Slave to be
married has attained when a female the age of fifteen years,
and when a male the age of Twenty years, the said Registrar
and Guardian of Slaves or his Assistants in the respective
Country districts, as the case may be, shall thereupon issue a
Summons under his hand and Seal, requiring the Owner or
Manager of such Slaves, or the Persons or Person under whose
direction such Slaves may be, to appear before him, by them-
selves or their Agents at some convenient time or place, to be
for that purpose appointed. And if such Owner, Manager, or
other Person as aforesaid being duly cited, shall fail to appear,
or appearing shall fail to give good and sufficient proof, that
such proposed Marriage would be injurious to the well being
of such Slaves, then and in such case, the said Registrar and
Guardian of Slaves, or his Assistants in the respective Country
districts, as the case may be, shall without fee or reward issue
a Licence, under his hand and Seal, thereby authorising any
Clergyman, Minister or Public Teacher of Religion within the
said Colony, having a Licence from Government ^o that effect,
to solemnize the Marriage of the said Slaves, and any Marriage
so solemnized shall to all intents and purposes \ be binding,
valid and effectual in the Law. And any Clergynian, Minister
i
Recorda of the Ca^je Colony. 139
or Public Teacher of Religion within the said Colony having a
Licence from Government to that effect, by whom any such
Marriage shall have been solemnized, shall within fourteen
days next after the solemnization, transmit a Certificate
thereof to the Local Authority in order to be registered in the
Records of the respective Matrimonial Courts, as all other
Marriages are, and that a notification of the Marriage be made"
to the Registrar and Guardian of Slaves or to his Assistants in
the respective Country Districts as the case may be, where
Separate Books must be kept for the Registry of all Slave
Marriages.
22. And it is further ordered that after the celebration of
Marriages it shall not be lawful to sell any Slave having a
Husband or Wife, who may be the property of the same
Persons or Person, unless such Husband and Wife shall be sold
together, and in one and the same lot, and to the same Person
or Persons ; and if any Slave or Slaves shall be sold separate
or apart from any such Husband or Wife as aforesaid, then
and in every such case, such Sale shall be, and the same is
hereby declared to be, absolutely null in the Law, to all intents
and purposes, whatsoever.
23. And it is further ordered that it shall not be lawful to
sell any Child or Children born of a Slave Woman, within the
said Colony, without its or their Mother, unless such Child or
Children shall have fully attained the age of Ten years, or
unless good and sufficient proof shall have been given to the
Court of Justice through the Registrar and Guardian of Slaves,
that it would be for the well being of such Child or Children
not to be sold along with its or their Mother.
24. And it is further ordered that any Owner or Proprietor
neglecting to cause the Children of their Christian Slaves to-
be baptized within Twelve Months after the Birth of such
Children, and to report it, within one Month after baptism to
the Registrar and Guardian of Slaves, or to his Assistants in
the respective Country districts, as the case may be, shall
incur and be liable to a penalty of not less than fifty Shillings
and not exceeding Ten Pounds Sterling for each offence, and
shall nevertheless be compelled to have such Child or Children
baptized at his own expence.
25. And it is hereby further ordered that the Clergymen or
140 Records of the Cape Colony,
Persons duly authorized to administer that Holy Sacrament
shaU report quarterly to the Registrar and Guardian of Slaves,
or to his Assistants in the respective Country districts, as the
case may be, all Baptisms of Slaves solemnized by them.
26. And it is hereby further ordered and declared that Slave
Owners, who have caused their Slave Children to be baptized
in the Christian BeUgion, or who shall possess any Slave or
Slaves, who have embraced the Christian BeUgion, and have
been baptized by a Clergyman or Person duly authorized by
Licence from Government to administer that Holy Sacrament,
shall as far as relates to such Slave or Slaves or Slave Children
be exempt from any Tax which has been or shall be specific-
aUy imposed on Slaves in the said Colony, for which purpose
the Owners or Proprietors shall report to the Office of
Enregisterment of Slaves, in their respective districts, the
date and proof of Baptism of each of their Slaves who have
been baptized.
27. And it is further ordered that Christian Slave Owners or
Employers residing in Cape Town and other Towns and
Villages and their immediate vicinity in the said Colony where
Free Schools are or may be established, shall send their Slave
Children above Three years and under Ten years of age, at
least three days in each Week to any such Free Schools ; and
those whose residence will not permit them to aflFord this
consoUng advantage to their Slave Children are earnestly
recommended and invited to avail themselves of any other
means, which may oflfer within their reach for giving them
instruction.
28. And it is hereby further ordered that separate Books
shall be kept in the Offices of the Registrar and Guardian of
Slaves, and of his Assistants in the respective Country Districts,
of all baptized Slaves specifying their Ages, Sex, date of Baptism
and by whom baptized.
29. And it is hereby further ordered and declared, that no
Person in the Colony of the Cape of Good Hope, being in a
state of Slavery shall be, or be deemed or taken to be by
reason or on account of such his condition, incompetent to
purchase, acquire, possess, hold, enjoy, alienate or dispose of
property, but every such Slave shall, and is hereby declared to
be competent to purchase, acquire, possess, hold, enjoy,
JRecords of tJie Caj^e Coloiiy. 141
alienate and dispose of Lands situate in the said Colony, or
Money, Cattle, implements or utensils of husbandry or house-
hold furniture or other effects of such or the like nature, of
what value or amount soever, and to bring, maintain, prosecute,
and defend any Suit or Action in any Court of Justice for or in
respect of any such property, as fuUy and amply, to all intents
and purposes, as if he or she were of free condition.
30. And whereas a Saving Bank is already estabhshed in
the said Colony, and it is expedient, that provision should be
made for giving the fuUest effect to the same, it is hereby
ordered, that Interest at and after the rate of four per Centum
per annum shall be allowed upon the amount of every Sum of
Money (not less than Twenty five ShiUings) which may be
deposited in any Saving Bank, which Interest shall be a charge
upon the general Revenues of the said Colony. And any
Slave making any deposit of money in any such Saving Bank,
shall be at liberty to make a declaration of the manner in which,
and the names of the Person or Persons to whom, in the event
of his or her death, the amount of his or her contributions to
the said Saving Bank shall be paid, appUed and disposed of ;
and such declaration shall be recorded in a Book, to be kept
for that purpose at the Saving Bank where such deposit may
be made ; and upon the death of the Slave making such
declaration the same shall in the absence of any other last Will,
be deemed and taken to be the last Will and Testament of
such Slave, under the direction of the Orphan Chamber, in as
far as regards the collection, preservation and distribution
thereof, the same to be free from all manner of charge, fee or
duty. And in case any such Slave shall marry after having
made any such declaration, such marriage shall be and be
deemed and taken to be a revocation, in the Law, of such
declaration. And it is further ordered that in case any Slaves
or Slave in the said Colony shall die intestate, and without
having made any such declaration as aforesaid, which may
remain unrevoked at the time of his death, then*and in every
such case, the property of such Slave shall go and be disposed
of by the Orphan Chamber to and in favor of such Persons or
Person, as by virtue of the Laws of the said Colony then in
force, may be entitled to any such Property. And it is further
ordered, that in case any Slaves or Slave die intestate, and
142 Records of the Cape, Colony.
without having made such declaration as aforesaid, and have
no relations entitled to their succession, then and in every
such case, the property shall be paid by the Orphan Chamber
into a fund, formed in the said Colony, for the purchase of
such female Slave Children as shall appear to the Committee
appointed by Proclamation of the 18th March 1823 to manage
that Fund, to be most deserving of such consideration ; and
the value of the female Slave or Slaves, whose freedom may be
thus purchased, shall be fixed according to their actual Value
by Two Arbitrators, after being duly sworn to act impartially,
one to be chosen by the Owner of the Slave, and the other by
the Registrar and Guardian of Slaves, with power to the
Court of Justice to name an Umpire in case of difference, who
shall be duly sworn for that purpose and whose award shall
be final.
31. And it is further ordered that the Saving Banks through-
out the said Colony shall as far as the deposits of Slaves are
concerned, and for which distinct Books shall be kept, be
under and subject to the controul and inspection of the Regis-
trar and Guardian of Slaves, or his Assistants in the respective
Country districts, as the case may be, and that the Governor
or Acting Governor for the time being shall be and He is
hereby authorized to appoint such proper and necessary
Ofiicers, and to make such Rules and Regulations as may be
best adapted for managing the business of the said Banks, and
for ensuring order and punctuality therein, and for preventing
any misapplication of the Monies therein to be deposited ;
provided that such Rules and Regulations be not repugnant
to this present Order, and that the same be forthwith trans-
mitted for His Majesty's approbation, through one of His
Majesty's Principal Secretaries of State.
32. And it is hereby further ordered that no deposit of Money
shall at any one time, or within any one week be received at any
of the said Saving Banks from any Slave exceeding the Sum
of Fifty Shillings in the whole, unless such Slave at the time
of tendering any such deposit, shall produce the consent in
writing of his Owner or Manager to such Deposit being
made ; and in case any Slave shall be desirous at any one
time, or in any one week, to make any such Deposit of Money
exceeding the sum of Fifty Shillings, and the Owner or Manager
Becm^ds of the Cape Colony. 14-3
of such Slave shall refuse his consent to such deposit being
made, then and in every such case the Registrar and Guardian
of Slaves or his Assistants in 'the respective Country districts
as the case may be, shall upon application made to him for
that purpose issue a Summons under his hand and Seal,
requiring the Owner or Manager of such Slave, or the Persons,
under whose direction such Slave may be, to appear before
him by themselves or their Agents, at some convenient time
and place, to be for that purpose appointed ; and if such
Owner or Manager, or other Person as aforesaid, being duly
cited, shall fail to appear before the said Registrar and Guardian
of Slaves, or his Assistants in the respective Country districts,
as the case may be, or appearing, shall fail to lay before him
good and sufficient cause why such Deposit ought not to be
made, then and in every such case the said Registrar and
Guardian of Slaves, or his Assistants in the respective Country
Districts as the case may be, shall issue an Order, under his
hand and Seal, requiring the Manager of the Saving Bank to
receive the amount of such Deposit, and the same shall be
received by him accordingly.
33. And it is further ordered that no duty, tax or impost of
any nature or kind whatsoever, and that no fee of Office shall
be hereafter paid or payable within the said Colony, upon, for
or on account, or in respect of the manumission of any Slave
or the enrolment or registration of any Deed of manumission.
And if any Person within the said Colony shall hereafter take,
demand or receive any such tax, duty, impost or fee of Office,
the Person so offending shall incur and become Uable to the
payment of a fine not exceeding Twenty Pounds Sterling and
not less than Five Pounds SterUng,
34. And it is hereby further ordered, that in case any Slave
within the said Colony shall be desirous to purchase the freedom
of himself or of his or her Wife or husband, or Child or brother
or Sister, it shall and may be lawful to and for any such Slave
so to purchase the freedom of himself or of any such other
person as aforesaid, provided always that every such Slave,
who shall be desirous so to purchase the freedom of himself
or any such Person as aforesaid, shall be able to prove and
shall actually have proved to the satisfaction of the Registrar
and Guardian of Slaves, or of his Assistants in the respective
144 Records of the Cape Colony,
Country districts that the Money or other property by which he
has been enabled to make such purchase, has been acquired
by him by lawful means, and if under such proviso, the Owner
of any such Slave shall be unwilling to eflFect his or her manu-
mission, or shall, by reason of any Mortgage or other charge
upon or interest in, such Slave being vested in any other
Person or Persons, be unable to execute a valid and eflFectual
manumission of such Slave, or if the Owner or any other Person
having an interest in any such Slave, shall be a minor or a
married woman, or Idiot or Lunatic, or if the real and true
Owner of any such Slave shall be absent from the said Colony,
or shall not be known ; or if any Suit or Action shall be pending
in any Court of Justice in the said Colony, wherein the Title of
the said Slave or the right to his Services shall or may be in
controversy, or if the Owner of any such Slave shall demand
as the price of his or her freedom, a greater sum of Money
than may be the fair and just value thereof, then and in each
and every of the cases aforesaid the Court of Justice of the
said Colony, on application made to it for that purpose by the
Registrar and Guardian of Slaves, shall issue a Summons under
their hands and the Seal of the Court, requiring the Owner or
Manager of such Slave, or the Persons or Person, under whose
direction such Slave may be, to appear before it by themselves
or their Agents at some convenient time and place, to be for
that purpose appointed ; and Notice shall also be published
by the said Registrar and Guardian of Slaves in the public
Gazette of the said Colony on three several days of the 'time
and place appointed for the purpose aforesaid ; And in such
Notice all Persons having or claiming to have any Title or
interest in or to the Slave proposed to be manumitted, either
in their own right, or as the Guardians, Attornies, Trustees or
Executors of any other Person, shall be required to attend
and prefer such claim.
35. And it is hereby further ordered that at the time ap-
pointed for any such meeting as aforesaid the Court of Justice
of the said Colony in the presence of the Registrar and Guardian
of Slaves, and also in the presence of the Owner or his Repre-
sentative, or Manager of the Slaves or Slave proposed to be
manumitted, or (upon proof being made to it on Oath of the
due Service and publication of such Notice as aforesaid) then.
Records of the Cape Colony. 145
if necessary, in the absence of such Owner or Manager shall
proceed to hear in a Summary way what may be alledged by
the said Registrar and Guardian of Slaves and by the Owner
or Manager or other Persons claiming any interest in the
Slave proposed to be manumitted ; and in case the Parties, or
any of them, shall refuse to effect any such manumission or if
it shall appear to the said Court, that a valid and eflfectual
manumission of any such Slave cannot legally be eflfected by
private Contract, or if it shall be made to appear to the said
Court that the owner of any such Slave, or that any Person
having any charge upon or interest in him or her, is a minor or
married woman, or Idiot or Lunatic, or that the real and true
Owner of any such Slave or that any Person having any
charge upon or interest in him or her, is absent from the said
Colony, or is unknown or cannot be found, or that any Suit or
Action is pending in any Court of Justice in the said Colony
wherein the Title to the said Slave or the right to his Services
is in controversy, or if it shall appear to the said Court that
any difference of opinion exists between the Registrar and
Guardian of Slaves in the said Colony, and the Owner of any
such Slave, respecting his or her price or value, then and in
every such case the said Court shall require the Registrar and
Guardian of Slaves and the Owner, Manager or Person having
the direction of any such Slave each to nominate an Appraiser
of his or her value ; And the said Appraisers being first duly
sworn before the said Court to make a fair and impartial
appraisement, shall within seven days next after such their
appointment make a joint Valuation of the Slave proposed to
be manumitted, and certify such their valuation to the said
Court, under their hands and Seals. And in case such joint
Certificate shall not be delivered to the said Court within the
said Term of Seven days, then the said Court shall itself
nominate an Umpire between such Appraisers, and the said
Umpire, being duly sworn shall within the next Seven days
certify his valuation, under his hand and Seal to the said
Court, and the valuation to be made in manner aforesaid,
either by the said joint Appraisers, or in their default, by the
said Umpire, shall be binding and conclusive and shall be
entered and enrolled in the Office of Slave Registry of the said
Colony,
xxin. L
146 Eecords of the Cape Colony.
36. And it is hereby further ordered that upon payment to
the Receiver General or Treasurer of the said Colony of the
appraised value of any such Slave as aforesaid, after deducting
therefrom the Expence of the Appraisement to be allowed by
the said Court, the said Receiver General or Treasurer shall
grant to the Registrar and Guardian of Slaves a receipt for
the Money so to be received by him. And such receipt shall
be duly enrolled in the Office of Slave Registry in the said
Colony, together with a declaration under the hand and Seal
of the said Court, that the Proceedings required by Law for
the manumission of the Slave, by or on behalf of whom such
Money was paid had been duly had before it, and thereupon
such Slave shall be and be deemed, taken and reputed to be,
free to all intents and purposes whatsoever.
37. And it is hereby ordered that in all cases where such
appraisement shall be made by reason of the refusal of the
Owner or Owners of any such Slave to eflFect his or her manu-
mission, or by reason of any diflFerence of opinion between the
Registrar and Guardian of Slaves and the Owner or Proprietor
of any such Slave respecting his or her price or value, the
Expences of such appraisement shall be equally borne by and
divided between such Owner or Proprietor and the Slave
proposed to be manumitted. And in all cases where such
appraisement shall be made by reason of the inability of the
Owner or Proprietor to effect a valid manumission by private
contract or by reason of the minority, coverture, idiotcy or
lunacy of such Owner or Proprietor, or by reason of the absence
of any such Owner or Proprietor, or other Person, having a
charge upon the said Slave, from the said Colony or by reason
that any such Owner or Proprietor is unknown or cannot be
found, or by reason of the pendency in any Court of Justice in
the said Colony of any suit or action wherein the Title to the
said Slave or the right to his Services is in controversy, then and
in all such cases the expences of the said Appraisement shall be
equally divided between the Slave proposed to be manumitted
and the Owner or Proprietor, or other Persons having any
charge upon or interest in him, and such last mentioned moiety
of the said Expences shall be deducted from the money arising
from the manumission of the Slave, before the investment
thereof in the manner directed in and by this Order in CounciL
Records of the Gape Golomf. 147
38. And it is further ordered that the Money to arise from
the manumission of any Slave by virtue of the Proceedings
before mentioned, shall and may be laid out and invested
under the authority of the Court of Justice, on the application
of any Person or Persons interested therein, in the purchase of
any other Slave or Slaves, or if no such application shall be
made, then such Money shall remain in the hands of the
Receiver General or Treasurer of the said Colony, and shall be
the property of the Persons who were the Proprietors of such
manumitted Slave or Slaves, and shall be held upon, under
and subject to all such and the same uses, trusts, limitations,
conditions, mortgages, claims and demands of what nature or
kind soever, as such Slave or Slaves was or were held upon,
under or subject unto, at such the time of his, her or their
manumission ; and the said Receiver General or Treasurer
shall hold the said Money subject to such Orders as the said
Court of Justice may upon a summary application of any
person interested therein, see fit to make ; and such Money
shall by the said Receiver General or Treasurer be paid, applied
and disposed of in pursuance of and obedience to any such
Order.
39. And it is hereby further ordered that before the manu-
mission of any Slave by virtue of any private Contract for that
purpose between such Slave and his Owner, notice of such
intended manumission shall by the Owner of such Slave be
given in writing to the Registrar and Guardian of Slaves, who
on behalf of the said Slaves shall be bound to ascertain that
such Owner has good right and title in the Law and is competent
to effect such manumission. And the said Registrar and
Guardian of Slaves shall also without fee or reward prepare
the proper Deed of manumission, and the same shall in all cases
be executed in the presence of the said Registrar and Guardian
of Slaves or of some proper Witness to be by him appointed
for that purpose ; and being so executed, shall by such Regis-
trar and Guardian of Slaves be enrolled in the Office of Slave
Registry in the said Colony within one Calendar Month next
after the date and execution thereof. And in case any such
Deed shall not be registered at the said Office of Registry
within the said period of One Calendar Month, the said Registrar
and Guardian of Slaves shall incur and be liable to the payment
L 2
148 Becords of the Cape Colony,
of a Fine not exceeding Fifty Pounds Sterling nor less than
Ten Pounds Sterling.
40. And whereas by the usages in the Courts of Judicature
in the said Colony of the Cape of Good Hope, Persons in a
state of Slavery have hitherto been reputed competent in Law
to be admitted as Witnesses in Criminal Cases as well as in
Civil proceedings, and whereas it is expedient that the said
custom should be recognized and established by Law ; it is
therefore ordered and directed that no Person shall henceforth
be rejected as a Witness or considered as incompetent to give
evidence in any Court of Civil or Criminal Justice in the said
Colony by reason of his or her being in a State of Slavery, if
such Witness be sufficiently instructed in the principles of
Religion to understand the nature and obligation of an Oath.
Provided nevertheless that no Person being in a state of
Slavery shall be admitted to give evidence in any Civil Suit or
action, in which his or her Owner is directly concerned, and
provided also that nothing herein contained shall extend to
take away or diminish any power and authority which any
Court of Criminal Jurisdiction in the said Colony now hath to
admit, in any case, the evidence of Persons being in a state of
Slavery ; provided also that nothing herein contained shall
extend or be construed to extend to render any Slave a com-
petent Witness in any case in which such Slave would be
incompetent to give evidence, if he or she were of free condition.
41. And it is hereby further ordered that the Salary of the
Registrar and Guardian of Slaves shall by him be taken and
received in lieu and in full satisfaction of all fees, perquisites
of office, advantages and emoluments whatsoever ; and that
if he the said Registrar and Guardian of Slaves shall take or
receive directly or indirectly any fee, perquisite of Office,
advantage or emolument other than his said Salary for or in
respect to any act, matter or thing done or performed by him
in the execution of such his Office, he shall incur and become
liable to the payment of a fine equal to twice the amount of
what he may so receive, and shall moreover become disqualified
from holding such his office.
42. And it is hereby further ordered that the said Registrar
and Guardian of Slaves shall on the first Monday next after
the 25th day of December and on the first Monday next after
Becords of tlie Cape Colony. 149
the 24th day of June in each year, deliver to the Governor or
acting Governor for the time being of the said Colony, a
Report in writing, exhibiting an Account of the manner in
which the duties of such his Office have been performed during
the half year next preceding the date of such his Report, and
especially stating the number of the actions. Suits and prose-
cutions in which he may have acted as the Guardian of any
Slave or Slaves, with the dates and effect of all the proceedings
therein, and the particulars of all the returns, which, by virtue
of this order, may have been made to him by the Assistant
Registrars and Guardians of Slaves within the said Colony,,
and the names of the Persons, if any, against whom any
criminal prosecution may have been instituted, under and by
virtue of this order, together with the number of Licences
which may by him have been granted for the marriage of any
Slaves, with the number of marriages appearing to have been
solemnized in pursuance thereof, together with the Amount of
the Sums of Money deposited in the Saving Banks in the said
Colony, and also a Statement of the names of all the Slaves
manumitted under the authority of this present order ; and
the Governor or Acting Governor for the time being of the
said Colony shall thereupon administer to the said Registrar
and Guardian of Slaves an Oath that such Report contains a
true and accurate Statement^of the several matters and things
therein referred to ; and when and so soon as the said Registrar
and Guardian of Slaves shall have made such his half yearly
Report, and shall in manner aforesaid have been sworn to the
truth thereof, then and not before, the said Governor or Acting
Governor shall issue to the said Registrar and Guardian of
Slaves a Warrant for the amount of his Salary for the half
year next preceding the date of such Report ; and the said
Governor or Acting Governor shall, and He is hereby required
by the first convenient opportunity to transmit such Report
as aforesaid to His Majesty's Principal Secretary of State,
having the Department of the Colonies.
43. And it is further ordered that if the Registrar and
Guardian of Slaves or any of his Assistants in the several
districts of the said Colony, or any other person shall wilfully
and fraudulently make or cause or procure to be made any
erasure or interhneation in any of the Books, Records or
150 Kecords of the Cape Colony.
Returns, or shall wilfully make or cause. or procure to be made
any false entry in any such Book, Record or Return, or shall
witfully and fraudulently burn, cancel or obliterate the same
or any of them, or any part thereof, the Person or Persons so
offending shall be liable to the payment of a Fine not exceeding
One hundred Pounds Sterling and not less than Fifty Pounds
Sterling and shall be disqualified from holding any such office.
44. And it is further ordered that maltreatment of a Slave
by the Proprietor, not attended with death shall be punished
by fine, imprisonment, banishment or other Sentence of the
Law by any of the competent Courts in the said Colony,
accordkig to the nature of the case, and the degree of cruelty
exercised ; and the Slave so maltreated shall be publicly sold
for the account of the Owner, but under special condition of
never coming again into his Power, or into that of his Parents,
Children, Brothers or Sisters ; and in case any Person shall be
convicted of any cruel and unlawful punishment to any Slave,
the said Courts shall and are hereby authorized, at their
discretion to declare the right and interest of the Person so
convicted in and to any such Slave to be absolutely forfeited
to His Majesty : — But when the maltreatment of a Slave has
been attended with death, the Court, in giving judgment, shall
be guided by the Law appUcable to Homicide.
45. And it is further ordered tJiat if any Person shall be
twice convicted before any Tribunal in the said Colony of
inflicting upon any Slave or Slaves any cruel and unlawful
punishment, the Person so convicted shall in addition to the
penalties herein before mentioned, be declared by the Court
before which such second conviction may take place, absolutely
incapable in the Law to be the Owner, or to act as the Manager,
Overseer or Superintendent of any Slaves or Slave within the
said Colony ; and all and every the Slaves or Slave, of which,
at the time of such second conviction, any such Person may
be the Owner, shall be pubHcly sold for his account, under
special condition of never coming into the power or under the
control of his Parents, Children, Brothers or Sisters.
46. And it is further ordered that maltreatment of a Slave
by the Overseer or Representative of the Owner or Proprietor,
or by any other Individual, not being the Owner or Proprietor
of such Slave, shall be punished as if the same had been inflicted
Records of the Cape Colony. 151
on a free Personi, placed under the superintendence or direction
of such Overseer, Representative or other Individual.
47. And it is further ordered that all penalties incurred
under the provisions of this Order shall be disposed of as
follows : viz. One third to the Informer, and two thirds to the
fund specified in Clause 30 of this Order in Council for pur-
chasing the freedom of female Slave Children.
48. And whereas by the provisions of this Order for the
improvement of the condition of the Slaves in the said Colony,
it is not intended to infringe on the lawful rights of their
owners to the property in their Slaves, or other Person or
Persons interested in their value, it is hereby declared that
none of the said provisions shall be deemed to aflFect in any
degree the lawful right of property of the Owners in their
Slaves, or any just claims to their Services.
49. And it is hereby further ordered and declared, that
whenever any Slave or Slaves, or any right or interest in any
Slave or Slaves shall upon the conviction of any person or
persons in the manner in this Order in Council mentioned,
become forfeited to His Majesty, His Heirs and Successors,
such forfeiture shall not be carried into effect by the actual
seizure or sale of the property so forfeited, until the particulars
and circumstances of the case shall have been reported to His
Majesty through one of His Principal Secretaries of State, and
until His Majesty shall have signified His Royal Pleasure
therein ; provided that pending any such reference to His
Majesty such forfeited property shall be and remain legally
vested in Him, subject to be divested in case His Majesty
shall be graciously pleased to remit any such forfeiture.
50. And it is further ordered and declared that no such
forfeiture as aforesaid to His Majesty of any Slave or Slaves,
or of any right or interest in any Slave or Slaves shall, or
according to the true interest and meaning of this Order in
Council doth in any way diminish, affect or take away the
right or interest of any person or persons to or in any such
Slave or Slaves other than and except the person or persons
upon the conviction of whom any such forfeiture may be
incurred.
51. And it is further ordered that the Governor or Acting
Governor of the said Colony shall within One month next after
152 Ilecw'ds of the Cape Colony,
this present Order shall be received by Him, make known the
same by Proclamation throughout the said Colony, and that
the said Order shall be in force in one Calendar month next
after the date of such Proclamation.
[Enclosure 3 in the above.]
Reasons for altering or passing over altogether in the Order in
Council for the amelioration and reUgious Instruction of
the Slaves at the Cape of Good Hope, some of the Articles
in His .Majesty's Order in Council for Trinidad and the
subsequent Enactments made for that Island.
[Original.]
LeiUr from Lord Charles Somerset to Earl Bathurst.
Cape of Good Hope, 24tth September 1825.
My Lord, — With reference to my Despatch to Your Lordship
No. 160, under date 3 1st March last, relative to a Supply of
Labourers for the British Settlers in Albany, I have now the
honor to forward a Memorial which has been addressed to me
by the Body of Settlers on that Subject, together with a List
of the number and description of the Labourers required by
them respectively.
Your Lordship will perceive that they have deputed Mr.
CarUsle to carry into effect their views and wishes in England,
should His Majesty's Government Sanction the proposed
measure.
Mr. Carlisle will have the honor to deliver this Letter to
Your Lordship, and to him I beg leave to refer you for any
information or explanation that may be required. I have not
given that Gentleman any assurance that his Expenses will be
defrayed by Government as requested by the Memorialists,
leaving that point to the decision of His Majesty's Government.
I have &c.
(Signed) Charles Henry Somerset.
[For Enclosure 1 see page 43 Vol. 18]
Records of tlie Cape Colony. 153
[Enclosure 2 in the above.]
The Subaoribing Inhabitants of the District of Albany,
suffering under difficulties arising from the expence and great
acaroitj of Labour, and trusting the disposition of GoTcmment
(when accLuainted with the extent of this evil) to afford assis-
tance, have adopted this mode of furnishing the information
required, and hereby engage to provide for the number and
description of Mechanics and Labourers beneath stated (for a
period which may be hereafter agreed upon) according to the
following terms, viz. : To Mechanics 250 Rds. yearly wages,
with provisions at the rate of 2 lbs. of Meat and IJ lb. of
Bread per diem. Labourers being adults 150 Bds. per annum
with Provisions as above. To Boys between 16 and 18 years
of age 100 Bds. per annum and provisions as above. To
Female Servants 80 Bds. per annum and provisions at the
rate of 1} lb. of Meat and 1 tb. of Bread per diem. To Boys
and Girts under 15 a sufficient quantity of Clothes and whole-
some Food till 18.
Samis. ol Eiuploj-eis.
""ever^ lr^a^<S"wtntoa.
It
?i
Si
1
!.
ll
nil
jj
jj
aa
S.-X r.i
I». CBmpbell
•2 Masons, 1 Carpentej.
2
~T -
2
4
4
i
2
2
2
ChM. Dalgairm .
3
i
2
2
2
Geo. Pigot .
D. Moodie .
I Carpenter. 1 Maaon .
3
2
I
1
2
2
2
2
a T. ThornhiU .
2 House Carpenters, 1 Black-
smith
2 Masons, 1 Carpenter
5
1
-
1
W. GilfiUan .
2
1
_
_
R. N. Dunn .
1 Mason, 1 Carpenter .
I
i
2
2
John CrauBe .
2
1
2
2
W. Cnrrie .
1
2
Chu.Cr»aB«.
2
1
1
1
JohnaChABe
1
1
2
2
2
J. OoniB
1 Mason ....
1
1
2
-
2
J. Oowie
2
MmtGou" ■
2
i
J. Gimming .
-
-
8
1
1
John Kenny
2 Shoemakers . . .
2
6
2
Nid Dougherty .
6
-
3
2
"
154
Records of the Cape Colony,
Names of Employers.
J. H. Haise .
Nathl. Morgan
James Lance
H. Brown
Wm. Bear .
Wm. Howard
James Murray
G. Masden .
Geo. Phillips.
Edward Haley
GuUis Willan
Peter Maley •
Thos. Page .
J. P. Pedlar .
Thos. Bingle
Richd. Peacock
W. Bales
Henry lioyd
A. B. Dietz .
F. CJarlisle .
John Hope «
P. Retief
Alex. Biggar
Miles Bowker
H. A. Crause
8. Biddulph .
J. B. Biddulph
S. H. Bradshaw
Wm. Boardman
Alex. Bissett
J. Pawle
Samuel Bennett
John Willis .
F. P. Zenn .
Ed. Hanger .
Robt. Godfrey
J. Marshall .
Heniy Harper
Jas. Wallace
R. B. Green .
R. Godlonton
Christ. Dale .
P. Giblan .
Jas. Thomas
R. Forrester .
Chas. Kestell
Number of Mechanics with the
several trades wanted.
2 Shoemakers
1 Blacksmith
1 Blacksmith
2 Sawyers .
la
5
efi
1-3
>»
CQQD
Is
as
Xi
o .
J
1
1
1
1
2 Shoemakers .
1 Millwright, 1 Carpenter
2 Masons, 1 Carpenter.
1 Mason, 1 Carpenter .
1 Mason, 1 Carpenter .
1 Mason, 1 T'^eelwright, 1
Carpenter, 1 Blacksmith
1 Mason, 1 Carpenter .
1 Bricklayer
1 Wheelwright
1 Miller .
1 Blacksmith, 1 Wheelwright
1
3
2
1
2
2
2
2
3
2
4
2
1
1
2
1
2
2
2
2
3
1
1
1
1
1
1
1
1
1
1
1
2
2
1
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
1
2
1
1
1
1
1
2
1
1
1
1
1
1
3
2
1
1
7
1
1
1
1
1
2
1
1
1
1
1
1
c
^
1
1
2
1
1
2
1
1
1
1
1
2
2
1
2
3
1
1
3
2
1
1
7
2
1
1
1
1
1
\
Records of the Cape Colony.
i
1..
S
1
.XiunlMf of SI«buio> with the
^^
^1
1°
■5__.
!-■
i!
il
1
il
II
Saml. liversage .
. ,
_
~
1
1
_
2
1
2
_
1
I
-
Wm-Tan .
1
1
John Nduid
I
1
Wm. niomas
1 Gahinetmaker
2
1
1
1
David Ckwood .
2
I
J». & Wm. Gawood
2 i 1
Wm. Grsdwell .
2 1
a Stone
2
2 1 -
W. R. Thompson, .
ITaUor ....
1
_
1 1 1
Jao. Eyre .
1 Gardener
- i »
Oaptn. P^ . .
1
-
-
1
A-KidweU .
1
1
D. Lum .
1
Richd. AttweU .
_
_
1
_
Wm. Roberts
2 Carpenters
Wm. Smith . .
4
1
J. Lath»m .
1 Carpenter
1
2
2
1
Wm. Austin .
1 Carpenter, 1 Mason, 1 Shoe-
maker
1 Blacksmith. I Wheelwright,
1
-
I
-
Ilios. Hewsoa
_
2
1
1 Gunlock Filer
W.Wright .
1
1
Jno. WeekB .
1
1
1
Job. Walker .
1
1
Jas. Camey .
John Mandy
IhoB. HartTey
1
I
1
2Garpenteni
:
1
1
2
1
Wm. Stanton
1
J. Bailie
2 Shipwrights, 2 Masons, 1
Blackemith, 1 Wheelwright,
1 Carpenter
4
'
'
"
1* Rubridge .
1 Mason. 2 Carpenters
2
4
7
2
John J. Smith .
1
1
D. McDonald
1
2
2
1
Geo. Southey
-
1
1
T. P. Pfenn .
1
2
I
J. W. Hiles .
1 Leather Dresser
Wm Holder
1
D. & W. G Hobson
1 Carpenter, 1 Groom
3
2
James Waid
1
JcAn Henry Diion
-^—
_
1
1
1
James Wheder .
_
1
1
1
Jaa.Uaher .
1
2
1
RoKRodgen
1
1
1
"
156
Records of the Cape Colony.
Xames of Employers.
Thos. Lanham
J. Dednan .
Wm. Pike •
Geo. Mugleson
Stephen Gradwell
Thos. Peel .
Chas. Mouncey
Jno. Wainwright
Ghas. Gockcroft
Wm. Griffith
Isaac Dyason Senior
John H. Smith
0. Mackay .
R. Wicks
Thos. Jarman
P. HaU
John Sanders
John Moodie
B. Whitehead
Jos. Garburd
J. H. Heath .
John Carlisle
J. RafEerty .
W. Ogilvie .
L. Schmidt .
Henry Ulyate
Geo. Morrison
J. B. Biddulph
Bobt. Pim .
John Butt .
John Buckley
John Giddens
Samuel Birt .
Wm Wait .
Chas. Penny
John Ray
Samuel Bonner
James Vice .
Robt. Henman
WilUam EUiott
Richard Freemantle
John McKenny
Jeremiah Honey
Jno. Curtas .
Number of Mechanics with the
several trades wanted.
o .
1 Tin Plate Worker .
1 Joiner • .
2 Shipwrights, 1 Boat Builder,
1 Joiner
1 Joiner ....
1 Carpenter
1 Mason, 1 Carpenter .
1 Currier, 3 Shoemakers, 1
Tanner, 1 Saddler
A General Workman in the
Gun line, 1 Wheelwright,
1 Blacksmith
1 Wheelwright .
2 Shoemakers .
1 Tanner, 1 Currier
1 Mason .
1 Carpenter, 1 Mason
1 Carpenter, 1 Mason
4 Shoemakers, 2 Tanners .
1
2
3
2
3
4
1
1
2
1
1
4
3
2
2
If
1
1
1
1
3
oo
2
1
1
1
1
L
1
0
1
2
J3
O
4
1
1
1
4
1
1
2
2
1
1
2
2
1
1
1
2
1
1
1
2
2
2
3
1
2
2
4
2
1
1
I
I-
So
4
1
1
1
1
1
1
1
1
1
1
1
1
Eecords of the Cape Colony. 157
[Copy.]
Letter from Lord Charles Somerset to the Commissioners
OF Enquiry.
GovEBNMENT HousE, Cape Town, 24 September 1824.
Gentlemen, — I have the honor to state to you that imrne*
diately on the receipt of your letter of the ISthJInstant Instruc-
tions were sent to the Landdrost of Albany to purchase the
Erf and Garden adjoining the Chaplain's Residence agreeable
to your recommendation. That part of the Buildings upon
this Erf which adjoin the Chaplain's Residence will be attached
to it in future, but I have suggested to the Landdrost the
expediency of appropriating the more remote Building to a
School ; the value of this latter Building will be estimated
and the Interest upon the remainder of the purchase money
will become an annual charge against the Chaplain's Salary
agreeably to the Instructions contained in Earl Bathurst's
Despatch of the 31 July 1822. I have &c.
(Signed) C. H. Somerset.
[Original.]
Letter from the Commissioners of Enquiry to R. Wilmot
HoRTON, Esqre.
Cape Town, 24 September 1826.
Sir, — Mr. Carlisle who proceeds to England for the purpose
of hiring labourers and mechanics and conducting them to the
Albany District to serve there under Indentures to the emigran:t
settlers has requested us to recommend him to your favourable
notice. We willingly bear testimony to the respectability of
Mr. Carlisle, whose early exertions in the Settlement were
impeded by severe indisposition but have since been success*
fully renewed. . '^'^
We think moreover that Mr. Carlisle is Ukely to acquit
himself with credit of any engagement which His Majesty's
Grovemment may deem it expedient to enter into with him
for the conveyance of emigrant labourers from Great Britain.
I
•
158 Becords of the Cape Colony.
We are by no means disposed to question the statement
that he will present to you of the great disproportion in the
supply of agricultural and mechanical labour to the demand
that now exists for both in the Albany District, and we conceive
that the benefits arising from the introduction of useful
labourers would tend greatly to advance the prosperity of the
District, but as we observe that the rate of wages that the
Settlers engage to give to mechanics and labourers is much
below the prevailing rate of wages both in that District and in
those nearer Cape Town, we think that the same spirit of
discontent and disappointment that was so fatal to the engage-
ments made between the settlers and their former labourers
and that occasioned . so much embarrassment to the local
authorities on the first -emigration would not fail to shew itself
as soon as those labourers acquired a knowledge of the actual
demand for their labour in the Colony and of the benefits
which their engagements would thus prevent them from
reaping. It may be found practicable by Mr. Carlisle to induce
the number of mechanics and labourers that the District has
professed its readiness to employ to leave England and to
repair to the Cape of Good Hope on the terms he is prepared
to offer, but we think that his chance of success will be improved
if that rate should be held out as the minimunLK)f what they
are to expect, with permission to take advantage of such
higher rate as they may be able to procure upon their arrival
in the Colony. We think that by these means the evil con-
sequences arising from premature engagements might in a
great measure be obviated, while at the same time the Govern-
ment in sanctioning the measure would receive a guarantee
for the immediate and adequate support of the persons who
agreed to emigrate, and the settlers would ultimately benefit
by the augmentation that would be made to the general stock
of labour and on which they must exclusively depend for any
permanent reduction in the wages of labour throughout the
Colony. From some conversation that we have had with Mr.
CarUsle he is disposed to concur with us in the view we take of
the advantages derived from the unrestricted condition of the
labourers on their arrival, but he is at the same time of opinion
that the present rate of profit in the cultivation of land in the
Albany District will not enable the Settlers to pay a higher
Eecords of the Cape Colony, 159
rate of wages than that which they have pledged
to give by the terms of their propoeaL In the erent 6t those
or even better terms being obtained by the emigrant labomers,
we see no objection to the dedncticm dt a certain amount from
their yearly wages as an indemnification to Giirenmient for
the expense of transport, with the exception 6t boys and girls
under the age of 15 years who do not at ]xesent obtain a
remuneration for their services that would admit of a reduction
on this account. The charge as in several matanoes that have
occurred would fall upon the parents, and it ifouhl be a great
encouragement to indigent families destroas ci emigrating to
be relieved from it. We have 4c.
(Signed) Johx Thomas Bigoe,
William M. G. Colebbooke.
[Office Copy.]
LeUer from K. W. Hat, Esqbe., to George Harbisos, Esqbe.
DowxzsG Stkekt, 25 SeptenAer 1925.
Sib, — I am directed by Sari Bathurst to transmit to you
two dispatches, Nos. 183 and 184, which have been received
from the Grovemor of the Gape of Grood Hope ; the former
transmitting a petition addressed to His Majesty by a Com-
mittee representing the freeholders and inhabitants of that
colony, convened for the purpose of taking into consideration
the operation of the Ordinance of the Governor for establishing
the British metallic currency as the circulating medium of the
colony ; and the latter enclosing the proceedings in council
upon this subject.
I likewise transmit a letter which has been received from the
Commissioners of Inquiry, containing observations which have
occurred to them in the consideration of the above measure ;
and I am to request that you will lay these papers before the
Lords Commissioners of His Majesty's Treasury, for their
Lordships' consideration. I am &c.
(Signed) R. W. Hay.
100 Records of tlu Cape Colony.
[Original.]
Return of Troops serving at the Cape of Oood Hope on the 25th
of September 1825.
Officers of all ranks at the Regimental Headquarters or on
Detached Duty at the Station . . . . .135
Sergeants, Trumpeters, Drummers, and Bank and File :
Royal Artillery 69
Royal Sapper and Miners ...... 21
49th Regiment 679
55th Regiment ........ 580
98th Regiment 558
r Cavalry 250
^^P^^^P^i Infantry 267
Grand Total 2,459
(Signed) C. H. Somerset, General Commanding.
[OflSce Copy.]
Letter from R. W. Hay, Esqbe., to Major General Bourke.
DowNiNQ Street, 2Qth September 1825.
Dear Sir, — I beg to acknowledge the receipt of your letter
of 26th Instant, and I am sorry that it is out of my power to
give a favorable answer respecting Mrs. Stretch's application.
It is inconsistent with the established Regulations to grant free
Passages to private individuals in Public Ships, and it would
be equally irregular, were you to return Mrs. Stretch's and her
Granddaughter as part of your suite, in order to procure them
a Passage on board the King's Ship which will carry you out to
the Cape. I beg to return you the two inclosures of your letter.
I am &c.
(Signed) R. W. Hay.
Records of the Cape CoUmy. 161
[Original.]
Letter from the Secbetast to Goyskstment to B. Wilmot
HOBTON, ESQBB.
Cape of Good Hope, 2tt& September 1^5.
My deab Sib, — ^Yoa will at last receive by this opportunity
a draft of the proposed Order in Council for the amelioration
of the Slave Population in this Colony.
I have had a very hard battle to fight to get it to assimilate,
as nearly as it does now, to the Trinidad Order in Council, and
I still fear you will think it incomplete.
The Chief Justice has resisted almost every change, in which
he has been backed by Lord Charles, they being both of
opinion that the Proclamation of 18th March 1823 should not
have been extended or interfered with.
The explanations for the deviations which have been made
from the Trinidad order are, with very few exceptions, written
by Sir John Truter, and his Dutchified English is not very
clear. In some of the deviations I agree perfectly with the
Council, especially in the first, for I cannot conceive how the
advocate expressly appointed to defend one party should act
asr a Magistrate. I also think that until a better system of
Education takes place, it will be absolutely necessary to
authorize some gentle chastisement for the women.
By the Trinidad order slaves are not to be sold separately
from their wives, husbands or children, under sentence of a
Court of Law. We have made this Regulation general, in
every case of sale. In the clause prohibiting slaves from
working for their own profit on Sunday, the exception is
extended in our draft to pressing occasions. This was the only
means of getting the clause inserted at all, as it is a common
custom here to work on Sunday. The whole Council were
against me, and altho' I am aware that those slaves who do
work on Sundays, are generally of the better class, and that
many of them employ their time worse in the public houses,
stiU I could not allow of the principle being recognized.
Whatever we may enact however upon this head, until the^
population increases, and labour becomes cheaper than it now
is, we shall never be able to put a stop to the present practice.
xxni. M
A
162 Records of the Cape Colony.
Indeed I confess myself that I think any precipitate attempt
would do much mischief. The old Colonists are certainly very
sore and very irritated at the present moment. The fear of
emancipation of their slaves, in which the great bulk of their
property consists, the reduction of the duties on French and
Spanish wines, and the settling the rixdollar at eighteen pence
have altogether contributed to excite a considerable degree of
dissatisfaction and ferment, altho' nothing has yet shewn
itself openly, but they talk very strongly on the subject.
I think it absolutely necessary that should the present
Order in Council, or an amended one, be sent out for promul-
gation here, that Clause should be inserted which pledges the
Government not to interfere with the rights of the proprietors
in their slaves and to their services.
We have made an exception from the general rule of not
selling separately mothers and children, where in cases where
from the notorious bad character of the mother, it would be
injurious to the wellbeing of the child to comply with the rule.
As to slave evidence, the Courts here have always considered
slaves as competent evidence, and have even admitted them
as such, without their understanding the force or obligation of
an oath. This latter point is still left to the discretion of the
Court.
We have made the Registrar of Slaves, the Protector (or
rather the Guardian, which was deemed to be a more palatable
title) for- no other reason that I could make out but because it
was so done in the Trinidad order, but I conclude that when a
Protector or Guardian is appointed, the present duties of the
Registrar will fall as a matter of course into the office of
Protector, as we cannot aflEord to pay two Heads. The present
Registrar is Major Rogers, late Military Secretary to Lord
Charles, but I conclude the Protector must be a legal man.
You will perceive in clause 26 that the owners of Christian
slaves and Christian slave children are relieved from all taxes
which now are or which may be henceforth specifically levied
upon slaves. In the next clause the said owners are obliged
to send their Christian slave children to school, but there is no
penalty for not doing so. Now in my opinion the relief from
taxes should only be granted on a certificate, not only of
Baptism but of the slave children belonging to such owners
Records of the Cape Colony, 163
having attended the schools. I wish to call your notice
particularly to this point because I am aware the Commissioners
of Enquiry think of proposing a tax on slaves here. At
present they are partially taxed only in one or two districts.
The council are also of opinion that the restriction to the
Protector or Guardian of not being a slave owner or holder
applies only to slaves used in agriculture, and not to domestic
slaves. I think this would be a dangerous exception, and I
therefore call your attention to it, at all events with the
Protector, if not with his deputies in the country districts.
I cannot conclude this subject without observing that
whatever enactments you may make for the amelioration of
the slaves, it will be impossible to do justice to them as long
as their Judges and Magistrates continue to be slave owners,
and a reform in our Judicial and Magisterial Establishment
win prove of more benefit to the slaves than any Order in
Council you can publish. I have &c.
(Signed) Richd. Plasket.
[Copy.]
Letter from the Secretary to Government to Commodore
Christian.
CoLONiAii Office, 26 September 1826.
Sir, — ^Mrs. Erith, the Wife of a British Settler who has
returned Home, (leaving her in a destitute state, with three
children) having applied to Government to be sent on to
England as a distressed British Subject, by some Government
Vessel, I have the honor to request that you will be good
enough to inform me whether she and her Children can be
accommodated on board His Majesty's Ship Espiegle, now
under Dispatch. I have &c.
(Signed) Richard Plasket.
M 2
164 Records of the Cape Colony.
[Office Copy.]
Letter from Eabl Bathurst to Lord Charles Somerset.
DowNiNa Street, London, 2,lih September 1825.
My Lord, — I have the honor to acquaint your Excellency
that in the event of your availing yourself of His Majesty's
permission to return to England the Lords Commissioners of
the Admiralty have instructed the Naval Officer commanding
on the Cape Station to afford your Excellency the necessary
accommodation on board His Majesty's Ship Samarang.
I have &c.
(Signed) Bathurst.
[Original.]
Letter from Major General Bourke to R. W. Hay, Esqre.
Southampton, September 27th 1825.
Dear Sir, — I have been favored with your note of yesterday ^
and beg to ihform you in reply that I shall have the honor of
waiting on Earl Bathurst on Thursday next at two o'clock in
obedience to His Lordship's Commands.
It occurred to me that it might be convenient to commit to
writing the principal matters upon which I am desirous of
obtaining Lord Bathurst's instructions, and I have accordingly
addressed a letter to you on this subject, which I now forward,
in order that there may be some little time for considering its
contents before I have the honor of seeing Lord Bathurst.
I have &c.
(Signed) Richd. Bourke, Major General.
I
Recm^ds of the Cape Colony, 165 i
[Original.]
Letter from Major General Bourke to R. W. Hay, Esqre. |
I
Southampton, September 21th 1825. i
I
Sib, — Conceiving it may promote the public service to receive
£arl Bathurst's instructions before my departure for the Cape
on certain matters which are likely to be brought before me in
the event of my being left in charge of the Government of the
Colony, I beg leave to submit for consideration the following
particulars upon which I request to know His Lordship's
pleasure.
It appears by several of the Dispatches of Lord C. H.
Somerset that various augmentations of offices, salaries and
pensions have been directed, and several new works undertaken
by the Colonial Government without the previous sanction of
Lord Bathurst ; and it further appears by dispatches to the
Governor of the Cape that some part of this increased expen-
diture has been disapproved of by His Lordship. There is
nevertheless great reason to imagine that several of the
augmented salaries and pensions are still continued and
several works in progress for which the Successor of the present
Governor may be required to issue Warrants at the risque of
surcharge, or by refusing to do so may subject Individuals to
great inconvenience and loss. I would therefore beg to have
some precise instruction on this head, which may either sanction
the grant of a Warrant in such cases, or may serve as sufficient
authority for refusing it, however much I may be pressed by
the Individuals concerned, or however injurious it may appear
to the Colony to put a stop to any public work already advanced
in progress. This object might perhaps best be answered by
obtaining from the office of the Colonial Auditors in London a
schedule of all items of expenditure sanctioned by Lord
Bathurst within, the last four years whether as augmentations
of previously existing charges, or altogether of new creation.
Amongst the^ objects of expense I beg particularly to call
Earl Bathurst's i attention to the arrangements announced in
the Governor's latter of the 31st March last in the new District
of Somerset. Having seen Lord Bathurst's dispatch of the
9th August in jft^ly, I should think myself bound to refuse any
166 Records of the Cape Colony.
payment on account of this District, did I not perceive by a
later communication from Lord C. Somerset that Erven had
been sold in the new Drostdy to the amount of 50,864 Rds.,
and in so far the condition required in Earl Bathurst's letter
of the 9th August seems to have been complied with. Doubt-
less as the Somerset Farm has been broken up and building
lots sold a considerable number of Persons may have repaired
to the Spot and it may have been necessary to appoint a
Kesident Magistrate.
With regard to the appointments at Port Frances, Algoa
Bay and Bathurst announced in the dispatch of the 31st
March last, I shall think it my duty in conformity to the
tenor of Lord Bathurst's reply of the 9th August to refuse
Warrants for any expense that may have been incurred under
those heads.
The Bepairs of the Government House at Cape Town and
of that of the Commander of the Forces at Newlands appear
io have exceeded the estimates and to have drawn from Lord
Bathurst some expression of dissatisfaction. As I shall.
probably find these Works still in progress I could wish for
some precise instruction respecting them.
The expense of the new Drostdy House at Worcester has
likewise been complained of ; but the building must I presume
be completed. The Auditors will however require Lord
Bathurst's sanction before they pass any part of this charge.
I have not been able to ascertain the most easterly point to
which it has been proposed to carry the road lately made over
the Fransche Hoek Kloof. I collect from the Dispatches I
have read that Earl Bathurst has sanctioned its formation
from Cape Town across the Cape Flats and over the Fransche
Hoek Mountain. The expense of so much of the Road has
been estimated at £9,230 sterling, and so far back as May 1824
the most difficult part of the work was nearly finished. Major
HoUoway reports that for the benefit of the Albany District
the road should be carried on thro' Kogmans 3Cloof to avoid
the Cradock Pass, which is represented as dangerous. Con-
sidering the great importance of good roads in a Country
where there are no navigable rivers or can/als, and where
coasting is peculiarly dangerous, I would su^bmit to Earl
Bathurst the expediency of continuing this road a\S far eastward
\
Records of the Gape Colony. 167
as may be useful, incurring only a certain annual expense to
be limited by His Lordship. It is in this manner that I
apprehend that another most useful work, the Survey of the
Colony, is now carrying on by the Engineers.
I have not been able to find any statement of Receipt or
Expenditure at the Cape brought lower down than to the 31st
December 1822. By an accompt of that date it should appear
that there was a Surplus Revenue of about 100,000 Rds., but
in a note to that accompt it is stated that several articles of
charge have not been inserted. It is probable therefore that
there was no surplus. The expenses of the years 1823 and
1824 have not I apprehend been less than those of 1822 nor
the income greater. Indeed I am informed from various
quarters that there is a considerable defalcation in the Colonial
Treasury and that the salaries of several of the Civil Servants
are in arrear. Should I find this to be the case, and that the
Income of the Colony is actually unable to bear its charges, it
would be desirable to have Earl Bathurst's leave to draw on
the British Treasury for a sum sufficient to pay oflF the arrears.
I mention this merely as a temporary expedient to prevent
encreasing discontent, for considering that the administration
of the Colony will rest Avith me during the absence of the
Governor only, it would be presumptuous in me, even if I
were capable, to undertake or propose measures by which the
expenses of the Colony might be permanently reduced within
the limits of its income.
On the subject of the Eastern District I may perhaps be
pardoned for offering a few remarks, and suggesting in the first
place that previous to my going thro' it, it would be a great
advantage to have some general idea of the intentions of His
Bfajesty's Government as to its Extent, Revenue and Estab-
lishment. It appears to me that it might conveniently consist
of the Districts of Albany, Graaff Reinet, George, and Uiten-
hage, including the newly created district of Somerset, which
has been formed out of these. The population according to
the Census of 1823 would amount to about forty-six thousand
souls. The most central and probably the most convenient
situation for the seat of Government Avill perhaps be found in
or near the Town of Uitenhage. This Town is distant about
20 miles from Port Elizabeth, the principal anchorage for
168 Rtcords of the Cape Colony.
Vessels trading directly with the Eastern District of the Cape.
It is not probable I understand that the mouth of the Kowie
can ever be made accessible to Ships of considerable tonnage.
With regard to the Revenue a certain part may be collected
within the District, such as the
Land Revenue,
Duties on Stamps,
Duties on Transfers and Sales,
Duties on Grants of Land,
The Commando Tax,
and if the forms of Dutch Jurisprudence are to be preserved,
Fees payable in the Courts of Justice,
Do. on appeals.
Do. in Fiscal's oflSce,
Do. Orphan Board,
Do. Sequestrator's oflSce,
Do. Slave Registry office,
to which should be added a proportion of the profits of
Banks of Loan and Discount,
Post Office,
Wine Taster's Office,
Customs. •
The last item is the most important ; and it will probably
be necessary to continue for some time the Customs as a source
of Revenue common to both Districts. The Establishment of
a Custom House at Port Elizabeth or Port Frances from
whence Vessels might clear out and in is however not the less
expedient, and has been recommended by the Commissioners
in their Report on the Albany District. To the foregoing may
be added certain incidental items of Revenue, such as Fines in
criminal cases and breaches of the Revenue laws, and the
Crown's moiety of Seizures.
The Officers and Persons to be employed in them must
depend upon the nature and extent of the business to be done.
If all the foregoing branches of Revenue are to be collected
the number must be considerable.
One of the principal items of expense to the Colony is the
Records of the Cape Colony, 169
maintenance of the Cape Corps, for the year ending 24 March
1822 £15,590 11*., the whole charge of which it may be en-
deavoured to throw upon the Eastern District where the Corps
is cantoned. But as the defence of the Frontiers is the defence
of the whole Colony, it will be only fair that the Colony at
large should bear the expense. It appears to me however that
a much smaller establishment and one differently organised
would serve to protect the borders from Kaffer depredations.
I should conceive that a body of Gendarmerie or Horse and
Foot Police similar to the Constabulary force in Ireland, and
under the command of the civil power would better answer
the purpose of preventing robbery or apprehending Robbers
than the Cape Corps in its present form. I see by the monthly
Returns of the 25th April last that of four troops of Cavalry
three were at Head Quarters at Graham's Town, and of the
same number of Companies of Infantry two were at the same
Head Quarters, so that but one Troop and two Companies
were detached for the prevention of depredations. The number
of Men of which this one Troop and two Companies consist is
about 200, a force if properly divided and put under the
command of active Chief Constables probably quite sufficient
to prevent depredation or apprehend depredators. For the
defence of the frontier indeed against hostile attack it would
be necessary to station in the Eastern District one Regiment
or part of one Regiment of those usually forming the Garrison
at the Cape. I believe detachments from these are even now
quartered in Graham's Town. The Cape Regiment to say the
least of it is as expensive as any in His Majesty's service, and
is chiefly regarded by the Army as affording to Officers the
means of obtaining a step of rank. The establishment consists
of 30 officers, of which 12 were absent with or without leave
on the 25th April last.
As the situation in which I shall find myself on my arrival
at the Cape must depend in great measure upon the plans and
movements of the Governor, I have but little to submit to
Earl Bathurst on the subject. But I beg leave respectfully to
observe that I conceive it will be inexpedient to take upon me
in either the civil or military departments any of the duties
formerly discharged by Lieutenant Governors of the Cape,
such as the command of the Garrison, which with the advan-
170 Becords of the Cape Colony.
tages of Pay and House attached to it, is now held by the senior
regimental officer present, or the duty of Assistant to the
Governor in Appeal cases, or under the late regulation a seat
in Council. If the Governor should decide to return to Europe
shortly after my arrival at the Cape, I shall be called to take
his place, and if he should not I would propose to proceed
without much delay on the duty of inspecting the Eastern
District and making those arrangements for the establishment
of its separate Government as are set forth in Earl Bathurst's
dispatch to Lord C. H. Somerset of the 20th August last, and
as may be more fully pointed out in my Instructions.
I have &c.
(Signed) Richd. Bourke, M. General.
[Office Copy.]
LeUer from Earl Bathurst to Lord Charles Somerset.
Downing Street, London, 2,%th September 1825.
My Lord, — I have the honor to acknowledge the receipt of
your Excellency's dispatch No. 177 dated 8th June last, in
which you state that you had authorized a small Schooner to
be built for Service at Port Frances at the Mouth of the Kowie
River ; and I regret to be compelled to acquaint you in reply
that as there does not appear to exist any reason for your
Lordship's having incurred such an expence Avithout having
previously referred to me for my sanction, I do not feel myself
at liberty to authorize this expenditure amounting to the sum
of Seven thousand four hundred and seventy Bixdollars, for
which, therefore, your Lordship Avill be held accountable.
I have &c.
(Signed) Bathurst.
Records of the Cape Colony. 171
[Original.]
Letter from Lord Charles Somerset to Earl Bathitrst.
Cape of Good Hope, 28 September 1825.
My Lord, — I have had the honor to receive your Lordship's
Despatch under date the 28th April last, No. 163, transmitting
to me representations from Messrs. T. Pringle, D. P. Francis
and Benjamin WUmot, and I have now the honor in obedience
to your Lordship's Commands to transmit to your Lordship
my Replies to Mr. T. Pringle's Statement.
In order to place them in the clearest light before your
liOrdship, I have divided Mr. Pringle's representation into
Paragraphs on one side of the Paper and have inserted my
Reply opposite to them, referring at the same time to Docu-
ments which I have put up as Annexures, and I trust the
whole will prove entirely satisfactory to your Lordship.
I hope in a very few days to be able to forward refutations
equally satisfactory to the Statement of Francis and Wilmot,
waiting only to receive some Documents from the Frontier
necessary to accompany them. I have &c.
(Signed) Charles Henry Somerset.
[Enclosure in the above.]
Replies of Lord Charles Somerset to Mr. Pringle's
statements,
4th. Lieutenant Colonel Bird, who was I understood in the
habit of corresponding with Mr. Thomas Pringle, read me at
different times passages in private letters from him expressive
of his satisfaction at his location.
8th. I gave Mr. Thomas Pringle the appointment of Sub-
Librarian at the particular request of Lieutenant Colonel Bird,
then Secretary to the Government.
9th. In transmitting his Prospectus for publishing this
periodical work (copy of which is annexed), Mr. Pringle never
on any occasion mentioned Mr. Fairbairn as being joined with
him in the undertaking, but merely the Rev. Mr. Faure.
172 Bei'ords of the Cape Colony,
10th. The total falsehood of this assertion will appear in
the Statement of His Majesty's Fiscal, in reply to this and
other paragraphs annexed. In lieu of the Fiscal having stated
to Mr. T. Pringle : "that several expressions had given me
much oflEence," it will be seen that I was totally ignorant of
the Fiscal's having any intention to communicate with Mr.
Thos. Pringle.
11th. The "Difficulty and Peril;' as Mr. Thos. Pringle
chuses to term his situation, were entirely created by his
wilfully departing from and disregarding the conditions of his
Prospectus. The Censorship that he talks of is the child of
his own brain, vide the Fiscal's statement. As for the pretended
pecuniary loss, and the number of subscribers exceeding Mr.
Thos. Pringle's expectation, I was confidently informed at the
time, that he was extremely glad to avail himself of any
excuse for discontinuing his Journal, as it was considered so dull
that its sale did not at all meet the expence of publishing.
12th. Mr. Pringle here avails himself, as he does throughout,
of an opportunity to make a wilful misstatement by calling
the press that was stopped " an independant Press," knowing
perfectly well that the press alluded to was dependant upon
its being carried on under similar restrictions to those by
which his own Journal was bound. This Memorial was signed
by all the lowest and most disreputable persons in the Com-
munity, and by scarcely any respectable person until Mr.
Hawkins (the Agent for the Honorable East India Company)
was induced to sign it, which was used as a handle to persuade
others to put their names to it.
13th. The whole of this Paragraph is gross and gratuitous
falsehood, and ought to render the writer's word unworthy of
credit on any subject.
14th. It is scarcely possible to comment with any temper
on assertions so impudently false as Mr. Thos. Pringle's in this
paragraph. Sir John Truter's letter (to whom I referred for
what passed at the interview I had with Mr. Thos. Pringle in
Sir John's pi*esence) will shew that my communication with
Mr. T. Pringle was the very reverse of what he has had the
audacity to assert it to be. The spirit of " hostility " and
*' vengeance " that Mr. T. Pringle has found it convenient to
assert I have manifested towards him, I conclude arises from
Records of the Gape Colony, 17$
his thinking that his conduct towards me, from whom he haa
received such unbounded favours (favours scarcely indeed
consistent with my public duty), entitled him to be so thought
of by me, but Mr. T. Pringle values his own consequence much
too highly if he supposes that I have bestowed so much con-
sideration upon him.
15th. The Fiscal's Statement will shew that the assertions
contained in this Paragraph are entirely inventions of the
Author.
16th. I positively declare that I never authorised Mr.
Advocate Cloete to make use of the expressions here quoted,
nor of any words to that eflEect, I merely authorised him to
state that I felt it my duty not to countenance the Establish-
ment of the Society for which he was deputed to solicit my
patronage. Mr. Advocate Cloete might have heard (not that
I am aware that I ever expressed it, although I certainly felt
it) that after the recent proof I had had of the total disregard
Afr. Thos. Pringle shewed to the conditions to which he had
solemnly pledged himself, I could not consider it consistent
with my pubUc duty to countenance any undertaking (which
must necessarily be bound by certain restrictions) in which he
was a leading character. Mr. Fairbairn was then only known
to me as the Usher in Mr. T. Pringle's school.
17th. A reference to the Statement of the Fiscal, to Sir
John Truter's letter, and to what has been said above, will I
trust be a sufficient refutation of the extravagant assertions
and unwarrantable falsehoods contained in this paragraph.
18th. I conclude this to be the invention of the writer's
brain, as I never heard of the circumstance, nor do I know of
any respectable clergyman in the Colony who is, or ever was,
in the habit of visiting at Mr. Pringle's house.
19th. I considered that the most satisfactory mode of
refuting this assertion was to refer it to the gentlemen of the
Committee for erecting a Scottish Church here. The Annexures
D. and E. contain the correspondence thereon, which com-
pletely and decidedly negatives Mr. T. Pringle's assertion.
21st. As far as I am acquainted with Mr. Pringle's character,
I only know that he has received greater favors from me than
any other individual has during nearly twelve years that I
have had the honor to administer the Government of this
174 Records of the Cape Colony.
Colony, and that as far as I have any knowledge of him he has
in return opposed my Government by every means in his
power. It will be seen by what has been said, and by the
Documents annexed, that there is scarcely a colour of truth
in any one of Mr. Pringle's assertions.
22nd. I cannot call to mind ever having mentioned Mr.
Pringle's Academy. I have frequently heard in the course of
conversation gentlemen complain that the School was much
neglected, and that their sons learnt nothing, and expressed
their anxiety that the Master of the Classical School expected
fro'm England should arrive, particularly Lieutenant Colonel
Cary, Royal Artillery, Lieut. Col. Blake, Deputy Adjutant
General, Sir John Truter, Chief Justice, (respecting his grand-
son), Mr. Pigou, in the Bengal Civil Service, &c., &c. Of
course these observations could not originate with me, although
it suits Mr. Pringle's convenience in his desire to calumniate
me to assert it. His School declined solely from its demerits,
it is needless to comment upon the repetition of the Falsehoods
contained in Paragraph 18.
23rd. In this paragraph the writer says " in the establish-
ment of which (meaning the School) he had embarked whatever
Capital (and credit) he could command," by a reference to
Paragraph 2 it will be seen that he avows his " personal
deficiency in Funds."
24th. With regard to Mr. T. Pringle's claim on the Govern-
ment, I have only to refer to the papers alluded to in the
comment on paragraph 21 ; by those it will be seen that Mr.
Pringle has received a Grant of 9,410 acres for himself and
party, they being entitled to only 1200, excess 8,210 acres,
exclusive of 500 acres to a Mr. Sydserflf, who as a half-pay
officer received (under a regulation established by the Acting
Governor) 500 acres, total surplus 8,710 acres, that he received
for his brother and brother-in-law under an assertion that they
were immediately coming out to the Colony 5,623 acres ;
these persons have never arrived, and Mr. Pringle retains the
whole Grant. That his brother Mr. John Pringle received a
grant of 2,936 acres, making a total of nearly 18,000 acres, for
the whole of which a rent of only 147 Rds. or £11 O5. 6d. per
annum is charged, and yet he has the audacity to soUcit a
further grant of land and compensation for his actual losses.
Records of the Gape Colony, 175
It will also appear by the correspondence that immediately
on Mr. Pringle's notifying in his letter of the 18th February
1824 that he had any surplus produce, I directed the whole
amount tendered to be accepted for the supply of the Troops
in that Quarter. I also acquiesced in his relinquishing his
party and adopting another course of life, placed him in a
respectable situation (Sub-Librarian), and indulged him with
retaining that Situation whilst at the same time he was keeping
a Grammar School, situations not strictly compatible with
each other except under great indulgence ; these are the Acts
of " Hostihty " and " Injustice " which have unexpectedly
overwhelmed this man with " Debts." It is thus that he has
been " svbjected to most severe and inexcusable iU-vsage,^^ these
are the instances of insult, of obloquy, of injury, and of per-
secution, that he has received, for the consequences of which
he asserts that I ought to be " amenable." If, as he avers, I
have " abused the power and influence of the Government entrusted
to wi«," it has been by heaping favors upon one who has dared
to pen such gross and impudent Ubels, and who has proved
himself in every point of view so unworthy of them.
I shall only comment upon one more expression contained
in Paragraph 27, "and above all in coming forward among
the first, frankly and fearless of consequences, to furnish
information of various flagrant abuses to His Majesty's Com-
missioners of Inquiry." I have deemed it necessary for my
own justification to communicate with His Majesty's Commis-
sioners as to the truth of this imputation, and annex their
reply. .
I shall now only add that I am confident if Mr. Pringle could
have supposed that Earl Bathurst would have permitted this
representation to be referred to me, he never would have had
the presumption (hardened as he may be in untruth) to have
transmitted it to His Lordship.
(Signed) Charles Henry Somerset.
176 Records of the Cape Colony.
[Original.]
Letter from the Secbetaby to Govebnment to R. Wilmot
HoBTON, Esqbe.
Cafe of Good Hope, 28<A September 1825.
My deab Sib, — By the ship Coesar which arrived here this
day fortnight we received newspapers containing the debates
in the House of Commons relative to this Government, and
which held out that leave of absence had been granted to
Lord Charles with the view of enabUng him to meet in person
the various charges which have been made against him. He
is naturally very anxious upon the subject, but not having
received a line either from Downing Street or from his own
family, he can of course not decide upon anything.
I have only to express my hope that the interregnum, if we
are to have one, may not last long. We are by no means in
a state here to do without an efficient head. I have already
written to you frequently upon this subject, and every day
that passes confirms me more and more in my opinion of the
perfect incompetence of the present Establishment to carry
on the Government with energy or with advantage. The
Colony is at present at its very lowest ebb, and something
must be done to alter the system in toto. The report of the
Commissioners of Enquiry when acted upon will I trust do
much good, but how we are to get on till that event takes
place I cannot make out.
Almost every single Department under this Government is
in a state of total incompetence to carry on its business. In
the Court of Justice, the Chief Justice threatens to resign,
indeed has actually done so. The second member of the Court
has been unable to attend to his duties for many months, and
the others have little weight, or are incompetent.
In the Court of Appeal I have already stated to you that
the Governor alone decides in civil cases, without any assessors^
and assisted only by a Secretary, in whom he places no con-
fidence.
Our Audit office is a perfect farce, and does more harm than
good, as it gives a semblance of sanction to what is really
never fairly investigated into.
Records of the Cape Colony. 177
The office of Captain of the Port is as bad. The chief is
Mr. Blair, Collector of Customs, who makes a sinecure of it,
while his Deputy, an old man of upwards of 70 years of age,
is quite superannuated, and our commerce is at the same time
dwindUng to nothing from the bad character of the Port, for
no other reason that I can make out but the want of an effective
Port and Pilot EstabUshment, upon which some confidence
can be placed.
In the Sequestrator's office, the arrears are so great, and the
business in such confusion, that the whole community are up in
arms against it.
In the office of Inspector of Lands, the situation in which
Mr. D'Escury still remains, as to his attack upon Lord Charles,
renders his services nugatory.
Some of the Landdrosts too and the Government Residents
are so overwhelmed with debt, and so involved in their circum-
stances, as to render them anything but respectable in the
eyes of those placed under their power and authority.
Besides these, a number of other offices, not of any conse-
quence excepting as swallowing up a great portion of the
revenue, are held by MiUtary officers belonging to Lord Charles'
staff, and by other sinecurists, as you will perceive by looking
at the Blue Book, and to wind up the whole of this melancholy
concern, the Burgher Senate, which is one of the most important
branches of the Colonial Administration, is in such a state of
absolute nonentity that it has become the laughing stock of
the place, and the Government monej'^ entrusted to it ^is
squandered away without authority or control.
I fear however I shall tire you with my constant complaints,
I think it my duty to make them, and must beg your early
attention to the following wants : —
1st. A new Auditor or Assistant Auditor to check our
accounts, which are now without any real check at all.
2nd. A new Captain of the Port, a Naval man, and an active
and intelligent one, otherwise we shall lose all our commerce
from the exaggerated statements of the danger of our Bay
and Coasts.
3rd. A Civil Engineer, with an establishment of artificers, to
keep down the heavy contingent expenses in repairs and
erections of public buildings, which carry away more of our
xxm. N
178 Mecords of the Cape Colony.
money than all the other contingencies in the Colony, and
which for some years to come cannot be avoided. We have
already appointed Capt. Hope of the Artillery Superintendant
of Government Buildings, but in him we have only got a
gentleman, which places us in a better situation than we were
before with Mr. Jones, but we want a professional man, an
architect, and a man well versed in the expense of building.
This is the great point we have to look to in the way of constant
annual expenditure, and being a necessary expence, the only
security will be in having a competent person to superintend it.
4th. That the Cape Corps, whether it be eventually paid
from the Home or Colonial Treasury, may receive its pay,
allowances and rations thro' the Commissariat Department,
as the King's Regiments do, and that whatever sum we are to
pay towards it should be paid in around sum of money every
6 or 12 months, to the Military chest.
I have no doubt that the Commissioners of Enquiry will
touch upon all these points, and to them would I willingly
leave them, were I not afraid that we shall be all ruined before
their Report can be received and acted upon.
I am doing all I can towards amelioration, but I get on very
slowly. We are now carrying one good measure into effect,
the division of the Police from the Fiscal's Department, but
here again it is only the system we shall improve, the men ar©
still incompetent.
As to the Burgher Senate, I have proposed to Lord Charlea
and to the Commissioners to place at the head of it, for two or
three years, Capt. Stockenstrom the Landdrost of Graaff
Reinet, who is universally allowed to be the most inteUigent
Dutchman and the best man of business in the Colony. He
is one of the very few men here who could bring that chaos into
anything like order, but I fear I shall not succeed in my plan.
As to our unfortunate port, I have done everything in my
power to recover its credit, by ordering depositions to be
taken of all accidents, shipwrecks &c., and I shall send home
by this opportunity, if possible, a return for last year, which I
think will shew that the losses have not been occasioned by
local difficulties or local situation. We have had a recent loss
in the Mulgrave Castle, a ship of 450 tons, which ran ashore
nearly upon the race course one fine calm starlight night, close
Records of the Cape Colony, 179
under the light House, the Captain supposing he was three
miles from the Light House and in the anchorage, but they
have also found out another excuse for this gross ignorance :
they say the Light House is iU placed.
To settle this point I have begged the Commodore to allow
the surveying squadron now here to survey the whole of Table
Bay, and to report upon the Light House &c., and if we can
get an active professional man as Captain of the port and a
few pilots in one of our Government vessels who would be
better employed in that way than at Port Elizabeth or Port
Frances, we should I trust in a great degree recover the
character of our Port. What would completely effect it,
would be for the Admiralty to order one, if not more of their
Men of War, small or large, to lie the whole winter in Table
Bay. Each of the vessels w:hich have been wrecked might
have been easily saved had there been a man of war or a good
Port establishment with Boats, anchors &c., at hand, ready to
assist them, and all the Naval Captains say there can be no
danger in a man of war lying the whole season in Table Bay.
In fact they seem to think Simon's Bay much more dangerous,
as scarcely a vessel enters without having met with or narrowly
escaped some danger in coming in.
I wrote to you some time since about the Orphan Chamber.
I now send an explanatory statement of balances. I have
since proi)osed to the Chief Justice, who is President of the
Orphan Chamber, that it should pay its own establishment,
but I wish you would reflect on the impropriety of allowing
so large a Capital to remain under the control of a few indi-
viduals.
As to the Chief Justice, he has sent in his resignation, but
will still continue to act. I hope and trust you will take
advantage of this proposed resignation, and send us out a new
Chief Justice without delay. He might sit in the Court of
Appeals until the new Charter with the English language be
promulgated and enforced. By this means he would learn a
good deal of what was going on in the Colony before he took
his seat on the bench, and the present Chief Justice, if he chose
to retire, might then be more easily spared.
We want very much here a Commissioner of Land Revenue,
as we had in Ceylon, by which appointment the office of In-
N 2
180 Records of the Cape Colony,
spector of Lands and Receiver General of Land Revenue
might be easily dispensed with. We could also do away with
the Wine taster's and the Wharf Master's offices, if we could
but get rid of the present occupants.
I hope you will let us know as soon as possible the decision
of Government relative to the remonstrances against the
ordinance of the 6th June last fixing the Rixdollar at Eighteen
Pence. The grand petition goes home by this opportunity,
but I trust you will have long before received the copy of it
I sent you via St. Helena several weeks ago.
As to our finances, we are perfect bankrupts, and it is
needless to conceal it, as we have not enough to pay our own
salaries, I have already stated to you that there are only two
ways of balancing our revenue with our expenditure, either
that the Cape Corps should be defrayed from the Military chest,
or that it should be much reduced, and all the sinecure places
done away with, and a rigid system of economy introduced.
And even in this case the Government at home would have to
pay for our public buildings, churches &c. Our present
establishment of Churchmen and Schoolmasters is beyond
what the Colony can bear, and yet we are constantly applied
to, and have occasion for many more.
You must do something for us at home, and I only hope that
the Report of the Commissioners of. Enquiry will render
palatable in the House of Commons that assistance which is
absolutely necessary to be given to us in one way or another.
You will find the expenditure of this year extremely heavy,
because I have done everything in my power to get all the
outstanding accounts settled. On my arrival here the Grovem-
ment was indebted for years past to workmen employed on
the public works, all of whom had had advances from the
Treasury, so that in fact when we appeared by our annual
accounts sent home to have a balance in the chest of from
twenty to thirty thousand Pounds there was scarcely one
shilling, the whole being absorbed in temporary warrants for
services not regularly brought to account. You must therefore
not be surprized at seeing-a* very heavy expenditure this year.
I have &c.
(Signed) Richd. Plaskbt.
Becorih of the Cape Coion^m 181
lOik October.
Since writing the above, the Espie^e has been detained by
Lord Charles to enable him to send home as much as possible
of the refutation to the charges of Bishop Bomett, Prin^ Ac.
The Alacrity and the Triumph have since arrived from England,
and Liord Charles has received letters from his own family,
but not a line has reached him from Downing Street. He
therefore remains quiet here. We have just heard of the
appointment of a Lieutenant Grovemor for the Elastem Districts
of this Colony. If he be a sensible man, it cannot but be
attended with great benefit, but a change in the Court of
Justice is what we most requne here.
R. P.
[Original.]
Letter from the Sbcretaby to Government to R. Wh-mot
HOBTON, ESQRE.
C01.ONIA1. Office, Cape of Good Hope, 28 September 1825.
Sib, — ^I have the honor to inform you, that in addition to
the one Himdred and Fifty Half Aums of Constantia Wine
forwarded to Earl Bathurst by His Majesty's Ship Andromache^
Seventy-five Half Aums are now under dispatch to His Lord-
ship's address, Fifty of which have been embarked on board
His Majesty's Brig Espieglej and the remaining Twenty Five
will be forwarded by His Majesty's Sloop Ariadne.
I have the pleasure to add that tUs Wine is reported to be
of a very superior quality. I have &c.
(Signed) Richabd Flasket,
Secretary to Government.
182 BeeardJi oj the Capt C€lony.
[Copy.]
Letter from Mb. D. \xs Rkenen to Captain Hare,
Aide de Camp to the Governor.
Bbewkkt, 28Cft SepUwher 1825.
SiBy — In answer to your enquiry made by desire of His
Excellency the Governor whether the Breeding of Horses has
been a profitable speculation to my Father since the purchase
of English Stallions, I have the honor to inform yon that my
Family were known to have been the first breeders of Horses
in the Colony, and consequently likely to pursue the best
method. But about nine years since we thought it expedient
to purchase two English Stallions, since which our annual
profit from breeding horses has been two thirds greater. In
proof of the benefit derived by the introduction of English
Blood Stallions, allow me to inform you that breeding of
Horses is now a more lucrative employment than any other
description of Agriculture, as will appear by my Father's
giving it the preference, though his Estate enjoys every
advantage which can render it eligible for the other kinds of
produce, not only on account of its soil but also from its
contiguity to Port Beaufort, by which no land carriage expenses
af e incurred. The following extracts from my books will serve
to verify my assertion.
1824. Sold 6 horses at 4000 Rds., 2 at 850, 1 at 850. 1 at
800, 2 at 1000, 1 at 750, 2 at 900, 21 at an average of 260 Rds.
each, in all 36 Horses for Rds. 14,400. Average for 36 Horses
previous to the introduction of the English Breed Rds. 5400.
I have, &c.
(Signed) D. van Rbbnbn.
[Office Copy.]
Letter from R. W. Hay, Esqrb., to G. Harrison, Esqre.
Downing Street, 2%ih September 1825.
Sir, — I am directed by Earl Bathurst to transmit to you two
dinpatohes Nos. 183 and 184 which have been received from
Records of the Cape Colony, 183
the Grovernor of the Cape of Good Hope ; the former trans-
mitting a Petition addressed to His Majesty by a Committee
representing the Freeholders and Inhabitants of that Colony
convened for the purpose of taking into consideration the opera-
tion of the Ordinance of the GrOvernor for establishing the
British Metallic Currency as the Circulating Medium of the
Colony, and the latter enclosing the Proceedings in Council
upon the subject.
I likewise transmit a letter which has been received from the
CJommissioners of Enquiry containing observations which have
occurred to them in the consideration of the above measure,
and I am to request that you wiU lay these Papers before the
Liords Commissioners of His Majesty's Treasury for their Lord-
ships' consideration. I am &c.
(Signed) R. W. Hay.
[Original.]
LMer from Thomas Pringle, Esqre., to the Commissioners
OF Enquiry.
Baviaans' River,
District of Somerset, September 29<A 1825.
Gentlemen, — I have the honor to acknowledge the receipt
of your letter of the 16th instant, in which you call upon me
to state the grounds upon which in my address to Earl Bathurst
I have imputed hostility to the Governor on account of my
having come forward to furnish information to you of various
flagrant abuses ; and further you desire to be informed in
what manner I conceive that the communications addressed
to you by me could have transpired or reached the Governor,
or even the knowledge of the fact that I had made such
communications.
In reply to the first query, I freely avow that I am not in
possession of positive evidence (or at least of such as I am at
liberty to bring forward)to prove that any part of theGovernor's
hostility to me arose from resentment of my communications
to you. I did, however, receive repeated hints and warnings
from a confidential quarter which distinctly impressed such a
184 Records of the Cape Colony,
conviction on my mind, a conviction not diminished by the
difficulty of accounting upon other grounds for the extreme
violence and inveteracy of his Excellency's avowed hostility
towards me.
In regard to the second point I beg to say that I never for
a moment conceived, and assuredly never in any shape in-
sinuated, that the slightest intelligence respecting my com-
munications to you could have transpired from your office.
However imperfectly acquainted with the precise nature or
objects of your commission, such an unworthy suspicion never
entered my brain ; nor do I apprehend that you now mean to
impute to me any such suspicion or insinuation. I find no
difficulty, however, in conceiving how some intelligence (how-
ever vague or inaccurate) of my communications to you may
have reached the Governor through other channels.
For example, one of the first matters I submitted to your
notice was the affair of the Tulbagh Drostdy and the abuses
connected with it. The principal evidence referred to by me
on that occasion was my relative Mr. Heatlie, and I was con-
sequently requested by a note from Mr. Gregory to attend at
your office on the 9th of August 1823, and to bring Mr. Heatlie
with me. I did so. Your office was at that time in Govern-
ment House, and the entrance hall and lobbies were generally
reported to be beset by spies of the Colonial Government, who
noted *the names of those who attended at your office, and
employed every art to fish out the nature of their business.
I am not, of course, prepared to prove the truth of this report ;
but as such conduct is not at all incongruous with the ordinary
policy of Lord Charles Somerset's administration (of which I
shall ere long furnish you with some additional illustration),
I have always considered that report as sufficiently probable,
and the rather, as I had myself frequently seen about that
time one of his Excellency's Aide de Camps or else Mr. Wm.
Jones (commonly considered to be Oliver the spy) prowUng
about those lobbies. You may perhaps recollect, (Jentlemen,
the extraordinary sensation occasioned at that very period by
exaggerated rumours of Mr. Heatlie's communications to you,
the threats of the Government to prosecute him for calumny,
&c., &c. It is not my business to say who was to blame in
giving rise to such rumours ; / was not. But that my agency
Records of the Cape Colony. 185
in bringing Mr. Heatlie before you was suspected by the
authorities, I have strong (though confidential) grounds for
believing.
Nor was the Governor's knowledge or suspicion of my com-
munications to you confined, as I apprehend, to this particular
occasion. My appeal to you about the Search Warrant was
of course well known, I made no secret of it myself ; I saw no
cause for being silent on that occasion ; my reputation was
assailed, and I courted investigation and pubUcity in my ow^
defence. I remember of meeting Mr. Whitefoord His Excel-
lency's late Aide de Camp in the anteroom as I left your office
that day. I know moreover that Lord Charles was aware of
my interview with you on the subject from a different source,
and, if I may credit my informant, he expressed himself in no
very gentle terms in regard to my conduct on that occasion.
It seems unnecessary to say more. It is sufficiently certain
that Mr. HeatUe, Mr. D'Escury, and others, the subject of
whose communications to you have transpired, through what-
ever means (without any imputation certainly being attached
to your office), have become objects of Lord Charles's implacable
resentment. My reference to you on the subject of the press,
the placard, and the Literary Society, I have never anxiously
concealed, though the precise nature of my communications to
you on these subjects was of course confidential. I conceived
that I was fully warranted to apply to you on these subjects,
or any other in which either my own interests or those of the
public were involved, and that even my open avowal of having
done so, had I openly avowed it, ought neither to have excited
personal hostiUty nor provoked persecution from his Majesty's
representative.
These remarks will I trust sufficiently explain the grounds
upon which I have ascribed hostiUty to the Governor on
account of my communications to you, and the nature of the
channels through which I conceive the knowledge or suspicion
of such communications to have reached him. I have &c.
(Signed) Thos. Pringle.
I
186 Records of the Cape Colony
(Original.]
Letter from Major General Bourke to R. W. Hay, Esqre.
76 WiitfPOLE Street, September Z(Hh 1825.
Sir, — I have the honor to enclose for Lord Bathurst's
information a memorandum put into my hands by the Rt. Revd.
Dr. Poynter. Conceiving that some time may be saved by
bringing the matter at once under Earl Bathurst's notice, and
as His Lordship may perhaps choose to send out to the Cape
some instruction on this subject by me, I have thought it
right to comply with Dr. Poynter's request to lay the enclosed
before his Lordship. I have &c.
(Signed) Richd. Bourke, M. General.
[Enclosure in the above.]
Previous to the capture of the Cape of Grood Hope by the
British forces under Sir David Baird there were three Catholic
Clergymen at the Cape, two of whom were supported at the
expense of the Dutch Government.
All the three Catholic Clergymen were sent to Holland,
together with the Dutch Garrison, when the Cape was taken
possession of by the English.
In the year 1818 or 1819 Earl Bathurst allowed a Catholic
Priest, the Revd. Mr. Scully, to go to the Cape, who for his
spiritual powers was dependent on Bishop Slater residing at
the Mauritius. Mr. Scully complained much of a deficiency of
the means of subsistence. He has now left the Cape, and left
1300 CathoUcs (of whom 600 are soldiers) in Cape Town,
besides 4000 Irish Catholics in the interior of the country,
without a Pastor, without reUgious instruction, and deprived
of the comforts of ReUgion. A medical gentleman, a resident
of Cape Town, Mr. H. B. van Horstock, is lately come from the
Cape to Holland in search of some CathoUc Clergymen. He
has found one, the Revd. Mr. Wagenaar, well recommended,
and is preparing to return with him immediately to the Cape.
Considering the number of CathoUcs at the Cape, and the
nature of the spiritual Ministry of the Catholic Church, in
Records of the Cape Colony, 187
instructing Individuals, and in attending the sick and dying,
it appears that there should be more than one Priest in that
place.
The undersigned entertains a hope that by the kind recom-
mendation of His Excellency Major Greneral Bourke His
Majesty's Grovernment will take this subject into its considera-
tion, and will be graciously pleased to make a suitable allowance
for the support of at least two Catholic Clergymen at the Cape,
as the Dutch Goyernment did formerly, in consideration of
the number of CathoUcs in the Garrison.
(Signed) f William Poyntbr, Vic. Ap. Lond.
4 Castle Street, Holborn, August 24, 1825.
[Office Copy.]
Memoranda of Arrangements for Major General Bourke on
his proceeding to the Cape of Oood Hope.
Lord Bathurst having generally approved of the suggestions
on matters of finance contained in M. Grenl. Bourke's letter to
Mr. Secretary Hay of the 27th inst.. His Lordship has proposed
to write a letter to General Lord C. Somerset on the subject,
which will also be the rule of M. Grenl. Bourke's conduct in the
event .of his being left to administer the affairs of the Colony,
and it will therefore be desirable that M. Gtenl. Bourke should
have a duplicate or copy of that letter.
Lord Bathurst having also approved of the proposal made
by M. Genl. Bourke of drawing on the British Treasury for
any sum that may be absolutely required for discharging the
arrears of Pay (if any) due to the Civil Servants of the Colony,
such sum to be taken as a loan only, and the amount to be
repaid as soon as possible out of the Colonial Treasury to the
Assistant Commissary General at the Cape, it will be desirable
that M. Genl. Bourke should have a separate letter authorizing
him to adopt this measure ; such letter to be used or shewn
only if the urgency of the case shall require it, on M. Genl.
Bourke's being left in charge of the Government.
.188 Records of the Cape Colony,
M. Genl. Bourke conceives it will be advisable that he
should take out with him under the King's sign manual his
Commission as Lieutenant Governor of the Eastern District
of the Cape, with authority to succeed to the Government of
the Colony in the event of the death or absence of the Governor
for the time being. When on the final division of the
Settlement into separate Governments a Commission with
more ample powers may be required, it may be forwarded
from home and exchanged for the former. In the meantime
M. Genl. Bourke's instructions may limit the exercise of his
powers in the Eastern parts of the Settlement to the inspection
and survey of such of its provinces as he may think necessary.
When Lord Bathurst shall have had further time to consider
the subject, M. Genl. Bourke will be glad to learn how far his
ideas as submitted in his letter of the 27th inst., with reference
to the extent and revenues of the Eastern District are approved
by His Lordship, as without some general notion of the wishes
of Government on this head, M. Genl. Bourke's Reports from
the Country and his projects for the establishment of the
separate Government might be too wide of the mark, and might
create lengthened discussion and considerable loss of time.
It wiU be advisable that Lord C. Somerset be directed to
issue M^ Genl. Bourke's pay and that of his Aide de Camp
quarterly from the 16th of August last, together with the
Rent of a furnished House in or near Cape Town for M. Genl.
Bourke's use. His pay has been fixed at £3,600 per annum
sterUng. The Aide de Camp's is lO^. a day. It will be
desirable that M. Genl. Bourke should have a duplicate copy
of that letter.
Previously to embarking M. Genl. Bourke will have to
request Lord Bathurst's sanction to an advance from the
Agent here of a quarter's Salary. Considerably more must be
due to Genl. Bourke on his arrival at the Cape, when the
amount of the advance shall be immediately made over to the
Assistant Commissary General there.
September 30th 1825.
Records of. the Cape Colony^ 189
[Office Copy.]
Letter from R. W. Hay, Esqre., to W. Blair, Esqre.
Downing Street, 30 September 1825.
My dear Sir, — With reference to the arrangement by which
you were expected to remunerate the Captain of the Helicon
for your accommodation during your passage to the Cape of
Grood Hope on board that Ship, I beg to acquaint you that the
usual allowance in such cases, and that which you will probably
be expected to pay, amounts to the sum of Seventy Seven
Pounds, which includes a Provision for a reasonable number of
Servants.
It will therefore be advisable that you should pay this Siim
into the Treasury in order that it may be issued upon the
authority of the Lords of the Admiralty to Captain Acland of
the Helicon, Believe me &c.
(Signed) R. W. Hay.
[Office Copy.]
Letter from R. W. Hay, Esqre., to W. A. Hankby, Esqre.
Downing Street, 30 September 1826.
Sir, — With reference to your letter of the 14th October last
year, transmitting the Memorial of the Reverend John Philip,
Superintendent of the Missions of the London Missionary
Society in South Africa, together with the documents referred to
therein ; and also a letter to Dr. Philip from the Commissioners
of Enquiry at the Cape of Good Hope : I am directed by Earl
Bathurst to acquaint you that in pursuance of instructions
which were transmitted to Lord Charles Somerset on the sub-
ject, his Lordship has authorized the Lands prayed for by Dr,
Philip to be given over to the Superintendent of the Missionary
Society at Bethelsdorp, Mr. Kitchingman, for the use of the
Hottentots of that Institution. I am &c.
(Signed) R. W. Hay,
190 Records of the Cape Colony,
[Office Copy.]
Letter from R. W. Hay, Esqre., to Sir Ritfane Donkin.
Downing Street, 30 September 1825.
Sir, — I am directed by Earl Bathiirst to transmit to you
copies of a dispatch and of its inclosnres which have been
received from Lord Charles Somerset respecting certain
advances made from the Public Treasury of the Cape of Grood
Hope, under your verbal authority, during the period you
administered the Government of that Colony, and upon which
the late Colonial Secretary Colonel Bird has expressed his
inability to give any explanation : and I am to request that
you will transmit, for his Lordship's information, the necessary
explanations respecting the grounds upon which you con-
sidered it expedient to authorize this expenditure, amounting
to the sum of Three thousand seven hundred and seventy three
Rixdollars, One Skilling and four stivers. I am &c.
(Signed) R. W. Hay.
[Office Copy.]
Letter from R. W. Hay, Esqre., to J. W. Croker, Esqre.
Downing Street, 30 September 1^5.
Sir, — I am directed by Earl Bathurst to transmit to you for
the information of the Lords Commissioners of the Admiralty
copies of two letters which have been received from Mr. Kjiox^
respecting the formation of a safe and commodious Mole or
Harbour within Table Bay at the Cape of Grood Hope, together
with a Plan thereof with its accompanying explanation : and
I am to request that you will favor me for the information of
his Lordship with any observations which the Lords of the
Admiralty may think necessary to make thereon. I am &c.
(Signed) R. W. Hay.
Records of the Cape Colony, 191
[Original.]
Report of the Commissioners op Enquiry to Eabl Bathurst
upon a proposed Chartered South African Company.
Cafe of Good Hofe, 30 September 1825.
My Lord, — Having taken into our consideration the proposal
that has been submitted to your Lordship by several respectable
Individuals for the estabUshment of a Commercial and Agri*
cultural Company at the Cape of Good Hope and the directions
contained in your Lordship's Despatch of the 20th April to
report upon the expediency of making the concessions that
are considered necessary to its success as well as the correctness
of the views that have been taken of the natural resources of
the Colony and the returns that they may be expected to
yield under a judicious system of management, we have the
honor to submit to your Lordship the following observations.
Without entering into the causes of the disappointment with
which former schemes of emigration to the Cape of Good
Hope have been attended, we cannot help remarking the
advantage that the present one holds out of being supported
by an adequate outlay of capital ; for altho' the climate and
soil of this Colony may be considered generally favorable to
the cultivation of grain and to the production of fruits, yet it
would be an error to suppose that artificial means and those
of an expensive kind are not required to promote and assist
them. The principal supply of grain is derived from a district
that enjoys the singular advantage of a strong and fertile soil,
a climate less subject to the calamity of continued drought
than that of the other Districts, and a great facility of access
to the principal market. Here however, as indeed in most of
the other Districts, it will be found that the best situations
are already occupied, and that in those that remain a greater
degree of exertion and a greater expenditure of capital will
be required to place them upon a level with the lands of the
older occupiers.
With reference therefore to the first question proposed for
our consideration, we apprehend that the object of the associa-
tion as far as regards the cultivation of grain and production
of fruits, in which we may include that of the olive, must
192 Records of the Cape Colony.
necessarily be limited to the acquirement either of such places
as they may be enabled to obtain by purchase, or by the
grant of such Tracts of Land as are favorably situated with
respect to market and soil but stand in need of artificial
assistance to render them productive and profitable.
This assistance will be found principally to consist in the
discovery and opening of springs of water, and in the application
of all the customary and expensive means of preserving, con-
ducting and distributing it, whether derived from new sources,
or from the natural and scanty supplies that the Country
affords. The diflSculty of leading out water from the depressed
levels of the beds of rivers and rivulets, and securing a supply
during the droughts of summer, may be considered as generally
inherent in all Tracts of the Colony, tv^hether appropriated to
the purposes of cultivation or the rearing of cattle.
The Districts that are situated between the mountains and
the sea are fertihzed by copious rains in the Winter Season,
and they constitute the only exception to the general want of
moisture which prevails throughout the Colony, and which in
the interior and elevated Districts renders extensive Tracts
entirely barren, except where the Land can be irrigated ; it is
then found to be peculiarly fertile.
We have had occasion to observe that the Tracts of Land
that are most favorably situated with respect to Market are
already occupied ; and the Possessors of them are generally
persons who by economy, and occasionally profiting by thfe
high prices of grain, have been able to construct large and
«ubstantial dwellings, and may perhaps be found unwilling to
dispose of their property without a premium. From the want
of regular and acknowledged means in the Colony of employing
Capital, and from the obligation which the Law imposes upon
parents, of making an equal division of their property in favor
of their children, it has been usual in most transfers of land,
or divisions of inheritance, to leave a considerable portion of
the purchase money on the mortgage and security of the
estates and buildings, in cases where the parties beneficially
interested in them give their consent. Immediate advances
are therefore seldom required in the sale of land in the Colony ;
and now that a fixed and permanent value has been given to
the currency, which it did not possess in times antecedent, we
Records of the Cape Colony. 193
conceive that such stipulations will become of less importance
to the seller.
We have no doubt however that the command of capital
that the present proposal impUes would greatly tend to f aciUtate
negotiations of this nature.
With these Resources, detached farms may be purchased by
the Company, and subsisting mortgages may be paid off^
unless the mortgagees should be wiUing to submit to a reduction
in the rate of interest, which is generally six per cent per
annum.
We are not aware of the existence of any unappropriated
Tracts in the vicinity of the Cape Markets, but some good
farms might perhaps be purchased in the district called the
Twenty-four Rivers, that would meet the object of the Com-
pany's speculation. It possesses the advantage of a good and
tolerably even road of communication with Cape Town, and is
distant from it only fifty miles.
It is to be observed however that the Districts in which the
best com is produced are not so favorable to the rearing of
cattle or sheep, the Company therefore would find it greatly
conducive to their interests to acquire farms possessing those
advantages in the other Districts of the Colony ; and where
they might have opportunities of affording ranges of fresh
pasture to their stock, and of adapting the different processes
of agriculture to the perpetual variety that presents itself both
of soil and climate in Districts that are not far distant from
each other.
We observe that in the paper that has been submitted to
Your Lordship, a desire has been expressed to obtain the
Government Farms. It probably was not known to the
Gentlemen by whom the paper was drawn up that the Govern-
ment Farms, with exception of 22,000 acres that are reserved,
are now under lease to individuals for the term of 28 years, of
which 20 are unexpired.
It was considered expedient at the expiration of the former
leases to let them by auction to the highest bidders, a com-
petition, created by circumstances of a local and temporary
nature, contributed to raise the rents much beyond their
former rates, but the present Lessees have suffered greatly by
the late unfavorable seasons, in many instances the rent^
xxin. o
194 Records of the Cape Colony.
have been reduced, and those of a great proportion are now
in arrear.
The whole extent of the Government Farms that are let on
Lease may be estimated at 110,980 Acres, and they are generally
well watered. The soil is Ught, and produces good herbage for
cattle and sheep, but it is not so well calculated for the cultiva*
tion of grain. It is very probable that many of the Lessees
of these Farms would be disposed to transfer their Leases at
the present Bents ; but under the circumstances we have
stated we do not think that the occupation of them would be
attended with such advantage as to make them objects of
preferable, or even of desirable acquirement.
From the foregoing statement, it will be immediately inferred
that a judicious selection of detached farms in the districts of
the Cape, Swellendam, Stellenbosch, and Tulbagh, will be
much more Ukely to promote the views of the Company than
the acquirement by grant of a large tract in any one spot
from Government, even if such a concession were now practi-
cable. Respecting the prices for which farms so situated may
be procured it is difficult to speak with much precision. Their
respective values differ not more from local circumstances than
they do from the motives that lead to their alienation. It
may however be stated that a full Loan Place, consisting of
6000 acres with buildings, may be purchased for 700 or 800
pounds sterling, and that lands of the same extent, and the
tenure of which has been made perpetual on payment of a
reasonable Quit Bent, may be purchased for 1200 to 1500
pounds sterling.
The observations that have been made respecting the
Districts of the Cape, Stellenbosch, Swellendam and Tulbagh,
apply equally to those of George, Uitenhage, and Graaff Reinet,
with this difference however in the former, that any increase
in the quantity of land cultivated in grain must depend upon
the increased facilities that may be given to the transport of it
by means of improvement in the principal inland communi-
cations, and the encouragement of the Coasting Trade ; while
in the latter the expence of transport by land must continue
to check the cultivation of grain, except for domestic use.
In the Districts of Tulbagh, Graaff Reinet, and Swellendam,
extensive tracts of land denominated Karroo, yet remain un-
Records of the Cape Colony, 195
granted, in which the natural fertility of the soil is exhausted,
and the powers of vegetation suspended by the long continuance
of drought and the scanty supplies of natural moisture. These
tracts afford pasturage to sheep when that of the more elevated
ranges of the districts called the Cold and Warm Bokkeveld
and the Nieuwveld suffer from the frosts of winter. We are not
aware that any artificial means have yet been tried to discover
springs of water ; or to secure a sufficient supply for the
purposes of irrigation by collecting the rain that falls in showers
during the Summer Season ; but from the remarkable effects
that have been produced by that process upon land of exactly
similar quality, and situated neariy in the same latitude, Httle
doubt can be entertained of the extent of its productive powers
when thus brought into action. We should therefore feel no
difficulty in recommending to the Company to direct their
attention to the occupation of these tracts, and we think, with
a view to the encouragement of the undertaking, a grant of
not less than 20,000 acres may with propriety be made to
them, exempted from the payment of Quit Rent for a period
of 15 years. We should further recommend that in determining
the Boundaries of such a tract, it might be considered sufficient
to designate them by the direction and bearing of such natural
objects as present themselves on the surface, and thereby spare
the heavy expence as well as the delay which is found to attend
the surveys of extensive tracts of waste lands, executed in the
detailed form that the present regulations require.
Our observations have hitherto appUed to the proposed
acquirement and occupation of land for the purposes of culti-
vation, we proceed to offer a few remarks upon the other
objects proposed by the Company.
The rearing and feeding of stock in the Colony has we
believe at all times been attended with greater, and more
certain profit, than the cultivation of grain ; and the great
extent of pasturage that until lately has been av€dlable to
proprietors of stock in the Frontier Districts has enabled
them to support and increase their numbers, and to defy the
influence of continued droughts and unhealthy pasturage
during certain seasons of the year, as well as the frequent
depredations of wild animals. The number of homed cattle
and of young horses that perish from these causes is very
o 2
196 Records of the Cape Colony.
considerable, and those who wish to protect themselves from
their constant recmrence must resolve to incur the expence of
providing effectual shelter for their cattle both at night and
in the winter ; and also better food during the Seasons in
which the natural pasturage in some situations becomes
deleterious and destructive. The storms of rain that have
occasionally occurred have been also greatly destructive of
sheep, which are left without shelter, in open kraals or fenced
enclosures.
We are aware that these precautions are not deemed necessary
by the native Boers, and it is probable that their prejudices in
favor of their own system will render them blind to the gradudl
approach of that period in which the increase of population
and the operation of the law that is creating a perpetual sub-
division in the property of Families will at last compel them
to contract the ranges of their cattle, and to provide for them
by raising artificial food and affording them effectual protection
against the changes of season and other casualties to which
they are now so much exposed.
The attention of the Boers has been hitherto confined to the
multiplication of their stock, and the Frontier Districts of
Graaff Reinet and Uitenhage that formerly comprehended the
present District of Albany and part of Somerset, have been dis-
tinguished for the breeding and fattening of sheep and cattle.
Very large tracts have lately been granted in the Graaff
Reinet District, and occupancies of land have been conceded
beyond the boundaries of the Colony, principally with a view
to the preservation of the Stock in the dry seasons. For
reasons that we shall submit hereafter we forbear to recommend
any extension of this system in the direction of Graaff Reinet,
nor is it in our power to afford even an approximate view of
the quantity of land that may be yet undisposed of in that
quarter. The surveys of the intended Boundary of that
District have been very recently executed, but they afford no
means of ascertaining the quantities of land that are at the
disposal of Government. On the Albany Frontier and between
the Great Fish River and the Keiskamma, bounded on the
west by the former and on the east by the sea, a large tract of
land presents itself which we conceive is more likely to meet
the views and to favor the agricultural objects of the Company
Seeards of ike Cape Colony. 197
than any other in the Colony. It has hitherto received the
appellation of the Neutral Territory, from the stipulation that
was entered into respecting it between Gk>Temor Lord Charles
Somerset and the Chief Graika, acting on behalf of the neigh-
bouring Tribes, who were accustomed to frequent it for the
purposes of hunting, and also for supporting their predatory
incursions upon the Lands situated to the south of the course
of the Fish River, which had been r^arded as the Boundary
of the Colony ever since the effectual repulse of the Savage
Tribes in the years 1812 and 1819. The terms of this Treaty
were not reduced to writing, but from the recollections of
those who took a principal part in it, we are led to conclude
that it was agreed that the British Gk>vemment should remain
in military possession of it for the better protection of the old
frontier line of the Fish River ; but that if it should be the
policy of the Grovemment to occupy it, the inhabitants should
consist of Englishmen, and not of natives of the Colony or
Dutch Boers. We conceive that it was in conformity to these
intentions, subsequently confirmed in a short interview held
between the Acting Gk>vernor Sir Rufane Donkin and the
Chief Gaika in the year 1820, that the Settlement of Fredericks-
burg was made. For further explanation of these terms, we
beg leave to add that it was considered to be very important,
with a view to prevent the imcontrolled expeditions of the
Boers against the Caffre Tribes, and to suppress the spirit of
violent retaliation of mutual injuries with which both were
excited, to interpose a considerable space between them, and
thus prevent the chances of contact with each other. The
failure in the system of military defence of the new Frontier,
or rather the impracticabiUty of rendering that system efficient
by means of constant Patroles upon such an extended line
of Frontier as that of the Keiskamma, has exposed the habi*
tations of the Boers situated within the boundary line of the
Great Fish Biver to frequent depredation ; and at the detached
settlements of the Baviaan's River, the collisions of the Boers
with the Caffres have at times threatened a renewal of the
ancient hostilities. Their old animosities therefore against the
Caffres cannot be said to be extinguished ; and the failure
that attended an un9,uthorized expedition of some Boers in
the neighbourhood of the Winterberg against the Caffres in
198 jRecords of the Cape Colony,
the year 1822 has tended to rekindle in them a desire of revenge^
which only waits for opportunities of gratifying itself.
Until a very recent period, the terms of the stipulation with
Gaika had been respected as far as regarded the occupation of
the Neutral Territory by the Inhabitants, with one exception
that was made during the Government of Sir B. Donkin in
favor of Captain Stockenstrom, now Landdrost of Graafif
Reinet, who received a grant of 10,000 acres of land that is
situated upon a decUvity of the South Eastern sides of the
range of hills called the Kakaberg. We have, however, very
recently understood that Grovernor Lord Charles Somerset has
ordered lands to be measured in the space that hes between
the little Fish River and the Koonap River for several native
Boers, inhabitants of the neighbouring district of Bruintjes
Hoogte and the Kakaberg, who applied to him for additional
grants in his late visit to the Frontier Districts. Whatever
may be the claims of those persons upon the liberality of the
Government, for the cheerfulness with which they have con-
tributed their personal services in conjunction with the regular
Forces in various expeditions against the CafiEre Tribes, or in
repeUing their incursions, we feel great difficulty in reconciling
the measure with the terms and spirit of the stipulations
entered into with the Caffre Chief, and the principles of policy
that wisely dictated the separation of his Tribes from the land
of their hereditary and inveterate enemies, the native Boers ;.
and that proposed to substitute for them the more kindly and
unprejudiced feeUngs of a British population.
We apprehend that the Tract that we proposed to point out
for the occupation of the South African Agricultural Company
will by this measure be diminished, and some very desirable
situations, in which EngUsh Capital might have been success-
fully employed, will be placed in the hands of a description of
persons not likely to make the best use of them. We feel
moreover that we ought not to omit the mention in this place
of a circumstance that materially affects the view entertained
by your Lordship respecting the prohibition of Slave Labour
on all lands in the Frontier Districts, and especially those in
which an intercourse, hostile or friendly, may be expected to
take place between the Inhabitants of the Colony and the
lavage Tribes situated beyond the Frontier.
Records of the Cape Colony. 199
We understand that it is intended to omit the prohibitory
clause in the new Grants that are preparing for the Boers in
tlie portion of the neutral territory that has been measured
for them ; and we shall hereafter have to make a special
statement to your Lordship of the circumstances under which
this clause was omitted in the Grant made by the Acting
Grovemor, Sir Rufane Donkin, to Captain Stockenstrom, altho*
dated two months subsequent to the receipt of your Lordship's
I>e8patch that required it to be inserted. At present we are
compelled to acknowledge that if the intention that has been
expressed in favour of the Boers is to be carried into efiEect, we
shall see grounds of just apprehension for the fate of any other
measure that may be calculated either to prevent an illicit
traffic in slaves or to provide for the gradual extinction of
slavery.
There is yet another point that we feel it necessary to submit
to your Lordship, previous to the recommendation of the
remaining part of the Neutral Territory for the occupation of
the South African Company.
Altho' in the Treaty with Gaika, made in the year 1817, it
was understood that the Territory then called neutral should
ultimately be occupied, yet we believe that the measure was
not considered by Lord Charles Somerset to be either safe or
expedient, until a change should be observed to have taken
place in the habits and dispositions of the Caffres ; under this
impression, and subsequent to the receipt of your Lordship's
letter enclosing the proposal of the associated members of the
South African Company, we thought it necessary to request an
explanation of the views entertained by Lord Charles Somerset
respecting the disposal of this Territory, and of what might
have been the result of His Lordship's observations during his
late visit to the Frontier upon the expediency of occupying it.
We have the honor to enclose a copy of the letter in which
His Lordship replies to our request ; and as we do not find
any reason assigned in it for the inexpediency of the measure
of occupying the Territory, or for the exception that hia
Lordship has thought fit to make in favor of the Boers of
Bruintjes Hoogte, we feel it incumbent upon us to state to
your Lordship the reasons upon which we venture to maintain
a contrary opinion upon both these points.
200 Records of the Cape Colony^
The plan of interposing an unoccupied space of country
between the line of the British Settlements in Albany formed
by the emigrants who were located there in the year 1820 and
the Frontier of CaflEreland had failed (from the causes we have
already mentioned) to produce the expected benefit and safety
to the new occupiers. Their cattle were driven off by the
Caffres from the Locations in the night time, and concealed in
the large bushy tracts that extend along the Banks of the Fish
River, from whence opportunities were seized to drive them
beyond the Keiskamma River, and to elude the Patroles that
were ordered to watch the most frequented Passes. With the
smaU Force placed under his command, Lieutenant-Colonel
Somerset found it necessary to contract his line of defence on
the Keiskamma River, abandoned Fort Beaufort, and
judiciously concentrated his Force, and the range of his
Patroles, to watch the most exposed points upon the Fish
River. By means of great personal activity, and an unceasing
employment of his force, in beating the Fish River Bush and
watching the Passes, he succeeded in diminishing the extent
and frequency of the Caffre depredations. Fort Willshire was
then the only miUtary Post that was retained on the line of
the Keiskamma. It was suggested at the same time to Lieu-
tenant Colonel Somerset to try the effects of a more conciliatory
system with the Caffres ; and more especially to have recourse
to the establishment of Fairs, to which, under special restric-
tions, they might resort and exchange their ivory, com, and
skins for beads or such other articles as they might fancy or
select The proposition was adopted by the Grovemment, a
Fair was estabUshed at Fort Wilkhire, and in our Report of
the 25th May 1825 we stated the success that had attended
the project, and the profits that had at that period been derived
from the barter that had been estabUshed.
We have the honor to enclose a printed copy of the Regula-
tions under which the Fairs have been held; and we have
received repeated testimonies of the cheerfulness with which
they have been observed.
The great profits that were derived from the early inter-
changes of produce between the Caffres and the Retailers, for
articles of trifling value disposed of to the former, have made
them sensible of the importance of this new trade to the
Records of the Cape Colony. 201
IKstrict of Albany and to the Colony at large, while on their
part the CafiEres have not remained ignorant of the effect of
competition and increasing demand for their produce, and
have obtained a higher value for it in exchange.
The permission to the Inhabitants of the Colony to resort to
these Fairs was at first regulated by hcences, for which trifling
Fees were paid ; but as it was found that the permission was
abused by the introduction of a class of speculating adventurers
from amongst the labouring and mechanical classes, it has
been found expedient to issue new Hcences upon stamps
amounting in value to eighty rixdollars, and renewable annually.
We think that the success of these Fairs has had the effect of
diverting the attention of the Caffres from the pursuit of those
objects of plunder that have long rendered their neighbourhood
so formidable ; and as the barter of Cattle has been judiciously
prohibited, they have had no fresh inducements to multiply
their stock by violent or clandestine means. We are not able
to assert that instances of the plunder of Cattle by the Caffres
have not occurred since the estabUshment of Fairs, nor that
reprisals of a very objectionable nature have not been attempted
both by the Boers and Settlers ; but the short experience of
these Fairs has entitled us to state that a system of pacific
and commercial intercourse is more likely to lead to the
introduction of civihzed notions, and a more friendly dis-
position amongst the Caffres, than the repulsive system that
threatened them with destruction whenever they were seen
upon the Neutral Land, a system that limited all their inter-
course with the Colony to such as was of an hostile or clandes-
tine nature, and excluded them from all the benefits that an
occasional and partial departure from the system had taught
them to appreciate. We are by no means apprehensive that
in the event of our expectations of the future prevalence of
more pacific and tranquil habits amongst the Caffre Tribes
being disappointed, the system of defence of the Frontier
would be weakened or impaired by the introduction of a
respectable class of British Inhabitants into the Neutral
Territory. We on the contrary maintain that from the
experience of the effects of the combined exertions and vigilance
of a Scotch Party of Settlers on the Baviaan's River, judiciously
directed by one Individual to the protection of the property
202 Records of the Oape Colony,
of the whole party, a most effectual system of vigilant defence
and mutual protection may be devised ; and that great support
may be also afforded to the MiUtary Force, whenever its inter-
position may be deemed necessary.
With these impressions, we have been led to consider that
the proposal made to your Lordship by the Associated Members
of the African Company, to introduce both capital and a
respectable class of labouring population into the Colony,
might (if directed to the occupation of this large unappropriated
Tract of Country) be attended with all the advantages contem-
plated by Lord Charles Somerset when he suggested the project
of the first Emigration ; and would be exempt from the diffi-
culties with which the Emigrants upon that occasion had to
contend ; and would afford the most rational prospect of
making a permanent improvement in the relations of the
Colony with the Tribes on the Frontier.
Without intending any reflection upon the Lidividuals
composing the first Emigration, we do not think that these
benefits could now be restored through their means. The loss
of Capital that they have sustained, the sense of past injuries
and disappointments, and the desire of indemnifying themselves
for former losses at the expence of the Caffres in the Trade
they carry on with them, would render the experiment very
doubtful if entrusted to them. On the other hand, the com-
bined exertions of a respectable body of men acting with one
common object, and subject to the control of persons interested
in the attainment of it, would in the present posture of the
relations between the Caffres and the Colony afford every
reasonable hope of giving them a permanent and pacific
direction ; and by gradually superseding the recourse to
mihtary protection, would eventually relieve the Colony from
the burthen that presses most heavily upon its Finances, the
expence of maintaining the Cape Corps upon its present footing.
With reference to these principles, upon which alone we
conceive that the Neutral Territory may be safely and success-
fully occupied, we are utterly unable to account for the settle-
ment of the valuable portion of it that has been recently
allotted to the native Boers between the Great and Little Fish
River and the Koonap. They are placed in a situation but a
few miles distant from the pass by which the last and principal
Records of the Cape Colony. ' 203
attack upon the Caffres was conducted, by which access is
afforded to a frequented and populous part of their Territory
and the residence of the Chief Gaika. If by the settlement of
the Boers in this position it is intended to secure their assistance
against the Cafifres in future expeditions for the sake of chas-
tising them, or for making reprisals, we have only to add that
such a System, however economical at the outset, only tends
to perpetuate the evils and calamities by which the Frontier
has been so long desolated, and which have been the primary
cause of the great expences that have been incurred in the
maintenance and employment of a large Military Force.
We do not think it advisable that the immediate sufferers by
Caffre depredations should be employed upon occasions that
are of all others the most likely to excite in them a spirit of
indiscriminate vengeance, and that at the same time exempt
them from responsibiUty or control. The dispositions of the
Boers of Bruintjes Hoogte are in this respect unchanged ; and
altho' we perceive that their settlement in the Neutral Territory
is to be more compact than it was under the former system, by
the occupation of smaller tracts of land, yet it is not made
sufficiently so for the purpose of affording mutual protection
against sudden attacks.
It has long been considered by some of the most intelligent
of the Dutch Boers, and those most experienced in the conduct
of Commandoes, that expeditions against the Caffres for the
purpose of retaliation should be discontinued, as only furnishing
to these savages fresh pretexts for more extensive plunder. No
Bjmtem is found to be so effectual in checking their enterprises
as that which depends upon constant and vigilant protection
of the objects of them. The habits of the Boers are averse to
this system ; and they are not unwiUing to redeem the con-
sequences of the careless exposure of their property by a few
days of active service spent in retaliatory expeditions against
the Caffres, by which in former times they were considerable
gainers.
We are also unable to discover, in the exception that has
been made by Lord Charles Somerset in favor of these indivi-
duals, any reasons of a local nature that would not equally,
and perhaps more forcibly, apply to the occupation of the
remaining portion of the Neutral Territory.
A
204 Records of the Cape Colony.
^ If the motive for placing the Boers between the new District
of Somerset and the CaflEre Territory was to afford protection
to the Inhabitants of the former, with whom they are incor-
porated, it becomes an object of still greater importance to
afford the same means of protection to the Frontier of the
Albany District by the occupation of the Country that lies
between that line and the Keiskamma, a tract of considerably
greater breadth and comprehending a long line of Country
covered with Bush and underwood that at once affords to the
Caffres the means of concealment and of successful escape.
We venture to think that the mere occupation of such a
Tract by well regulated and vigilant Parties of Agriculturists,
sufl&ciently numerous to repel the predatory attempts of the
Caffres, and placed sufl&ciently near each ot^ier for the purpose
of mutual defence, could not fail to give efl&cient protection to
the Settlements in Albany, and increase the check upon Caflfre
depredations. It was partly with this view that the estab-
lishment of Fredericksburg was made upon the Eastern Division
of the Neutral Territory in the year 1820-1 ; and we have
little doubt that if the Population of which it was composed
had been of a better description, the expectations that were
entertained of its success would have been realized.
We have thought it necessary to preface our recommendation
of the Neutral Territory with these observations ; both for
the purpose of answering the objections that have already
been made to the occupation of it by any description of Settlers
at the present moment and also for enabhng your Lordship to
judge of the expediency of acceding, under a proper restriction,
to the request that has been preferred by the South African
Company for a grant of a large tract of land. We now proceed
very briefly to describe its extent and the quaUty of its soil.
Upon reference to a map of the Frontier that we had the
honor to enclose in our Report dated 26th May 1825, upon
the address of the Settlers in Albany, and numbered 37 in the
documents appended to that Report, your Lordship will find
that the unoccupied Territory that now remains at the disposal
of the Government extends from the River Koonap on the west
to the sea-coast by which it is bounded on the east, including
the mihtary position of Fort Beaufort that has been recently
abandoned, and having that of Fort Willshire nearly in a
Records of the Cape Colony. 205
central position on the Northern Boundary, which commenoing
at the Winterberg, and passing the Kat Berg, follows the
course of the River Chumie, and afterwards that of the River
Keiskamma to the Sea. The southern Boundary is formed by
the course of the Fish River,*the Banks of which, as we have
before had occasion to remark, are covered with a thick and
almost impenetrable Bush. The breadth of this tract along
the sea-coast, and between the mouths of the Fish River and
Keiskamma, is 25 miles ; at Fort Willshire, in its narrowest
part, it is only six miles, and at the junction of the Keiskamma
and Chumie Rivers it is 36 miles, and at Fort Beaufort 27.
The length of the tract from the River Koonap to the sea is
72 miles ; giving a space the contents of which may be estimated
at upwards of one miUion of acres of land. That part of it
that Ues towards ithe sea-coast contains we believe the best
soil ; and the rapid progress that was made by the persons
who settled even for a short period at Fredericksburg sufficiently
attests its general capacities both for cultivation and for the
feeding of stock.
The cUmate is warmer than in the other settled Districts of
the Colony ; but on the sea-coast the natural pasturage is
supported by a greater degree of moisture, and the sun's heat
is tempered by the influence of the sea breeze. The Country
is not well watered, and especially that which Ues between the
Kat and the Brak Rivers ; but its surface is very agreeably
diversified, and admirably adapted for the purposes of agricul-
ture. We are not aware that any portion of this tract contains
good timber, altho' it may be found in the neighbouring
mountains of the Chumie and the Kakaberg. The thorny
mimosa appears to flourish in most places, affording both
shade and shelter to cattle. The Fish River is fordable for
waggons at six different places that are marked on the map ;
and two of these passes stand in need of much improvement.
It is navigable from the sea to the Upper Caffre Drift Post, at
a depth of water varpng from 11 to 15 feet, and for a distance
of nearly 15 miles ; but the Western Banks of the River above
the mouth are steep and encumbered with heavy brushwood.
The mouths of the Fish River and the Keiskamma resemble
the outlets of most of the rivers of South Africa. Their channels
are liable to great diversity of depth, as also to change of
206 Records of the Cape Colony,
direction in consequence of the great bodies of water that give
strength and rapidity to the streams during periods of rain,
and that force their .passage through the sandy embankments
which are thrown up during strong south-easterly winds at the
entrance. From the sudden removal of these sands a greater
depth and smoothness of water immediately succeeds, but is
again reduced by fresh accumulations of sand, which the
natural current of the rivers is not strong enough permanently
to remove. Under circumstances of a very similar nature,
and from the liberal encoiu*agement afforded by the Local
Government, the navigation of the entrance to the Kowie
Biver has been rendered practicable for small vessels ; and
from late examinations of the mouth of the Fish River more
sanguine expectations of the same result have been formed
respecting it. From the Upper Caffre Drift Post on the Pish
Biver to Graham's Town is a distance of about 26 miles ; and
from the mouth of the river it is about 50.
It is in this extensive tract that we think the views of the
South African Company, whether directed to the cultivation
of grain, the feeding of cattle or sheep, or the production of
fruits, are most likely to succeed. The culture of the vine has
hitherto been very partially tried in the New Settlement of
Albany, but we have not heard that it has been checked by
any peculiarity of climate from which other p€U*ts of the Colony
are exempt. The European Fruits have been generally cul-
tivated, and with great success. The recurrence of the blight,
called the Bust, in the wheat crops during the last five years
is a calamity not peculiar to this part of the Colony, altho' its
effects have been more disastrous than in the other Districts.
The English Settlers are sanguine in their belief that a pecuHar
species of the Bengal wheat which they have lately sown, and
the stalk of which is pithy and the grain hard, will be found to
resist it. Here however as in some of the other districts the
erops of grain as well as of Indian com must be supported by
artificial irrigation.
As we observe that part of the Capital of the Company is
intended to be appUed to commercial purposes, and as it is of
infinite importance that the trade that is now carried on with
the Caffres should, for the present at least, be confined to
persons of respectability, we have considered that this object
Recerds of the Cape Colony. 207
might be attained by conferring upon the Company an exclusive
right of conducting it for the space of seven years from the
date of their Charter. The profits derived from this Trade
have been hitherto diminished to the Dealers, chiefly in con-
sequence of the high price that the sudden demand for coloured
beads had created. With a better regulated supply, the profit
upon this Trade may be expected to be considerable, and also
to increase in proportion to the demand that is already mani-
fested by the Caffres for goods of a more substantial and
useful description. The loss of this Trade will no doubt
become a subject of complaint to those who have first engaged
in it and have speculated upon its continuance ; but an
indenmity for this loss might be p€U*tially secured in the
reserve of a certain number of shares to be disposed of in the
Colony upon the terms at which they may have been originally
offered to the pubUc in England, and by the employment of
the more respectable of the Colonial dealers as factors or
agents.
With respect to the Traffic itself, we certainly agree in the
propriety of locally confining it to Fort Willshire. The con-
tiguity of that post to the boundary of the River Keiskamma,
the presence of the Mihtary Force that is stationed there, and
the fadUty with which the movements of the Caffres are
watched on retiring from the place of traffic to their own
Territory, afford advantages which are of real importance to
the success of the Fairs, and to the security of those who
attend them.
The prohibition of the sale of firearms, ammunition, and
spirits to the Caffres, is, we ^hink, equally proper, as also that
of the barter of cattle until the Caffres have imbibed a taste
for articles of more real value than those which they at present
receive.
We agree entirely in the propriety of adhering to the selection
of the €U*ticles that are most desirable to exchange with the
Caffres, and that are enumerated in the 11th article of the
Proclamation of the 23rd July 1824. We understand that it
is the intention of the Colonial Grovemment to add iron to the
list of enumerated goods, and we concur in the expediency of
supplying them with an €U*ticle which, tho' converted by them
to hostile purposes, was not unfrequently the object of their
208 Records of the Cape Colony,
nightly incursions and plunder of the agricultural implements
imported by the English Settlers.
When the demand for articles of ornament has subsided, it
may be expected that it will be succeeded by a desire of
possessing those ordinary implements of agriculture that have
been in use at the Missionary Stations beyond the Frontier.
We think that the prices of all such articles, as well as of those
that are received from the Caffres, should be fixed at a rate
that may afford a fair commercial profit to the Company, witk
the reservation of a right to the Government to grant licences
whenever the supply of goods brought forward for sale by the
Company should be so inadequate to the demand as to raise
their price beyond such a rate, and that with a view of ascer-
taining it, the books of the Company should be open to the
inspection of persons appointed by the Government to examine
them. As the agricultural and commercial interests of the
Company would be incalculably promoted by the civilization
of the Caffres, we cannot suppose that a wealthy and respectable
association would be drawn aside from their permanent views
by the temptation of deriving a present gain from the taste of
the Caffres for objects of no intrinsic value. This desire may
govern the needy and impoverished dealer, but the Company
will discover their real advantage in supplying these articles in
such quantities as to depreciate them in the estimation of the
Caffres and to lead them to an early perception of their intrinsic
value and to a preference for objects of utility.
In this view we would recommend that the red clay which is
procured within the boundary should be supplied to the Caffres
gratuitously, or at a charge that would merely cover the
expence of collection ; it is used by the Caffres in painting
their bodies.
The Caffres have long been desirous of opening a commercial
intercourse, and have entered keenly into the spirit of it, and
whenever they have learnt the habit of respecting the rights of
property when it is transferred from their own hands to others,
the traflSc in cattle cannot fail to become a source of much
advantage to the British Inhabitants, altho' we still think that
the Caffre Tribes will find a difficulty in dispensing with a
species of property that at once influences their civil condition
in their own country, while it ministers essentially to their
Records of the Cape Colony, 209
daily wants ; such a barter might also stimulate them violently
to dispossess other tribes of their cattle from the profits to be
made of their plunder in the Colony. The purchase of hides
has already led to a traffic with some remote tribes, which is
understood to have been very gainful to the CafiEres.
Great as the advantages of this intercourse may prove to
the Company, we must not on the other hand conceal from
the view of persons who are about to place their Uves and
fortunes within the reach of those uncivihzed beings, the risks
and dangers to which both may be exposed. The hne of the
Keiskamma affords but Uttle natural protection against Caffre
incursions, it must be found therefore in the vigilance and
-energy of those who settle within it, in the disposition with
which their early or accidental meetings with the Caffres are
conducted, in the hospitable reception that may be given to
such as come for curiosity and not for plunder, and in the
determination that may be evinced to claim indemnity for the
plunder of cattle at the hands of the Caffres themselves, rather
than to retaliate by force, and often without discrimination.
This object would be much facihtated by a regular Treaty
being made with the Caffre Chiefs, and which should be
recorded with a solenmity which has not been observed in the
verbal conferences that have been hitherto held with them.
This Treaty should be drawn out in a distinct and inteUigible
form, and contain all the stipulations which it may be deemed
necessary to enforce, and the Government agents residing
with the Tribes should be furnished with copies which they
should explain to the Caffres, and endeavour to impress them
with the reciprocal advantages thus secured, and the expediency
of adhering strictly to the terms. It will further be expedient
that whenever the necessity may arise for compeUing the
Chiefs of a neighbouring tribe to do justice in the punishment
of an offender, the claims should be enforced by means of the
military and not by any armed body of Settlers.
The latter should never be called upon to leave their habi-
tations for the purpose of offensive operations beyond the
Frontier, but should be vigilant in the protection of their herds
of cattle and ready to take their turn in the regular duties of
the nightly watch. Flocks of sheep are in no danger from the
plundering incursions of th^ Caffres, for they do not value them,
xxm. p
210 Becards of the Cape Colony.
but they are constantly exposed, even in the day time, to
depredation from wild dogs and wolves.
When once it is known to the Caffres that a system of
vigilance and mutual co-operation in defensive measures is
steadily maintained amongst the new colonists, we have reason
to believe that their predatory incursions will be relaxed, and
the persons in the employment of the Company will find it so
much to their own interest to give support and efficiency to
the system, that we do not think that the interference of the
Local Government will be found requisite. The military force
stationed at Fort Willshire, supported by the garrison at
Graham's Town, will be sufficient to overawe the Caffre Chiefs ;
and the Grovernment Agents will be watchful of the conduct
of the Chiefs and Tribes ; and if the system of justice and
conciliation that we have recommended should be adopted
and strictly observed by the native Boers located to the
westward of the River Koonap, and of those settled at the
Baviaan's River, the most reasonable expectations may be
formed of the establishment of the tranquillity of the British
Agriculturists throughout the Settlement.
We recommend that th^ whole tract of land ceded to the
Company should be divided into parishes, but in all other
respects, in the distribution of the farms, the selection of fit
and appropriate places for villages, we propose to leave
altogether to the discretion of the agents of the Company ;
and we are not aware that any other reservations to the Crown
are necessary than that of an extent of two miles round the
station of Fort Willshire, the right of building fortifications
and erecting military posts for the defence of the Frontier, the
usual reserve of building groimd at the mouths of rivers that
may prove navigable, and of making roads and bridges, the
right to all mines and minerals, that of cutting the native
timber that may be required for naval and miUtary purposes^
and that of assigning a certain portion of land not exceeding
1000 acres for the use of the clergyman that may be appointed
to perform the clerical duties in each of the parishes into which
the country ceded to the Company may be divided. From
the nature and situation of the present enclosed barrack below
Fort Willshire, we see no objection to the disposal of it to the
Company as a Dep6t, for which it is well adapted, if the
Becards of the Cape Colony. 211
unfinished Fort on the adjacent hill should be completed for
the accommodation of the Troops.
The Qvil and Judicial Administration of the new Territory
may, for the present, be conveniently placed under the juris-
diction of the Landdrost of Albany ; and the MiUtary Officer
in command of the station at Fort Willshire may receive an
authority to try all petty oflFences that are not punishable with
more than two months confinement in gaol, or 25 lashes. We
should propose that an annual salary of fifty pounds sterling
should be allowed to the officer fiUing this Situation, and should
be paid from the Colonial Revenues.
For the present we should not recommend that the occupiers
of land in the ceded Territory should be permitted to pass the
River Keiskamma into Caffreland, or that Caffres should be
allowed to enter the Territory without passes from the civil
authority of the District or from one or other of the Govern-
ment Agents resident with the Tribes. The act of bartering
with the CafiEres, and receiving cattle from them, is declared by
a Proclamation of Grovemor Van Plettenberg, dated 6th April
1774, to be punishable with confiscation, corporal punishment,
or death, according to the discretion of the Court ; and in the
year 1823 reference was made to this, as well as subsequent
enactments of Earl Macartney, and Sir John Cradock, in the
first of which, after reciting the mischief that had arisen from
the journeys made by inhabitants into CafiFreland, it was
forbidden that any person should settle, or permit his cattle
to pass beyond the limits of the Colony, then declared to be
the Great Fish River, under the penalty of confiscation and of
being treated as disobedient subjects and banished. It was
also ordered that any person who should pass the Limits
under the pretence of hunting, or taking a journey into the
Interior, without permission in writing from the Grovernor,
should be liable to corporal punishment.
In the year 1820 the inhabitants of the Frontier Districts
were prohibited by a Proclamation of the Acting Governor Sir
Rufane Donkin from taking into their service, or harbouring,
any male CaflEre or Ghonaqua Hottentot, under a fine not
exceeding 300 rixdollars for the first offence, and banishment
from the District for the second ; and in the year 1822 all kind
of intercourse and traffic with the Caffres, except such as mi^i^ht
P 2
212 Records of the Cape Colony.
be permitted at Fairs or Meetings appointed by the Local
Magistracy with the sanction of the Government, was declared
in a Proclamation of Lord Charles Somerset to be punishable
with a fine of 500 rixdollars for the first and second offence,
and with banishment for five years from the Frontier Districts.
Li the year 1823 it was deemed necessary to increase these
penalties, in consequence of the alleged insufficiency of former
ones to deter the inhabitants of the Frontier Districts from
holding illicit intercourse with the Caffres ; and it was declared
that it had become necessary to enforce the highest penalties
of the Law, including that of death, that is denounced in the
Proclamation of Governor Van Plettenberg. We are not
aware that this denunciation has ever been put in force since
the occupation of the Colony by the Enghsh Government, but
pecuniary penalties have very recently been enforced against
persons convicted of iUicitly trafficking with the Caffres. On
the other hand it has been deemed necessary to prevent the
retention of the Caffres in the service of the Colonists under
pecuniary penalties, and a miUtary order issued in the year
,1812, by which all Caffres found in the Colony are to be treated
as enemies, and to be shot, still continues to be enforced by
the Mihtary Patroles, even in the neutral Territory. Altho'
we think that it may be very desirable at a future period, with
a view to establish social relations with the Caffres, to permit
the English Inhabitants of the Territory, and perhaps of the
Albany District, to avail themselves of the disposition that the
Caffres have upon former occasions, and even now would be
ready to evince, to enter into their service, yet we would not in
the first instance recommend its adoption, or remove the
present restrictions. With reference to the other Regulations,
we should propose to continue those that restrain the inter-
course and trade with the Caffres to certain fixed times and
places, and to certain goods, but to repeal the Proclamation
of Governor Van Plettenberg, as denouncing a penalty that is
unnecessarily severe.
We think that the entrance or passage of the Caffres from
their Territory to any part of the Country within the Keis-
kamma, or of the colonists into Caffreland, or into the country
to be occupied by the Company, should be subject to the
restrictions that we have already proposed ; and that the
Eecords of the Cape Colony, 213
enforcement of the military order should be restricted to cases
in which the Caffres either make resistance, or are detected in
the act of driving away cattle ; but that in all other cases in
which they are found without passes on the western side of
the Keiskamma and Chumie Rivers, that their lives should be
spared, and that they should be deprived of their weapons,
and corporally punished by order of the commanding officer,
and then sent back to their own coimtry.
In consideration of the risks and of the expense that must
be incurred by the Company in transferring labourers of a
respectable class from Great Britain to the Cape of Good
Hope, and the difficulty that they will experience in making
them adhere to their engagements of service upon any terms
less favorable to them than to ordinary labourers of the same
class in the adjoining districts, we are induced to propose that
the lands we have pointed out for their occupation in the
neutral territory should be exempt from the payment of quit-
rent, that the inhabitants employed by the Company and
generally their servants should be exempt from all other taxes
for a period of ten years from the date of the grant.
Viewing the interest of the Company in the same Ught as
that of an Individual, we do not consider it necessary to fetter
them with conditions that would have the eflfect of binding
them down to any specific mode of cultivation, or even to the
employment of any number of individuals. The experience
that may be gradually acquired by their Agents on the spot
will be the best guide both as to the fertility and capacity of
the land and as to the most advantageous mode of cultivating
and settUng it. The experience of the emigrant parties that
have been settled in Albany suggests the advantage they will
derive from giving the Settlers a permanent interest in the
lands they occupy, while they derive a present benefit from
their services and remunerate them.
We cannot help adverting however to the prohibition that
your Lordship has annexed to the cultivation of lands granted
in the Frontier Districts by slave labour, and expressing the
strong sense we entertain of the necessity of enforcing this
most salutary prohibition by the heaviest penalties, amounting
to the forfeiture of the land upon which slaves may be employed
and of all interest of the proprietor in slaves hired or permitted
214 Records of the Gape Colony.
to be employed in its cultivation. We would also e^ctend the
prohibition and the penalties to all personal as well as predial
slaves sold, hired, let out, or lent to the inhabitants of the
territory ceded to the Company as long as they remain within it.
We observe that in the proposal submitted to your Lordship
much expectation is entertained of deriving assistance from
the labour of Hottentots. From the circumstances of the
present condition of this class which we shall hereafter have to
submit to your Lordship, we should not advise the members
of the South African Company to place much reUance on the
assistance of the Hottentots in the ordinary occupations of
agriculture. They are excellent herdsmen and expert in the
driving and management of cattle, and they sometimes acquire
sufficient skill to handle a plough, but no reUance can be placed
upon the continuance of their services, and the most respectable
of the EngUsh Settlers have not yet been able to tempt them
by high wages to renounce their great love of chang?, their
gregarious and migratory disposition, and the new incUnation
that they may be said to have lately imbibed for visiting the
missionary institutions. It may be found practicable by the
influence of better regulations than those that are now in
force to effect a partial change in the habits of the present
generation of Hottentots and to render it more complete in
those of their children, and the opportunity of settling in
parties upon lands secured to them and of being employed as
herdsmen and shepherds without being separated from those
associations to which they are so strongly attached, would
constitute the strongest temptation to them to second the
views of the Company.
We do not think it necessary to enter into an explanation in
thie. place of the views that we have formed respecting the
amelioration of the condition of the Hottentots, but we cannot
forbear adding that one leading feature of them will consist in
insuring to them a fair and reasonable profit upon their labour
when employed in the service of others, and the means of
realizing and transmitting the fruits of their industry to their
offspring.
From the attempt we have made to bring to your Lordship's
notice the state and extent of the disposable land^i^ the
Colony, you will perhaps be able to form an opinion pf the
Records of the Cape Colony, 215
success with which British Capital and industry may be
employed in its cultivation. The great uncertainty of the
se€i^ons imparts that character to all agricultural speculation
that is founded upon the produce of the soil, and the situations
are few in which the produce can be profitably conveyed to
market. In the present high price and scarcity of labour no
process that depends upon human aid alone is in any degree
likely to prosper. The population of the villages is as yet too
inconsiderable and (sic) stationary to create a market within
the Colony with exception of Graham's Town, where a large
military force is stationed, and the difficulties attending the
exportation of any quantity in excess of that which is required
for consumption within the Colony nearly counterbalance the
advantages arising from the fertility and general productive-
ness of the soil. The habits of the Boers, their hereditary
prejudices, and their want of intelUgence have combined with
these causes to check the progress of agricultural improvement,
and we believe that if capital employed in agriculture or the
occasional profits derived from it have accumulated in their
hands, it has been owing to the habits of severe economy that
they observe in their mode of living, their indiifference to those
comforts that are indispensable to Englishmen, and also to
the multipUcation of their stock, to which the access they have
enjoyed to extensive ranges even of very indiifferent pasture
has mainly contributed.
In the appropriation of the large tract that we have proposed
for the South African Company, they will not fail to discover
the same source of profit that has been so long enjoyed by the
older Colonists, and when a direct communication is opened
between the Eastern part of the Colony and the Island of
Mauritius we are led to believe that the trade in provisions will
prove beneficial to the Inhabitants. • The Emigrant Settlers in
Albany are now making great efforts to enter into this trade,
and have subscribed to form a shipping company, and the
advantages that the South African Company will possess in
their command of capital cannot fail to give effect to this or
any other enterprise of a more extensive kind. Under the
same advantage the exportation of hides and the growth of
fine wool may be also considered as fair sources of profitable
speculation, and referring to the present improved and im-
216 Records of the Cape Colony,
proving condition of the Settlers in Albany, after being
exempted from the restrictions to which they were for some
time subject, and after four years of successive failure of their
crops, we are justified in the belief that under judicious
management the application of British Capital and industry to
the objects we have described will aflEord the means of adequate
but not of immediate profit to the contributors, and we feel
certain that it will be beneficial to the Colony. We have &c.
(Signed) John Thomas Bigge,
William M. G. Colebrooke.
[Copy.]
Letter from the Secretary to Oovernment to the Landdrost of
Somerset,
Colonial Office, 30th September 1826.
Sib, — It having been intimated to His Excellency the
Governor in a despatch from His Majesty's Secretary of State
for the Colonies dated 20th May 1820, that in any future
Grants of lands which may be made in the Uitenhage district,
or in any other Settlement either to the Northward thereof, or
more immediately on the frontier of KaflEerland, His Excellency
should make it a special condition of the several Grants, that
the lands so granted should be cultivated by free Labourers
only and that any employment of Slaves upon it should render
the lands subject to forfeiture ; I am directed to acquaint you
that this clause has invariably been inserted in all Grants of
Lands made in Albany district (to which it was conceived the
clause applied), but doubts having arisen as to the propriety of
inserting it in the Grants of Lands to be made in the new
district of Somerset, His Excellency has determined not to
issue any Grants in that province, until the pleasure of Earl
Bathurst (to whom His Excellency has referred the subject)
shall be known. I have &c.
(Signed) Richd. Plasket,
Secretary to Government.
Records of the Cape Colony. 217
[Original.]
Letter from John Fairbairn, Esqbe., to the Commissioners of
Enquiry.
Cape Town, September 30, 1825.
GsKTLEMEN, — I have the honor to transmit to you a copy
of the papers of the South African Literary Society, 1824, and
I beg leave to request your attention to the document
No. 10 page 23 of the printed Pamphlet.
When the document No. 9 of that Pamphlet, page 21, was
signed, it was left with Mr. Pringle to be forwarded in the
regular way to His Excellency the Governor. Whether Mr.
Pringle should have carried it to the Memorial OflSce, or sent
it as he did to the Colonial Office with a note, I do not stay to
enquire, as any trifling informality in the maimer of conveying
atuJi a Memorial can furnish no excuse for the informal and
insulting reply. But what I wish to point out is the eagerness
with which His Excellency seizes this opportunity of adding
another outrage to the many he had already heaped on that
Gentleman. As this answer must necessarily have been shewn
to all the individuals who signed the Memorial, you will readily
see the extent of the injury intended, and be able to judge
whether a (Governor capable of pursuing not only an uncon-
victed, untried, but unaccused, and I need not tell anyone here
a meritorious individual with so rancourous a spirit and so
fatal a purpose, upholds the character of His Majesty's Repre-
sentative.
The words used by His Excellency to Mr. Cloete, as far as I
have heard them, taken by themselves might have been
supposed a hasty expression of an unjust and degrading
resentment which might yield again to a returning sense of
what became his exalted station in the Colony ; but when
viewed in connexion with this reply, the conclusion is that
they were not only an expression of a fixed determination to
oppress and ruin Mr. Pringle, but a part of His Excellency's
plan for carrying that resolution into effect. He informed Mr.
Cloete that Mr. Pringle's being a party in any undertaking, no
matter what it was, would induce him, so long as he was
Gfovernor, to thwart and oppose it. Would Mr. Cloete after
218 Records of the Cape Colony,
this be as ready as before to co-operate with Mr. Pringle in the
most innocent and laudable undertakings ? Would he, a
Lawyer and Professional Adviser, be as apt as before to
recommend such co-operation to his friends ? I repeat the
same question with respect to every man in the Colony, and I
will answer with confidence for them that none of them would.
They had now an additional reason to the contrary, a reason
equal to if not greater than all the sanction of the Law. It
includes every species of punishment, poverty, disease, and a
lingering death, with loss of reputation. Gentlemen, this is
not overstated. I leave further inferences to yourselves.
I have &c.
(Signed) John Fairbairn.
[Office Copy.]
Letter from Earl Bathurst to Lord Charles Somerset.
Downing Street, London, Ist October 1825.
My Lord, — I have the honor to acknowledge the receipt of
Your Excellency's dispatch No. 179 transmitting copies of a
letter and of its enclosures which had been addressed to your
Excellency by Mrs. Mary Duckitt, claiming a Pension of One
hundred and fifty Pounds per annum, under a clause in the
Memorandum of the conditions upon which the services of her
late husband Mr. William Duckitt were accepted in the year
1799 as a Superintendant over the AgricultiKal improvements
of the Cape of Good Hope ; and I have to acquaint your
Excellency in reply, that as the original document, of which
the Memorandum furnished by Mrs. Duckitt is a true copy, is
recorded amongst the Archives of this Department, I have
only to convey to your Excellency authority for granting to
Mrs. Duckitt a Pension of One hundred and fifty Pounds per
annum, to commence from the date of her husband's decease,
and to be provided for out of the Revenues of the Settlements
under Your Excellency's Government. I have &c.
(Signed) Bathurst.
Becords of the Cape Colony. 219
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst.
Cafe of Good Hope, 1 October 1825.
My Lord, — The Commissioner^ of Enquiry in a letter
addressed to me under date 20th August, copy of which I have
the honor to transmit, having put a construction upon the
Directions contained in, your Lordship's Despatch to Sir
Rufane S. Donkin of the 20th May 1820, relative to the non-
£mployment of Slaves on the new Grants in Albany and the
Frontier districts which it never struck me could have been
the Intention of His Majesty's Government to apply to it, and
under which impression I had the honor of addressing Your
Lordship on the 16th June 1824 No. 97, I feel myself called
upon to soUcit Your Lordship's specific commands thereupon,
and at the same time to place before Your Lordship such local
circumstances as I conceive may be worthy Your Lordship's
consideration as regards the Expediency, safe pohcy and
justice of permitting the old Colonists to be subjected to the
Clause alluded to, particularly those not residing in the Albany
district.
The Grants proposed to be made in the new district of
Somerset (consisting of 1000 Morgen each) are intended for
old Colonists who have been selected amongst very numerous
applicants on account of their strong claims upon this Govern-
ment for their brave, constant and arduous Services in defence
of the Frontier against the KaflFers ; — ^to exclude these Men
from any hope of extending their means of providing for large
families growing into Ufe, merely because they are possessors
of a small portion (in some cases of not more than One Slave
as will appear by the enclosed List) of the only labouring class
obtainable by the Colonists would, I conceive, if duly weighed,
be considered an act of the greatest injustice. That the clause
alluded to should be applied to Emigrants is most wise and
expedient, as the very principle upon which Grants were
directed to be made to them was founded on the Extent of
means, (human labour being the principal one) they possessed.
These Emigrants occupy one particular Tract almost exclu-
sively, and were bound to bring their Labourers with them.
220 Records of the Cape Colony.
who were also freighted by Government, — ^the Frontier districts
comprehend a Border of several thousand Miles and a clause
which would exclude all the means at the disposal of the Grantee
to avail himself of the Land granted him would I fear tend to
excite the most serious discontent.
K it be apprehended that Slaves could be introduced from
the Interior of Africa, I take the hberty of assuring Your
Lordship that no attempt could possibly be successful, no one
in this Settlement can be acknowledged as a Slave except
those who are included in the Register, and the returns given
in annually at the Opgaaf totally prevent the possibility of
substituting a native for a Slave. The local authorities in
this thinly populated Country are so well acquainted with
every Individual in their respective Divisions, that any fraud
with regard to Slaves could not fail to be detected, and I am
not aware of any instance in which it has been attempted or
even contemplated.
I have stopped the issuing of the Grants which have been
prepared until I am honored with your Lordship's further
commands, but I do not hesitate humbly to oflEer an opinion
that the clause should not extend to Grants made to the old
Colonists. I have &c.
(Signed) Charles Henry Somerset.
[Copy.]
Letter from Mr. William Duckitt to Lord Cilarles
Somerset.
KiiAVEB Valley, let October 1825.
My Lord, — Since I had the honor of seeing your Lordship
when you enquired how Horse breeding had answered to me,
I have referred to my papers and do myself the honor to inform
your Lordship that since the introduction of English stallions
into this Colony by your Lordship, although I have always
paid for the covering, I have derived upon an average an annual
profit of Two Thousand Rixdollars, although I have only ten
mares. Had I had the means to purchase an English stallion my
profits would have been larger, as it is the Horse breeders
Records of the Cape Colony, 221
alone who have during the last five years been able to make
any profit of their Farms from the visitations that have
befallen all other species of Farming. I have &;c.
(Signed) Wm. Duckitt.
[Copy.]
Letter from Mb. J. J. Kotzb to Landdbost J. W. Stoll.
Blauwbebg, \at October 1825.
Sib, — I consider that onr Breed of Horses has been very
much im.proved by the importation of English staUions, the
prices for our Horses being in consequence now considerably
higher than in former times : this surely is an advantage.
The first En^ish stalhon I bou^t I paid Bds. 5,500 for,
after be covered my mares for two years I sold him again for
Bds. 4,500. I got for his produce Rds. 5,000, having retained
seven of his maies which are still in my possession. Bather
more than a year ago I bought another stalhon for Bds. 6,000 ;
by this hcHse's covering strangers' mares I received Bds. 1800,
and expect within a short time thirty foals from my own
mares covered by this staUion. I sold one of my foals, a
yearling, for Bds. 1,000. I have ftc.
(Signed) J. J. Kotzb.
[Qflioe Copy.]
Letter from Eabi. Bathubst io Lobd Chables Sombbsbt.
Dawjuao Skbxet, Lain>av, 2nd Oeiober 1825.
Mt IjOSD, — ^I have had tibe honor to receive your Excellency's
di^Mitdi of the Ist of Jmie last, enclosing the B^rolations
iHiidi yoQ had issaed with a view to restricting the performance
of tlie ntKB dt Baptinn by the Wesleyan Missionaries within
the finitA of aocli diatzicte where a Clergyman of the Established
been appoinfted ; and also transmitting a Copy of
222 Records of the Cape Colony.
a Memorial which has been addressed to you upon the subject
of these Regulations by the Wesleyan Missionaries.
As your Excellency expresses a desire to receive some
instructions respecting the claims made on the part of those
Missionaries to baptize and even to marry, both which claims
were disputed, I lost no time in having a communication with
the leading persons of that Society.
Every dissenting Minister claims and exercises a right to
baptize. This right has been, by a decision of Sir John Nicholl
confirmed to them, but I am assured that the Wesleyan Society
are by no means anxious to exercise this right, except where
the Parents themselves propose it.
They are also ready to admit that the publication in the
paper that the baptism had been celebrated according to the
rites of the Church of England was incorrect, if that ceremony
were not performed by a Clergyman of the Church of England^
and they will by no means object to a small fee being paid on
the registration of the baptisms celebrated by them, if such a
regulation should be generally adopted with respect to all
baptisms by whomsoever celebrated.
With respect to the celebration of Marriages, they do not
wish that their Minister should perform that ceremony, except
in cases where no Clergyman of the Church of England is at
hand to perform it. If their Minister in Albany has celebrated
Marriage, when a Clergyman of the Church of England could
have celebrated it, it must have taken place since the appoint-
ment of a Clergyman of the Church of England to the district^
where none had before been resident ; and it is, therefore, to
be considered as the continuance of a practice which ought tt>
have ceased when the necessity for it no longer existed. They
will, I am assured, take care that the celebration of this
Ceremony shall be henceforth strictly confined to those
occasions when by reason of the absence of a regular Minister,^
the alternative is, that the ceremony must be dispensed with
or celebrated by a Minister belonging to their Society.
Subject to these restrictions, I see no reason for precluding
the Wesleyan Missionaries from celebrating the Marriage
Ceremony. I have &c.
(Signed) Bathurst.
Records of the Cape Colony. 225
[Office Copy.]
Letter from Earl Bathitrst to Lord Charles Somerset.
Downing Stbeet, London*, Zrd October 1825.
My Lord, — I have received with considerable surprize the
information contained in your Excellency's dispatch of the
23rd of July last, in regard to the conduct pursued by Colonel
Bird in not replying to the communications which have been
addressed to him by your Excellency's desire respecting the
Pension which it is proposed should be granted to him.
I would hope that before your Excellency shall again have
occasion to communicate with me. Colonel Bird may have
enabled you to acquaint me with his decision in regard to the
alternative which has been proposed to him, and that he may
have accounted for his neglect in not having sooner replied
to your Excellency's communications. In the event, however,
of these communications remaining without any conclusive
answer from Colonel Bird, with respect to the proposed alter-
native, at the period when this dispatch shall reach your
Excellency, I have to desire that the payment of his pension
should be suspended, and that no further pecuniary issue be
made to him, without further instructions from me.
I have &c.
(Signed) Bathitrst.
[Copy.]
Letter from the Commissioners of Enquiry to Lord
Charles Somerset.
Cape Town, 3rd October 1825.
My Lord, — Since we had the honor of addressing your
Lordship in reply to your letter of the 23rd August last, we
have not failed to give our attention to the important subject
which you did us the honor to bring under our consideration,
and in stating our views of the financial circumstances of the
Colony, we take the opportunity of soliciting from yoiur
224 Records of the Cape Colony.
Lordship such an explanation of those which you may entertain
£is may enable us more effectually to meet the various difficulties
that we find to be opposed to us in providing for the claims of
the Civil Servants who have suffered from the depreciation of
the Currency.
As it may be necessary that we should explain the nature of
the difficulties to which we have alluded, we beg to trouble
your Lordship with a few general observations which have
occurred to us upon an examination of the accounts of the
Colony ; and we have prepared an Abstract Statement which
may tend to* elucidate the subject, and which we accordingly
enclose for your Lordship's inspection.
On a reference to the Returns of the Revenue and Expen-
diture of the Colonv that have been laid before ParUament, we
have had occasion to observe that a considerable surplus has
appeared to the Credit of the Colonial Government in each
year since the capture of the Colony in 1806 ; and in the
Accounts of the last four years this Balance has been much
larger than in the preceding years.
In the year 1821 it amounted to Rds. 183,742 ; in 1822 to
Rds. 291,058 ; in 1823 to Rds. 360,581 ; and in 1824 to
Rds. 300,620.
Your Lordship is of course aware that these Balances have
chiefly arisen from the appearance of various items in the
accounts which have made no part of the permanent Resources
of the Colony ; and in order to arrive at a clear perception of
the actual revenue compared with the Charges of the present
Estabhshment, we have confined our Statement to the several
Branches of the general revenue which are applicable to the
maintenance of the Colonial Estabhshments.
In assuming the average of the annual Receipts of the last
four years, we have endeavoured to guard against any excess
or diminution that may have resulted from temporary
causes, and for the disbursements made in the repairs of pubUc
Buildings and Roads, and in the purchase and Repair of
Vessels, we have also taken the average of four years ; but in
calculating the permanent Expenditure of the Colony we have
taken the Estabhshments as they exist, according to the latest
Returns that have been furnished to us.
Upon inspecting this Statement, your Lordship wiU observe
Records of the Cape Colony. 225
that the Receipts of the Colonial Government under the
estabUshed heads of Taxation and Revenue have averaged in
the last four years the Sum of Rds. 1,499,716, and that the
existing EstabUshments of the Colony exceed that amount by
the Sum of Rds. 20,017, thus leaving no surplus to meet the
extraordinary and miscellaneous disbursements, which have
averaged Rds. 247,718 per annum.
Prom this Statement it would appear that there is a consi-
derable deficiency in the Colonial Revenue to meet the charges
of the Establishment, even on their present footing, and to
provide for contingent Expences which cannot be entirely
avoided ; and as some branches of the Revenue may eventually
be diminished, it will be necessary to consider in what manner
such deficiency may be replaced ; and also from what sources
the increased charge of the Establishment may be defrayed,
before any determinate increase can safely be made either in
the amount of the present Salaries or in the number of the
present Offices.
The charges on the Civil List, including the EstabUshments
of the Churches, Districts, and Residents, we have estimated
to amount to 883,888 Rixdollars, from which we have separated
the Pension hst, already amounting to Rds. 50,652, which
your Lordship is aware will be materially augmented in making
the necessary provision for superannuated Servants. On a
reference to the Official Returns, we beUeve that we are correct
in stating that the Salaries which have been reduced in value
by the depreciation of the Currency amount at least to Rds.
500,000, as in the year 1824 they were stated in the Official
Returns to amount to Rds. 661,577, including the Currency
Pensions.
With reference to the situation of those Public Servants who
are now so inadequately paid, and the distress to which many
of them are consequently subject, we fully concur with your
Lordship in the practicability of effecting a partial relief by
means of reductions that may be made in some parts of the
Colonial EstabUshments.
We are not of opinion however that it will be practicable to
rely wholly, or indeed to any great extent, on these reductions,
or to place the Departments on any efficient footing without
some addition to the burthens of the Colony. We entertain
Q
226 Records of the Cape Colony,
hopes that some branches of the Colonial Revenue will even-
tually improve, but this cannot be relied on as an available
Resource, when other Branches may be expected even more
suddenly to fail, or may be desirably relinquished ; and
it is to this consideration that we are most anxious to
draw your Lordship's attention, in order that we may be
favored with your opinion of the manner in which the
deficiency may be made up with the least inconvenience to
the Colony.
It has occurred to us to suggest to your Lordship that some
saving may possibly be eflEected by a more oeconomical adminis-
tration of the District Taxes and of those which are raised in
Cape Town thro' the Burgher Senate, and by this means that
the Colonial Revenues might be reheved from part of the
Charges that are at present incurred for the support of the
Local Establishments.
As however the Town and Districts are for the most part
burthened with debts, and have been subject to extraordinary
assessments which have borne heavily on the inhabitants, we
are not prepared to say that any material portion of these
Revenues could be applied to such an object ; and it is further
to be remarked that the whole of the Salaries which have
hitherto been defrayed from these funds have been reduced in
value by the depreciation of the Currency, and that some of
them must consequently be augmented in common with those
that are paid from the Colonial Revenues.
We have not thought it necessary to adveaii to the reductions
that may be found practicable in the contingent and miscel-
laneous expenditure of the Colony ; for these Charges being in
excess of the Revenues which may be considered to be absorbed
by the Establishment alone, it would be impossible to provide
for them in future on the most oeconomical scale, and to
maintain the present establishment without new additional
burdens to the People.
Your Lordship is already aware that a very considerable
advance will have to be made by His Majesty's Government in
the redemption of the Paper Currency ; and although this
charge may be ultimately redeemed from the credits of the
Lombard Bank, which have originated exclusively in the issues
of that Paper, there are certain Buildings and Works, the
Records of the Cape Colony. 227
execution of which the poverty of the Colony will not admit
of being defrayed without assistance.
If His Majesty's Government should therefore be disposed
to admit of the immediate appUcation of the credits accruing
to the Bank to such an object, the ultimate redemption of the
debt must depend upon the savings of revenue to be eflfected.
In raising the present Cape Corps, we are aware that your
Lordship contemplated the practicabiUty at a future period of
again reducing it, and altho' that period may be in some degree
indefinite, the liberation of so considerable a portion of the
Revenue may be expected eventually to relieve the Colony
from its principal embarrassments, and enable the Grovernment
to dispense with a part of those burthens which its necessities
would alone induce it to continue or to augment.
As we feel thoroughly persuaded that we should not be
justified in proposing to His Majesty's Government to incur
any additional Charges on account of this Colony until we
were prepared to prove the impossibiUty of raising the Amount
of its Revenues, we have given our attentive consideration to
the means by which the present deficiency of the Revenue may
be supphed, in order to meet the demands of an efficient
EstabUshment, and if we should be favored with your Lord-
ship's concurrence in those general views in which we have
endeavoured to be guided by an impartial consideration of the
various interests that are involved in the question, we shall be
prepared to profit by your Lordship's suggestions in respect to
those definitive arrangements which it will become our duty
to submit for the approval of Earl Bathurst. We have &c.
(Signed) John Thomas Bigge,
Wm. M. G. Colebrooke.
[Copy.]
Letter from Commander Wray to Commodore Christian.
His Majesty's Sloop Ef^pidgle,
Simon's Bay, 3r(2 October 1825.
Sir, — In reference to the letter from the Colonial Office,
addressed to you, requesting a passage for Mrs. Erith and
three children,
Q 2
228 Records of the Cape Colony,
I beg to state that the Espiigle being a single decked vessel,
and having all her provisions upon deck in consequence of the
Wine for Government occupying the Holds, it will be quite
impossible to accommodate her and Children. I have &c.
(Signed) L. H. Wray, Commander.
[Office Copy.]
Letter from Earl Bathitrst to Lord Charles Somerset.
Downing Street, London, ^h October 1825.
My Lord, — I have to acknowledge the receipt of your
Excellency's dispatch of the 25th of July last, enclosing an
apphcation from Sir Richard Flasket upon the subject of his
Office.
It will be desirable I think, that the Collection of Stamps
should be transferred altogether to some of the Revenue
Departments, which will enable the present Collector to devote
his Services entirely to the Secretary's Office ; but as a similar
arrangement could not be made with respect to the Accountant,
I have no objection to the temporary employment of an addi-
tional Clerk in that Office as proposed by Sir Richard Flasket >
and your Excellency will consider yourself authorized to allow
the Messenger of the Office to retire with a moderate Fension.
I have &c.
(Signed) Bathurst.
[Original.]
Letter from John Barrow, Esqre., to R. W. Hay, Esqre.
Admiralty Office, 4 October 1825.
Sir, — Having laid before my Lords Commissioners of the
Admiralty your letter of the 30th of last month, transmitting
by direction of Earl Bathurst copies of two letters which had
been received from Mr. Knox, respecting the formation of a
Records of the Cajpe Colony. 229
safe and commodious Mole or Harbour within Table Bay at
the Cape of Good Hope, together with a plan thereof with its
accompanying explanation, and requesting the opinion of my
Liords on the subject : I have their Lordships' commands to
return the plan and explanation in question, and to request
you will inform Earl Bathurst that they cannot recommend
the adoption of Mr. Knox's proposition. I am &c.
(Signed) John Barrow.
[Copy.]
Letter from Commodore Christian to the Secretary to
Government.
Owen Olendower, Simon's Bay, 4 October 1825.
Sir, — I beg to lay before you a letter I have received from
Captain Wray of His Majesty's Sloop Espiigle, respecting Mrs.
Erith and three Children, and am to express my regret at not
being able to order them a passage to England in the said
sloop. I have &c.
(Signed) Hood H. Christian.
[Copy.]
Letter from Lieutenant-Colonel Somerset to the
Commissioners of Enquiry.
Graham's Town* October 4tth 1825.
Gentlemen, — I have the honor to acknowledge the receipt
of your communication of the 23rd September last inquiring
into the circumstances of some CaflFres being shot at the place
of Fieldcomet Van der Nest.
At the time the transaction took place, on hearing of the
circumstance I rode over to the Kaka to inquire into the
affair. From information I obtained it did not appear to me
that any culpability could be attached to Van der Nest. This
I explained to the Caffre Chief McComo, and no doubt remained
230 Records of the Cape Colony,
on my mind but that the arrival of the CaflFres on that spot
and the story they pretended to relate was a ruse de guerre to
enable them to plunder with more certainty of success.
I have now however called on Captain Massey to send me a
minute and circumstantial detail of this affair, which I shall
have the honor to forward for your information. I have &c.
(Signed) Henry Somerset, Lieut.-Colonel
Commanding the Frontier.
[Copy.]
Letter from Abraham Borradaile, Esqre., to the Lords
Commissioners of His Majesty's Treasury.
Committee Room, 25, Rood Lake, 4ih October 1825.
My Lords, — I beg respectfully to refer to a letter which I
had the honour of addressing to your Lordships, dated 11th
May last, wherein I requested to be informed, for the satis-
faction of the merchants and others interested in the trade of
the Cape of Good Hope, what steps had been taken with respect
to the currency of that colony ; to which letter your Lordships
were pleased to direct the following reply, under date the 4th
June last :
" I am commanded by My Lords to acquaint you, that an
Order in Council has been issued, declaring that the tender
and payment at the Cape of Good Hope of l5. 6d. of British
silver money shall be equal to the tender and payment of one
rixdoUar ; and a supply of British silver and copper money
has been sent thither with a view to its being issued in defraying
the public expenditure : And their Lordships have further
directed, that the officer in charge of the commissariat upon
that station, should grant his bills upon this Board to any
amount, in sums of not less than £100, upon the tender to him
either of British silver money or of the paper currency of the
colony, at the rate of £103 of British silver money or of paper
currency of the colony for every Bill of £100, and computing
the paper money at la, 6d. the rixdollar."
It is therefore with no small surprise and alarm, the merchants
, Records of the Gape Colony, 231
have heard it circulated on high authority, that in consequence
of representations transmitted from the colony, the value of
the rixdoUar is again to be altered, and that 2^. is to be the
value, in place of la. 6d.
It would be needless to point out to your Lordships the
importance to the merchants and others interested, of a
question of this nature being set at rest ; I trust therefore I
may be honoured with an intimation from your Lordships, for
the information of the trade in general, stating whether it is
the intention of His Majesty's Government to make any
alterations regarding the currency of the Cape of Good Hope,
further than those communicated to me by command of your
Lordships on the 4th June last ; and as two vessels are now in
the Downs, waiting a wind to proceed to the Cape, an early
reply would be highly desirable. I have &c.
(Signed) Abraham Borradaile,
Chairman of the Committee of Merchants and
others trading to the Cape of Good Hope.
[Copy.]
Letter from the Landdroat of Tulbagh to the Commissionera of
Enquiry.
Landdbost's Office, Wobcesteb, 4th October IS25.
Gentlemen, — I have the honour to transmit you a detailed
Statement of the Taxes levied at the opgaaf of the present
year, as directed by your letter of the 5th April last ; and
likewise, in obedience to the directions contained in said letter,
beg leave to state that the Extraordinary Taxes of Transport
and Commando are levied by classification, according to the
number and value of the estates, bearing in mind the quantity
of stock and produce of the estates, as well as the amount of
income from other sources.
I have to apologize for not having sent you this Return
sooner ; but I had considered you required the amount levied
under each head, as required by your letter of the 30th ultimo,
which could only lately have been complied with, the inhabi-
232
Records of the Cape Colony.
tants of the distant field-cometcies being allowed to pay their
taxes at the time they emigrate with their flocks to the Caroo.
I have &c.
(Signed)
C. Trappbs.
Statement of Taxes levied at the Opgaaf, in the Year 1826.
Rdt. tk. tt.
2 4 0
Qbdinabt Taxes:
Head Money:
For each head of family •
Cattle Money:
For each head of cattle and breeding horse 0 0 2
For each saddle or waggon horse .
Produce:
For each muid of grain
For each leaguer of wine
For each leaguer of brandy .
EXTBAOBDINABT TaXES :
Transport )
0 0 4
0 0 2
0 2 4
0 6 0
Commando)
by classification
Slave Tax:
For each male above 14 years
female „
male or female below 14 years
»»
Church Tax:
For each place
erf
»>
2
1
0
0
0
4
0
0
0
4
2
2
1
4
2
By Govt. Proclamation,
dated 12 Mar. 1813.
By Govt. Proclamation,
dated 4 Dea 1812.
'By Govt. Proclamation
dated 9 Feb. 1823.
\By Govt. Letter, dated
/ 5 March 1824.
[Copy.]
Letter from the Landdroat of Albany to the Commissioners of
Enquiry.
Graham's Town, 4ih October 1825.
Gentlemen, — In explanation of the circumstance of your
letter of the 5th of April last (by which I was called upon for
Records of the Cape Colony, 233
a detailed statement of the taxes levied at the opgaaf of the
current year) not having been answered, I beg leave to state,
that though the opgaaf for the year has been levied from the
Dutch farmers, I have not yet been able, from a press of
business and other causes, to complete the whole opgaaf
return, and call upon some of the inhabitants, not settlers,
residing in Graham's Town and elsewhere, who are liable to
the payment of taxes.
The Return I am about to submit must, from the above
cause, be imperfect ; for though the principle, or mode of
taxation may be given, yet the amount levied under the
separate heads of assessment cannot at present be stated.
Rit. »k. St,
The opgaaf money, including head money and tax upon
produce, levied according to the proclamation of
the 1st April 1824, amounts to . . . . 1,193 2 4
Transport money, being 50 per centum on opgaaf, ex-
clusive of head money ..... 257 4 0
Church money, from Dutch farmers, who are in posses-
sion of the title deeds of their places, being. . 52 0 0
There are no extraordinary assessments, nor do I suppose
there will be, until the whole of the inhabitants of the district
are placed on an equal footing as to taxes.
Rd». tk. St.
The taxes received from the missionary establishment
of Theopolis, levied on the same principle, amount
to 719 6 0
Profits arising from trade are taxed at three-fourths per
centum : the amount for the year on this account is not yet
ascertained. I have &c.
(Signed) W. B. Dundas, Landdrost.
[Office Copy.]
Letter from Eabl Bathubst to Lord Chables Somerset.
Downing Street, London, 5th October 1825.
My Lord, — ^I have the honor to acknowledge the receipt of
your Excellency's dispatch of the 27th of January last, enclosing
a Plan and Estimate of a Church for the celebration of National
234 Records of the Cape Colony.
Worship which you are desirous of building for the accommo-
dation of His Majesty's Subjects residing at the Cape ; and
you requested to be allowed to draw on His Majesty's Treasury
for the amount of the expence which would attend the under-
taking.
Before I could authorize your Excellency to make any
arrangements for this purpose it would be necessary that I
should obtain the consent of the Lords Commissioners of the
Treasury to this Expenditure ; and I think it but fair to apprize
you, that I could not expect to obtain that consent even on
the terms which you propose, unless I could accompany the
proposal by stating that the Inhabitants had given the best
evidence of their wish to have the Church, by entering into a
subscription for that purpose, as has been done at Barbadoes
and other places. I have &c.
(Signed) Bathtjrst.
[Office Copy.]
Letter from R. W. Hay, Esqre., to the Commissioners of
THE Navy.
Downing Street, 6th October 1825.
Gentlemen, — I am directed by Earl Bathurst to transmit
to you a Copy of a letter from Mr. Edwards, representing the
destitute situation of four orphans, who, on account of the
death of their parents, who went out as Settlers to the Cape of
Good Hope in the year 1821, have been left without friends or
resources in that Colony ; and soliciting that a Passage to
England may be granted to them at the Public Expense. The
distressing circumstances which characterize this application
having induced his Lordship to hold out a hope that accom-
modation may be provided for these Children in some Transport
which may be returning to England from the Cape of Good
Hope, I am directed to desire that you will instruct the Com-
missioner of the Navy at the Cape to avail himself of any
opportunity which may offer for sending these Children to
England. I am &c.
(Signed) R. W. Hay.
Records of the Cape Colony. 235
[Office Copy.]
Letter from R. W. Hay, Esqre., to D. Edwards, Esqbe.
Downing Street, bth October 1825.
Sir, — ^I have laid before Earl Bathurst your letter of 28th
Ultimo representing the destitute situation of the 4 Orphan
Children of a Mr. and Mrs. Leader, late Settlers at the Cape
of Good Hope, and soliciting that a Passage may be granted to
them from that Colony to England at the Public Expense,
and I am directed to acquaint you in reply, that although it is
not customary to grant free Passages to private Individuals^
his Lordship has been nevertheless induced, in consideration
of the peculiar circumstances of the case, to recommend that a
Passage to England should be provided for these Children in
case an opportunity should offer of a Transport returning
from the Cape of Good Hope. It will be desirable, therefore,
that you should apprize the person who may have charge of
the children to report them accordingly to the Commissioner
of the Navy at the Cape. I am &c.
(Signed) R. W. Hay.
[Copy.]
LeUer from Mr. J. van Reenen to Landdrost J. W. Stoll.
Ganze Kbaai., bth October 1825.
Sir, — In answer to your letter of the 4th Instant, requesting
to know if I have derived any profit from my English stallions,
I must confess that I have gained much by them. I bought
one from Captain Christopher and a second one from His
Excellency Lord Charles Somerset. I certainly would not
have bought the second if the first had not proved profitable.
I had from 30 to 36 Foals a year, of which 15 or 16 were
colts : sold several of them for Rds. 3,000, Rds. 1500,
Rds. 1,200, Rds. 500, the lowest for Rds. 300.
I have now 60 mares in foal. I have had mares belonging
to strangers covered, receiving from Rds. 100 to Rds. 50 for
236 Records of the Cape Colony.
each, and have made a considerable sum by so doing. I must
add to this that had I not had a stud, I should have been
unable to pay my Interest during the time we had bad crops.
I have &c.
(Signed) J. van Reenbn.
[Office Copy.]
Letter from Eabl Bathtjrst to Lord Charles Somerset.
DowNiKO Street, London, ^h October 1825.
My Lord, — I have had the honor to receive your Excellency's
dispatch of the 8th June last, enclosing a Report which has
been drawn up by Mr. Robert Knox of Scarborough, upon the
practicability of forming a safe and commodious mole or
harbour in Table Bay.
A short time before I received your Excellency's dispatch
Mr. Knox had delivered his report and Plans at my Office, and
I immediately forwarded them for the consideration of the
Lords Commissioners of the Admiralty, who have since
acquainted me that they cannot recommend the adoption of
Mr. Knox's proposition.
Under these circumstances it will be necessary to resort to
the consideration of other means for accomplishing an object
which appears to be not less essential to the prosperity of the
Colony, than to the interests of British Shipping. To those
persons whose experience on such subjects has entitled their
opinions to be attentively considered, it has appeared that a
desirable anchorage could most easily be effected in Table Bay,
by means of a Breakwater, the materials for which may it is
conceived be readily obtained in the immediate vicinity of
Cape Town. I have accordingly desired Mr. Rennie, an
Engineer of high reputation to state the points upon which
detailed information is requisite, in the first instance, in order
to enable His Majesty's Government to arrive at a decision
upon the practicability of accomplishing the object by the
means proposed, and I enclose for your Excellency's considera-
tion, a paper which I have received from that Gentleman, and
\
Records of the Cape Colony. 237
which will enable you to direct the proceedings of such persons
as you may select for framing a Report upon the topics set
forth in Mr. Rennie's paper.
In the mean time, I beg leave to acquaint your Excellency
that in consequence of the representations which I have
received of the inconvenience to which the trade of the Colony
has been exposed from the want of an active and inteUigent
person to perform the duties of Captain of the Port, which I
am given to understand are performed by a Deputy who is
advanced in years, and unequal to the effectual discharge of
his functions, I have determined to send out an Officer of the
Navy to replace him ; and as it will be proper that this Officer
should receive an annual Salary of Three hundred Pounds and
the Emoluments attached to the Office of Captain of the
Port, your Excellency will suggest for my consideration some-
arrangement by which Mr. Blair may be indemnified for the
deduction which will thus be made from his Salary.
I have &c.
(Signed) Bathtjrst.
[Copy.]
Letter from Lord Charles Somerset to Commodore
Christian.
Government Hoxtse, Cape Town, 6«A October 1826.
Sir, — It is a matter of deep regret that I am compelled to
trespass further upon your instructions relative to despatching
His Majesty's Ship Espiegle for England, but I have just
learnt from the Chief Justice that it will be impracticable for
him to furnish me with some papers (which it is indispensable
I should give into Lieutenant Rutherford's charge for Earl
Bathurst) so soon as Sunday next.
This delay has arisen from the necessity on the part of the
Chief Justice to refer to one of the members of the Court of
Justice, (who sat as Judge on cases alluded to by Mr. Bishop
Burnett), previous to his being able satisfactorily to reply to
238 Records of the Cape Colony.
some parts of the Petition to the House of Commons of that
individual.
That member of the Court howevet returns to Cape Town
to-morrow and the Chief Justice assures me that every prac-
ticable exertion shall be made in preparing the papers so as to
cause as little further delay in the saiUng of His Majesty's
Ship Espiegle as possible.
I will watch the progress that is made and will have the
honor to give you the earliest inteUigence, when I may depend
upon receiving them, I have therefore to request that at my
fiohcitation the Espiegle may be further detained.
The non-receipt of my Dispatches from His Majesty's
Government renders it impossible for me to say, at the present
moment, if I shall be necessitated to require the Ariadne to
convey me to England. I have &c.
(Signed) Charles Henry Somerset.
[Original.]
Letter from the Commissioners of Enqthry to Earl Bathtjrst.
Cafe Town, Qth October 1825.
My Lord, — Having had occasion to observe in the order of
His Majesty in Council for improving the condition of the
slaves in Trinidad that it has been proposed to remit all taxes
upon slaves who may be allowed by their masters to attend
Divine Service, and as the provision has been retained in the
draft of the order which has been prepared by His Excellency
the Governor in Council with a view to its application to this
Colony, we feel prompted to bring to your Lordship's immediate
notice some considerations that have appeared to us to render
inexpedient the introduction of such a clause in any order
that may be promulgated at the Cape.
That we may afford to your Lordship a concise view of the
financial difficulties of the Colony, we beg leave to enclose an
abstract statement of the annual revenue and expenditure
which we have prepared from information on .which we can
depend, and while on the one hand there exists an urgent
Records of the Cape Colony. 239
claim on behalf of the great majority of the public servants to
an increase of their salaries and which can only in part be met
by reductions in the establishment, your Lordship will observe
that the revenue now collected is insufficient to provide for the
establishment, even on its present footing, and that the con-
tingent disbursements which have hitherto amounted in each
year to a considerable sum are wholly unprovided for. Altho'
an expectation may be reasonably formed that the Land
Revenue and Customs will eventually become more productive,
there are other branches of the Revenue that may be expected
to decline and some that are liable to objections that may
render it necessary to relinquish them altogether.
In considering the manner in which the assessed taxes have
hitherto been imposed upon the different orders of the Com-
munity, we have not failed to observe that they have borne
most heavily upon the indigent classes, and that the accumu-
lated expences resulting from the numerous executions for the
legal recovery of arrears of taxes have been ruinous to Invidi-
duals without benefiting the public in any corresponding
degree.
The most opulent of the Inhabitants may be considered to
be the owners of large families of Slaves, and from the cheap-
ness of subsistence they have been able to maintain these
slaves at httle expence and have enjoyed a large premium
from their labour which has progressively increased since the
abolition of the Slave trade and the enhancement of the wages
of labour in Cape Town.
As it has always been in the power of the slave owner to
hire out his slaves when he could not employ their services to
greater advantage, it is not surprising that the value of this
description of property should have increased in a greater
proportion than any other, an increase that may be estimated
at 100 or 150 per cent during the last twenty years, allowing
for the full effect of the depreciation in currency prices.
Labouring slaves are hired out at 30 rixdoUars per month or
360 rds. per annum, and mechanics at 500 and 600 rds.
exclusive of the subsistence of the slave.
Males and females are also profitably hired out as domestic
servants, and observing that one effect of this premium has
been to enhance disproportionately the price of labour to the
240 Records of the Cape Colony.
public, we have considered that the imposition of a moderate
tax on slaves would be the most equitable and indeed the only
practicable mode of providing for the deficiencies of the
Revenue without a further and considerable charge upon His
Majesty's Treasury.
As the number of Slaves in the Colony amounts to 35,509>
of whom 28,400 are above the age of 8 years, it may be estimated
that an assessment of one pound sterUng per head upon this
number, deducting those above 60 years of age, would amply
compensate for all deficiencies in the Revenue and provide for
the Colonial Establishments on an efficient footing. Such an
assessment would not exceed from 2 to 4 per cent upon the
profits that are at present derived from the labour of hired
slaves, and considering that it would be raised upon a species
of property that has been so generally profitable and that is
wholly exempted from taxation, we have been the more
anxious to bring the subject to your Lordship's notice before
any measures could be taken that might defeat the hope we
entertain of being able from this source to meet the deficiencies
of the Colonial Revenue without additional demands upon His
Majesty's Government. The peculiar circumstances of this
Colony, in the dispersion of the Inhabitants, the difficulty of
access to places of Divine Worship, and the difficulty of pro«
viding accommodation for slaves in those that already exist,
would give great facilities in evading the object of the provision
in the Financial Order, and in our consideration of the measures
for securing to the slaves the benefits of religious instruction.
we are not without hopes that the revenue we now propose to
raise in order to meet the exigencies of the Government might
eventually, if required, be made applicable to the advantage
of the slaves themselves.
Your Lordship will observe in the enclosed statement a very
considerable charge on account of the expenses of the Cape
Corps. As the maintenance of its estabUshment will only be
required until the permanent tranquillity of the Frontier can
be effected, so important a reduction in the pubUc expenditure
would enable the Government either to diminish the public
burthens or to apply the slave tax in aid of measures for the
amelioration of Slavery.
His Excellency the Governor having officially communicated
Records of the Cape Colony, 241
his request that we would confer with him on the subject of
the measures that may be necessary for the relief of those
public servants who have suffered from the depreciation of the
Currency, we have addressed some observations to His Excel-
lency upon the state of the Colonial Finances, and on the
receipt of his Lordship's reply containing the suggestions that
he may wish to offer on this subject, we shall be prepared to
bring the arrangements for the Colony under your Lordship's
consideration. We have &c.
(Signed) John Thomas Bigge,
William M. G. Colebrooke.
[Copy.]
LeUer from Mr. P. van der Byl to Captain Hare.
Eebste Riveb, Wh October 1825.
Sir, — ^In reply to your letter of the 29th ultimo, I beg leave
to inform you that it is now twenty-five years since my Father
commenced the breeding of Horses, it has been his constant
endeavour to improve the same as much as possible, and con-
sidered this species of Farming exceedingly profitable, but by
which in early time he had very little profit (but never ex-
perienced any loss by it) owing to the want of thorough bred
staUions. However in the year 1816 my Father bought an
English stallion by public auction from His Excellency Lord
Charles Somerset for a sum of Rds. 7,450, from which the
breed has been uncommonly improved, and which has proved
very profitable, as he could sell the young stallions for so much
higher a price than could have been done before. In conse-
quence my Father with a vifew of improving the breed of
Colonial Horses still further purchased an English stallion for
a sum of Rds. 6,600 from His Excellency Lord Charles Somerset,
which horses were both imported by His Excellency, whereby
my Father's breed is infinitely risen in value and gives him a
great deal more profit, and as the price of Cape Wine is very
much decreased, and the harvest of Wheat very changeable
and uncertain, so he decidedly considers the breeding of Horses
R
iB
242 Becords of the Cape Colony.
from English stallions at present as by far the most profitable
concern in the Colony and far more lucrative even than the
culture of Wine or Com, and which profit the Colonists in
general, and especially my father and myself have no other
person to thank but lEs Excellency our present Governor, who
was the first who introduced these advantages, new species of
property into the Colony. I have &c.
I (Signed) P. van dbr Byl.
[Office Copy.]
Letter from Earl Bathurst to Lord Charles Somerset,
DowNiNa Stbeet, London, 1th October 1825.
My Lord, — In answer to your Excellency's dispatch of the
12th June last, I have to convey to you my approbation of the
arrangements which you have made for enabling the Agent
Victualler of the Navy to obtain free of duty such supplies of
Tea as he may require from the East India Company's Agent
at the Cape, for the use of the Crews, of His Majesty's Ships
and Vessels stationed there. I have &c.
(Signed) Bathurst.
[Original.]
Letter from Mr. W. Alers Hankey to R. W. Hay, Esqre.
Mission House, Austin Fbiabs, 7 October 1825.
Sir, — I beg leave to return to Earl Bathurst, the best
acknowledgements of the Directors of the London Missionary
Society, for the communication he has done them the honour
to make to me, on the subject of the Lands, confirmed by His
Lordship's authority, to the Missionary Institution at Bethels-
dorp in Africa.
The Directors are highly sensible of his Lordship's kindness
in the protection he has thus afforded to that Institution ; and
Becords of the Cape Colony. 243
they trust and believe that his Lordship, in hearing of the
future improvement of that -Settlement, will see good reason
to believe that his favor has not been bestowed on an unworthy
object.
It is with the greatest concern that the Directors of the
Society feel themselves obliged in consequence of recent com-
munications from the Cape, to appeal afresh to his Lordship
for his protection from an intention, on the part of the Governor
of the Colony (which indeed has been carried into effect) to
deprive their Listitution at Theopolis, in Albany, of lands
which had been allotted to it by former Governors. They will
do themselves the honor to submit the case to his Lordship's
consideration, in a short time. I am. Sir, &c.
(Signed) W. Alers Hankey.
[Office Copy.]
Letter from Earl Bathurst to Lord Charles Somerset.
DowNiNO Street, London, %th October 1826.
My Lord, — I have the honor to acknowledge the receipt of
your Excellency's dispatches of the numbers and dates noted
in the margin.
157—20 March Having only recently had occasion to
192—14 JiSy caution your Excellency in the strongest
196 — 19 „ manner against the prejudicial tendency
203—23 ", of many of the arrangements of your
Government, so far as regarded the
means of the Colonial Treasury to meet the he^vy and
encreasing expenditure to which those arrangements could
not fail to lead, I can scarcely say that I was surprized,
however mortified I felt at receiving the intelligence of the
loan which your Excellency has found yourself obliged to
contract with the Agent, of the East India Company.
It is not my intention, however, at present to advert in
detail to the merits of that measure until I shall have had an
opportunity of communicating upon the subject with the
Lords Commissioners of His Majesty's Treasury.
I shall also refrain from entering into any minute considera-
E 2
244; Records of the Cape Colony.
tion of the question which your Excellency has proposed with
respect to the expediency of reUeving the Colonial Treasury
from the charge of maintaining the two Corps of Cavalry and
infantry which were raised some time since for the defence of
the Eastern Frontier. I am apprehensive that such a claim
could with difficulty be sustained. There are tew possessions
of the Crown in which, without reference to the general interests
of the Empire, the expediency of having a local force could not
be made apparent ; and none which having such a force already,
would not feel equally desirous with the Cape, of being relieved
from the burthen of maintaining it. Your Excellency will
recollect that it was at your own request that these Corps were
originally raised or more properly revived ; and although the
interests of the Colony may have rendered such a measure
imperatively necessary at the time, yet it only became the
more incumbent on the Colonial Government so to apportion
its resources as not to fall into the inability of sustaining the
charge of maintaining that force.
Your Excellency will not consider that I am insensible to
the difficulties with which your Government has had to struggle
in providing largely for the wants of the great body of British
Settlers, and in keeping up its Revenue under the embarrass-
ments attendant on a depreciated currency, and under the
decline of the general trade of the Colony.
But in considering the inadequacy of the Colonial Revenue
to meet the demands upon it, it is not sufficient to advert to
the expenditure which the Colony has defrayed for the support
of the Settlers. Independently of the gross amount of the
advances made by the Colonial Treasury on their account, to
the end of the preceding year, your Excellency has stated the
amount of the permanent annual charge under the same head
at the sum of 46,000 Rix Dollars. This charge added to the
falling off of the Custom duties clearly explain why your
Excellency may not have been able for some time past, to act
up to the arrangements which were pointed out to you for
your guidance in my dispatch of the 1st January 1817. Upon
this subject it would have been highly desirable that your
Excellency should have enabled me to acquaint* the Lorda
Commissioners of The Treasury of the extent to which those
instructions were complied with.
Jiecords of the. Cape Colony. 245
In my dispatch No. 130 of the 20th Noyember 1^4 I called
your Excellency's attention generally^ and not on mere technical
grounds connected as you would appear to imagine with the
Audit of your Accounts, to the rapidly growing amomit of new
expenditure for the Civil Establishments of your CSovemment ;
and I expressed my desire to be informed of the cause of this ;
but I am sorry to observe that your dispatch No. 195 offers no
explanation whatever upon this subject, however satisfactory
the assurances may be which that dispatch conveys, of your
determination to regulate such expenditure more rigidly in
future.
Under all these circumstances, I have to convey to your
Excellency His Majesty's Commands that forthwith upon the
receipt of this instruction, you give orders for the immediate
suspension of all works which may be in progress or in con-
templation for the erection or repair of pubfic buildings, with
the exception only of such works as you shall be enabled to
satisfy His Majesty's Government may not be abandoned or
discontinued without manifest injury to the Public Service ;
and you will at your earliest convenience transmit to me a
detailed Report on the expenditure which may have been
already incurred, and may still remain to be defrayed on their
Account.
I have further to instruct your Excellency to give orders
for suspending the issues until further orders of all encreases
which you may have directed to be made to the salaries of
existing appointments, without having been sanctioned by me,
such suspension to take place from and after the period for
the payment of such Salaries which shall follow the receipt of
these instructions ; and you will transmit to me for my
Consideration a Statement of all Salaries which shall come
under the operation of this measure.
You will also abstain from making any new appointments
with Salaries attached to them, without the previous sanction
of His Majesty's Government. I have &c.
(Signed) Bathubst.
246 Records of the Cape Colony.
[Copy.]
Letter from Landdrost Stockenstrom to the Commissioners
OF Enquiry.
Cape Town, October %th 1825.
Gentlemen, — I have received from Graaff-Reinet a copy of
your letter of the 23rd ultimo relative to the shooting of the
Caff res who came into the Colony to restore Stolen Cattle,
together with copies of the whole of my correspondence both
with the Deputy Landdrost of Cradock and the Government
on the subject, which documents I have the honor to enclose.
They will shew the impression the case made on me when I
received the information and the steps I took in consequence.
Shortly after I had communicated the contents of the
Acting Colonial Secretary's letter to said Deputy Landdrost
the Somerset District was established, my authority in the
Division where the cruel outrage (for I still cannot call it
otherwise) had been committed ceased, and what further was
done in the affair I have not learnt, I have &c.
(Signed) A. Stockenstrom.
[Office Copy.]
Letter from Earl Bathurst to Lord Charles Somerset.
Downing Street, London, 9^^ October 1826.
My Lord, — I have had the honor to receive your Excellency's
dispatches of the numbers noted in the margin, and have
to convey to you my sanction of the
^^' 179 appointment of the Reverend Mr. Ireland
to the Chaplaincy of Graham's Town ; and
a notification to that effect will immediately be made to the
Secretary at War. I have &c.
(Signed) Bathurst.
Records of the Cape Colony, 247
[Office Copy.]
Letter from Earl Bathurst to Lord Charles Somerset.
Downing Street, London, 9^^ October 1825.
My Lord, — I have the honor to acknowledge the receipt of
your Excellency's dispatch of the 7th of July last, and to
desire that you will not for the present extend His Majesty's
gracious permission to wear the Uniform described in my
Circular of the 20th November last, beyond the Members of
the Council of Government. I have &c.
(Signed) Bathurst.
[Office Copy.]
Letter from Earl Bathurst to Lord Charles Somerset.
Downing Street, London, \(Hh October 1825.
My Lord, — I have received your Excellency's dispatch of
the 25th of July last, and I have to acquaint you, that for the
reasons which you have stated, I consent to the appointment
which you have made of Captain Hope to be Superintendant
of Government Buildings with a Salary of Two Hundred and
Sixty Pounds per annum and an additional sum of One hundred
Pounds for remunerating the services of a Clerk and Store-
keeper. I have &c.
(Signed) Bathurst.
[Office Copy.]
Letter from R. W. Hay, Esqre., to G. Harrison, Esqre. j
Downing Street, lOth October 1825.
Sm, — I am directed by Earl Bathurst to transmit to you
enclosed Copies of two Dispatches with their enclosures which
have been received from the Governor of the Cape of Good
248 Becords of the Cape Colony,
Hope reporting the discovery of a considerable defalcation of
the Revenues of that Colony, which implicates the character of
one of the late Members of the Colonial Court of Justice, and
as his Lordship considers it desirable that the circumstances of
this transaction should be closely examined, I am desired to
suggest that these Papers may be referred to the Commissioners
of Colonial Audit with Instructions that they should call upon
Colonel Munroe, who, at the period when the defalcation in
question took place, was acting as Auditor (Jeneral, and who
is now in this Country, to afford any explanation which he may
have it in his power to give of the irregularity with which the
Accounts of the Colony, during his temporary charge of the
Audit Office, appear to have been examined. I am &c.
(Signed) R. W. Hay.
P.S. Colonel Munroe's address is, " Messrs. Hopkinson's,
Regent Street."
[Copy.]
Ordinance of His Excellency theOovernor in Council, for assigning
to the Office of His Majesty^ s Fiscal certain Duties specially
to he entrusted to his Charge, and for separating therefrom
the Administration of the Police.
Whereas His Excellency the Governor in Council has taken
into serious consideration the various Duties which are at
present attached to the Office of His Majesty's Fiscal in this
Colony, and the impossibility, under the encrease of Business
which has taken place within the last few years, that any
Officer, however zealous and laborious, can attend to such
extensive Duties, either with satisfaction to himself or with
advantage to the Public interests :
And whereas His Excellency in Council has deemed it
expedient, that the Administration of the Police shall hence-
forth be entirely separated from the Office of His Majesty's
Fiscal, and shall be entrusted to the charge of an Officer to be
specially appointed for the purpose :
Records of the Cape Colony. 249
It is hereby enacted and declared, that the Duties of His
Majesty's Fiscal shall, from and after the 1st of the ensuing
month of November, be limited as follows :
1st. He shall aid and assist the Government with his Advice
on all Points of Law, and shall prepare the Drafts of all Legis-
lative Acts proposed to be submitted to His Excellency the
€rOvernor in Council.
2nd. He shall act as Public Prosecutor in Criminal Case^,
where the OfEence is Capital, or committed by the Landdrost,
or other Chief Magistrate within the jurisdiction of the District
over which he presides, in whatever part of the Colony such
Offences shall have been perpetrated ; and in all Criminal
Cases of whatsoever nature, committed within the jurisdiction
of Cape Town, with the exception of such Offences as are
specified in the third Section of the Crown Trial, and which
are cognizable before one Commissioner of the Court of Justice.
Provided, however, that in all Capital Crimes committed
within the several Districts of this Colony, or the Residency of
Simon's Town, the preliminary investigation and the usual
proceedings, as heretofore practised, shall be taken by the
respective Landdrosts or Resident ; and that in the Prosecution
of such Cases, His Majesty's Fiscal shall be assisted by the
Advocate for the Countrj' Districts.
3rd. He shall have the right of prevention in all other
Criminal Cases committed throughout the Colony.
4th. He shall also act on the part and on behalf of Govern-
ment, in all Revenue or Gvil Causes, wherein the Grovemment
may be concerned either as Claimant or Defendant, except in
the recovery of Fines, Penalties, &c. for contravention of
Police Regulations, which duty will remain with the Superin-
tendant of the Police.
5th. Li all the aforesaid duties he shall be assisted by his
Deputy (being one of the Class of Advocates), to whom he
shall have the Power of entrusting all such Cases as may
be brought before Two Commissioners of the Court of
Justice.
6th. And it is further enacted, that so much of the Pro-
clamation of the 3rd July, 1818, which declares, that the
Deputy Fiscal shall, ex officio, act as Advocate for the Land-
drosts of the several Districts in this Colony, and the Resident
250 Records of the Cape Colony.
of Simon's Town, in the prosecution of Criminal Cases, be
repealed ; and that such Officer be charged with the duties
thereof, as shall hereafter be especially appointed thereto by
Grovemment, save and except in Capital Cases in the Districts,,
which are provided for, as before-mentioned.
7th. And be it further enacted, that the Duty of adminis-
tering Oaths and taking Affidavits, which has hitherto devolved
on His Majesty's Fiscal, or his Deputies, shall henceforth
devolve on the Sitting Commissioner from the Court of Justice^
to whom the Parties wishing to make Oath are in future to
apply.
8th. And it is hereby finally enacted and declared, that no
Fee whatever, nor any Allowance which may heretofore have
been authorised to be taken by His Majesty's Fiscal, or his
Deputies, arising from the Prosecution of Criminal or Civil
Matters, or from Shares of Fines, Confiscations, Penalties, &c.
shall henceforth be taken or received by the said Officers, or
by any other Persons acting under them ; but that all such
Fees which may be authorised by Government, and all such
Shares of Fines, Confiscations, Penalties, &c. as above-men-
tioned, shall be carried to the Account of GrOvemment, and
paid into the Colonial Treasury.
And that no Person may plead ignorance hereof, this will be
published and affixed in the usual manner.
God save the King !
Given at the Cape of Good Hope, this 10th Day of October*
1825.
By Command of His Excellency the Governor.
(Signed) R. Plasket, Secretary to Government.
By Order of the Council.
(Signed) P. G. Brink, Acting Clerk of the Council.
JReeords of the Cape Colony. 251
[Copy.]
Ordinance of His Excellency the Gtjvernor in Council, for
Appointing an Officer to be entrusted with the Administration
of the Police, and the Prosecniion of Police Cases, arising
within the Jurisdiction of Cape Town,
Whereas by the Proclamation, or Ordinance, of His Excel-
lency the Grovemor in Council, under this day's date, it was
decreed, that the Administration of the Police, which had
hitherto been attached to the Office of BBs Majesty's Fiscal,
should henceforth be separated therefrom : It is hereby
enacted and declared, that from and after the 1st of the
ensuing month of November, the Administration of the Police
within the jurisdiction of Cape Town shall devolve upon an
Officer to be expressly nominated by His Excellency the
Governor for that purpose, under the Title of " Superintendant
of Police," who shall be, and he is hereby invested with all the
Powers and Authority hitherto granted to His Majesty's
Fiscal, in Police matters, and who shall, in conjunction with
the Deputy who may be appointed to assist him, be charged
with the several Duties hereinafter specified, within the juris-
diction above-mentioned.
Ist. He shall use his utmost endeavours for the suppression
of Riots, and all other Breaches of the Peace.
2nd. He shall hear Complaints and take Informations in a
summary way, respecting all Crimes and Transgressions of the
Laws, and shall report the same to His Majesty's Fiscal, in
order that the Offenders may be dealt with according to Law —
with the exception of such Offences as are specified in the
third Section of the Crown Trial, as cognizable before one
Commissioner from the Court of Justice, in which cases the
Superintendant of Police, or his Deputy, shall bring the
Offenders, with all the information he can procure on the
subject, before the said Commissioner.
3rd. He shall cause to be removed all Public Nuisances, and
attend to the state and cleanliness of the Public Streets.
4th. He shall maintain Peace and a proper degree of
Decorum in all Public Places, and in all lawful Assemblies >
Societies, Clubs, &c.
252 Mecords of the Cape Colony.
6th. He shall, in concurrence with the Commanding Officers
of His Majesty's Ships stationed in Table Bay, with the Captain
of the Port, and with the Chief Searcher of Customs, maintain
the Port Regulations relating to the Police of the Harbour of
Table Bay ; and in cases of Quarantine, Embargo, or other
Restrictions laid on Vessels anchoring in Table Bay, he shall
have the Power to establish temporary Guard Boats for
enforcing the compliance with the same.
6th. He shall watch over and protect the Property of
Individuals in cases of unforeseen accident by Fire, Inundation,
Shipwreck, or otherwise.
7th. He shall superintend the conduct of all Foreigners, and
see that the Laws and Regulations, with regard to their Resi-
dence in this Colony, be strictly complied with.
8th. He shall maintain the PoUce Laws and Regulations
relative to Hottentots, Free Blacks, and Slaves.
9th. He shall cause to be imprisoned all Vagrants and
other Offenders, who, according to Law, should be taken into
custody.
10th. He shall superintend the internal Management of the
Prisons, and the general Allotment of the Convicts to such
Public Works, to which, by their Sentence, they may be
assigned.
11th. He shall, in concurrence with the Burgher Senate,
maintain Order, and superintend the Regularity of the Dealings
in the Public Markets, and in all Taverns and other Public
Houses for the Sale of Eatables, Drinkables, &c. and in all
Retail Shops.
12th. He shall, in like manner, see that the Laws and
Regulations respecting the Hire of Coolies, Boats, Waggons,
Horses, Cattle &c. be complied with.
13th. He shall also superintend the Registry of all Births
and Deaths, as well as of all Licences, Contracts, Permissions,
&c. which have hitherto been required by Law to be
registered in the Office of His Majesty's Fiscal, and shall
further act in all other matters of Police not herein specified.
14th. He shall report to the Sitting Commissionei: all cases
of Arrest or Imprisonment, within 24 hours of the period of
the Arrest or Imprisonment, who shall decide thereon according
to the circumstances of the case ; and it is hereby declared
\
Hecords of the Cape Colony. 25$
illegal for him to detain any one in Arrest beyond that period,
unless reported as above directed.
15th. And it is further enacted and declared, that it shall
be unlawful for the Superintendant of Police, and for all
Persons acting under him, to take any Fee or Gratuity what-
soever, beyond such Public Fees as may be authorised by
Government to be taken in the Department of the Superin-
tendant of Police, and which shall be carried to the Credit of
Government — excepting therefrom such Fees only, as hitherto
have been received by the subordinate Officers and Servants
in the Police Department, for the apprehension of Deserters
and the transportation of Prisoners from one place to another^
within the limits of this Colony.
16th. And with a view to enable the Superintendant of
Police to carry into efEect the important Duties committed to
his charge, it is hereby ordered and directed, that all Officers,
in the Country Districts, and in the Residency of Simon's
Town, exercising the Duties of Executive Police, shall corre-
spond with the Superintendant of Pohce on all matters
requiring his knowledge or interference, and shall attend to all
applications or matters of Pohce which may be made to them
by the said Superintendant.
17th. And it is hereby further required and commanded,,
that all His Majesty's hege Subjects in this Colony be aiding
and assisting to the said Superintendant of Police, when called
upon, in the lawful execution of the Duties with which he is
hereby entrusted.
And that no Person may plead ignorance hereof, this will
be published and affixed in the usual manner.
God save the King !
Given at the Cape of Good Hope, this 10th Day of October,.
1825.
By Command of His Excellency the Governor.
(Signed) R. Plasket, Secretary to Government.
By Order of the Council.
(Signed) P. G. Brink, Acting Clerk of the Council.
254 Records of the Cape Colony.
[Copy.]
Ordinance of His Excellency the Governor in Council^ for
abolishing the Duty of 2\ per Cent, levied on Moveable
Property bought in at Public Auction ; and for reducing
from 2i to I per Cent, the Duty levied on Immoveable
Property bought in at Pvblic Auction, if disposed of by
Private Contract within Six Weeks after such attempt at
Pvblic Sale.
Wherej^s it has been represented to His Excellency the
Oovemor in Council, that it would be injurious to the Mer-
cantile Interests, as well as to the Revenue accruing to Govern-
ment, if the Duty of Two and a Half per Cent, levied under
the Proclamation of the 2nd May, 1806, on Moveables bought
in at Public Sales, were continued to be exacted : And whereas
it has been also found expedient, that the Duty of Two and a
Half per Cent, on immoveable Property exposed to Public
Sale and bought in, if the same be disposed of by Private
Contract within six weeks after such attempt at Public Sale,
should be reduced :
Be it therefore enacted, that the 1st and 2nd Sections of the
Proclamation of the 2nd May, 1806, wherein it is directed,
that on all moveable Property exposed to Public Sale and
bought in by the Owner or Proprietor thereof. One Half of the
usual Duties are to be levied, — and that the Whole of the
Vendue Duties are to be levied on immoveable Property,
which having been exposed to Public Sale and bought in by
the Owner or Proprietor thereof, may be disposed of by Private
Sale within six weeks from the day on which it was ofEered for
Sale at Public Auction, shall be, and the same are, hereby
repealed.
And be it further enacted, that from and after the date of
this Ordinance no Duty shall be levied on moveable Property
exposed to Public Sale and bought in by the Owner or Pro-
prietor thereof ; and that in case of the Sale of immoveable
Property, if the same shall have been exposed to Sale at Public
Auction, and being bought in by the Owner or Proprietor
thereof, shall be afterwards disposed of by Private Contract
within six weeks from the day it was offered for Public Sale,
Records of the Gape Colony. 255
then an Auction Duty of One per Cent, only shall be levied on
the amount for which the same has been disposed of by Private
Contract, in lieu of Two and a Half per Cent, as has been
heretofore usual.
And that no Person may plead ignorance thereof, this will
be published and a£Sxed in the usual manner.
Grod save the King !
Given at the Cape of Good Hope, this 10th Day of October,
1825. <
By Command of His Excellency the Governor.
(Signed) R. Plasket, Secretary to Government.
By Order of the Council.
(Signed) P. G. Brink, Acting Clerk of the Council.
[Original.]
Letter from the Commissioners of Enquiry to Earl Bathurst.
Cape of Good Hope, lOth October 1825.
My Lord, — Since we had the honor of addressing your
Lordship on the 30th September, the papers that we have now
the honor to enclose have reached us, and we avail ourselves
of a few days delay in the departure of H.M. ship Espiigle to
oflfer them to your Lordship's perusal in confirmation of the
observations we have made upon the impolicy of placing the
native Dutch Boers in the neighbourhood of the Caflfre
Tribes.
The Field Comet Van der Nest, to whom allusion is particu-
larly made in the papers, has been distinguished by his activity
in retaliatory expeditions against the Caflfres, and the enclosed
letters from Colonel Scott relate to the conduct of the same
Field Comet in the year 1822, by which the tranquillity of the
Frontier was disturbed.
As some doubt seems yet to remain respecting the motives
256 Records of the Cape Colony,
by which he was actuated on the present occasion, it is oiir
intention to make further inquiry upon the subject.
We have &c.
(Signed) John Thomas Biggb,
William M. G. Colebeooke.
[Original.]
Letter from the Secretary to Government to R. Wilmot
HoRTON, Esqre.
Cape of Good Hope, lOth October 1825.
My dear Sir, — I have already troubled you so much with
official business that I must apologize for alluding to my
private affairs.
On my first arrival here I found a great difficulty in getting
a suitable residence in Cape Town, owing to the exorbitant
rents asked for houses, and I was looking out for the purchase
of some place in the country when J collected from a con-
versation I had with the Commissioners of Enquiry that they
had remarked on the inconvenience arising from the Heads of
Departments residing in the country instead of in Cape Town.
Upon this hint I determined to set the example, and I laid
out every shilling I had in the world in purchasing a good
substantial house in town, for which I paid £4,600.
I have since learnt from the Commissioners that they have
in their report recommended that the Chief Secretary should
have an official residence allotted to him in Cape Town, in lieu
of house rent, in order to remove effectually the inconvenience
of his constant residence in the country, which was the case
with my predecessors and many other heads of Departments^
owing principally to the high price of house rent in Cape Town.
Should this proposal of the Commissioners be approved of
by Earl Bathurst, I have to request, and I think it is a fair
request to make, that should my house on inspection be found
to be a suitable residence and a good substantially built
property, at a moderate price, the Government may be
Becords of the Cape Colony, 257
authorized to purchase it in preference to any other for my
official residence, at the price which it cost me, and I shall
have no objection to take the amount in Debentures payable
at any time that may be convenient.
Should Grovemment not deem this purchase advisable, I
have only to beg you will be good enough to represent to Earl
Bathurst the total incompetence of the house rent allowed to
the Chief Secretary, since the depreciation of the currency, to
provide a residence for him. The house rent was originally
fixed when the dollar was 45., at 2000 rixdollars, or £400 a
year ; it is now according to the fixed exchange £160. The
Commissioners of Enquiry will I am sure confirm what I say,
from their own personal experience of the high price of house
rent here.
It is absolutely necessary, for the sake of health, to leave
Cape Town in the hot months. The consequence is that from
having purchased a house there I am obliged to have a summer
residence besides, and I can only assure you that my present
house rent costs me annually £460 a year.
The Governor has three houses allotted to him. My pre-
decessors have all had grants of land, prize negroes and appren-
tices, loans &c., which have kept them up, but I have nothing
of the kind, and every article here of labour &c. is so ruinous
that I really cannot save one shilling from my salary. I
would not trouble you had this not been the case.
I have &c.
(Signed) Richd. Plaskbt.
[Original.]
LeUer from John Barrow, EsQRB.y to R. W. Hay, Esqbs.
Admiralty Office, \(Hh October 1825.
Sir, — In reference to former communications respecting the
passage for Major General Bourke, his family, &c. to the Cape
of Good Hope on board His Majesty's Ship Rainbow ; I am
commanded by my Lords Commissioners of the Admiralty
xxni. s
258 Eecords of the Cape Colony.
to acquaint you, for the information of Earl Bathurst, that
their Lordships have ordered the Navy Board to cause such
fittings to be put up in the said ship at Chatham, (from which
place she is about to proceed to Portsmouth,) as may be
necessary for the accommodation of those passengers, so that
the ship may not be detained for the same, on her arrival at
Portsmouth. I am &c.
(Signed) John Barrow.
[Copy.]
Letter from Dr. James Barry to the Secretary to
Government.
Colonial Medical Inspector's Office, 10^ October 1825.
Sir, — I have duly received the letter you did me the honor
to address to me, dated the 4th Instant, in which I am informed
that the contents of my Letter of the 3rd added to other
circumstances which have lately passed with reference to my
duties as Colonial Medical Inspector have impressed upon His
Excellency the Governor the impropriety of any one Individual
being entrusted with the sole management and controul of
the Colonial Medical Department here, and that he has there-
fore felt it necessary to propose to Council that the duties of
that Department be henceforth carried on by a Committee
according to the original intention of the Colonial Government
in 1807. In reply to which I beg you to do me the favor most
respectfully to assure His Excellency of my entire willingness
to conform to any arrangements which are deemed necessary
for the conduct of the Department of the Colonial Medical
Inspector, but I beg leave at the same time to be excused
from admitting that any necessity for the arrangements to
which you allude can be drawn from the letter addressed by
me to you on the 3rd Inst., or out of any circumstances con-
nected with letters to which such necessity is partly ascribed
in your reply. I have &c.
(Signed) James Barry, M.D.,
Col. Med. Inspector.
Records of the Cape Colony. 259
[Office Copy.]
Letter from Earl Bathurst to Lord Charles Somerset.
Downing Stbeet, London, 11^ October 1825.
My Lord, — ^Having called upon Sir Rufane Donkin for an
explanation of the circumstances under which certain sums of
money appear to have been irregularly advanced, under his
authority to a person named Waldegrave, and to the Com-
missariat Department, as stated in your Excellency's dispatch
of the 5th July last ; My Under Secretary of State has received
the enclosed communication from Sir Rufane, from which
your Excellency will perceive that the blame which attaches
to these irregularities, properly falls upon the late Colonial
Secretary, and on the Receiver General, and I take this oppor-
tunity to express my earnest hope that the issue of monies
from the Colonial Chest has been placed under Regulations
which will render the recurrence of such irregularities im-
possible. I have &c.
(Signed) Bathurst.
[Copy.]
Letter from Lieutenant-Colonel Somerset to the Secretary
TO Government.
Qbaham's Town, October llth 1825. I
Sir, — I have the honor to forward to you my reply to
Mr. Francis's observations. — I have &c.
(Signed) Henry Somerset.
[Enclosure in the above.]
Memorandum in reply to Mr. Francis's Observations.
Graham's Town,
Cape of Qood Hope, October llth 1825.
When Mr. Francis was placed on his location on the llth
October 1820, the Land Surveyor was present, and by the
15th he had pointed out to Mr. Francis his boundaries. Mr.
s 2
260 Becords of the Cape Colony.
Francis was I believe placed on his location by Mr. Heemraad
Niekerk, who had been appointed by Landdrost Cuyler to
place certain parties on their locations.
I had nothing to do with locating Mr. Francis, my attention
at the time being occupied with the Settlers in a different part
of the district ; when I had finished the duty that called my
attention, I repaired to Mr. Francis's location. It appeared
that Mr. Francis had the quantity of land to which he was
entitled. He certainly expressed a desire for more land, but
that could not be granted him without removing a Farmer of
the name of Rensburg.
Mr. Francis's desire for an extension of Land was referred
to Landdrost Cuyler. I am not prepared to state what steps
were taken by the Landdrost, as I only acted under Colonel
Cuyler ; it was not in my breast either to refuse or recommend
Mr. Francis's apphcation for an extension of Land. I con-
sidered Mr. Francis's location was a very advantageous one,
and he appeared very anxious not to be removed from it.
The Settlers in general were located in Spots designated by
the Colonial Office, without the local knowledge or information
of the Landdrost being referred to ; mistakes may therefore
have occurred, but I am inclined to believe this was not so in
Mr. Francis's case, as the Surveyor was on the spot.
Mr. Francis's interests were never neglected by me, he came
either to my House or my Office as it suited him, and I always
transacted the business on the Spot ; he and many others had
access to me at any moment by day or by night.
(Signed) H. Somerset.
[Office, Copy.]
Letter from Earl Bathurst to Lord Charles Somerset.
Downing Steeet, London, \2th October 1826.
My Lord, — I have the honor to acknowledge the receipt of
your Excellency's dispatch of the 12th July last, enclosing a
communication from the Landdrost of Albany in which it is
suggested that a strip of land situated between the Missionary
Records of the Cape Colony. 261
Establishment at Theopolis and the late Lieutenant Colonel
Eraser's Estate might be given to that Institution ; and I
have to acquaint your Excellency that if the Missionaries
should be willing to accept a grant of the land in question >
upon the condition of not further extending their possessions
by purchase or otherwise, without the leave of your Excellency's
Government, I shall be prepared to sanction the grant of this
land to them. I have &c.
(Signed) Bathuest.
[Original.]
Letter from Lord Charles Somerset to Earl Bathxirst,
Cafe or Qood Hope, 12 October 1825.
My Lord, — I beg leave to transmit for your Lordship's
information Copy of a letter from the Commanding Officer of
Engineers on this Station, to my MiUtary Secretary, enclosing
a correspondence that has passed with the Board of Ordnance
on the subject of certain Services ordered to be effected in the
Military Posts on the Frontier of this Colony, and the payment
of which has been disallowed by that Board.
I have only to remark, upon this subject, that without
drawing upon His Majesty's Treasury, it will be quite impossible
in the present state of the Finances of this Colony, to defray
the Expences attendant upon the Military Services, from the
Colonial Treasury. I have &c.
<
(Signed) Charles Henry Somerset.
[Enclosure 1 in the above.]
Royal Ekoineeb Office,
Cafe of Good Hope, 1th October 1825.
SiB, — I have the honor to enclose to you a letter received
by me on the 3rd Instant from Lt. Colonel Mann, dated 15th
June last, transmitting by the order of the Inspector General
of Fortifications, a correspondence from the Board of Ordnance^
262 Becords of the Cape Colony.
upon the subject of certain Services ordered on the Frontier of
the Colony, and I am to request you will be pleased to lay the
same before His Excellency the Commander of the Forces.
I have &c.
(Signed) W. C. E. Holloway, Major and Com. Rl.
Engineers.
Captain Fitzroy, Military Secretary, &c., &c.
[Enclosure 2 in the above.]
84 Pall Maix, 15 June 1825.
Sir, — Referring to your letter of the 31st December last, I
am directed by General Mann, to transmit for your information
and guidance a Copy of the Board's Order dated the 20th
ultimo, with an annexed copy of the General's Report therein
referred to. I am Sir &c.
(Signed) Corns. Mann.
The Commander Royal Engineers,
Cape of Good Hope.
[Enclosure 3 in the above.]
Otfice of Obdnanoe, 2(Hh May 1825.
Sir, — Having laid before the Board Sir Alexr. Bryce's
letters of the 19th ultimo and 6th Instant, reporting upon the
Board's reference, of a communication from the Ordnance
Storekeeper at the Cape of Good Hope, covering a correspon-
dence respecting certain services ordered by the Commander
of the Forces, to be performed at Kaka Post on the Frontier,
I have it in command to acquaint you, that the decision of
these expences, between the Colony and this Department, is
yet undecided, and that no part of this expenditure will, till
further orders, be allowed in the Ordnance Accounts.
General Mann.
I have &c.
(Signed) Wm. Griffin.
Records of the Cape Colony, 263
[Enclosure 4 in the above.]
84 Paix Mall, %th May 1825.
Sir, — I am directed by General Mann to return a letter
from the Ordnance Storekeeper at the Cape of Good Hope,
covering a correspondence respecting certain services ordered
by the Commander of the Forces to be performed at Kaka
Post on the Frontier, which was referred by the Board's
Minute of the 2nd Inst, to General Mann for report, and I am
desired to state, that a Report and Estimate for the Service,
from the Commanding Engineer at the Cape was forwarded
from this Office for the information of the Board, on the 19th
ultimo. I have &c.
(Signed) Alexr. Bryce.
Wm. Griffin, Esqre.
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst.
Cape of Good Hope, \2th October 1825.
My Lord, — Although no communication is yet arrived from
Your Lordship, I have received through the medium of Lord
Edward Somerset, a Petition presented on the 18th June last
to the House of Commons from Bishop Burnett, containing
the most atrocious calumnies against my honor and character.
Your Lordship will therefore excuse my transmitting to you,
uncalled for, such refutations of the contents of this Petition
as I have been able hastily to gather together in time for the
sailing of His Majesty's Sloop Espiegle, which my Aide de
Camp Lieut. Rutherfurd of the Royal Engineers will have the
honor to deliver to Your Lordship, and to whom I beg to
refer Your Lordship for any further explanations that you may
require.
I have only to add My Lord, that I court the fullest inves-
tigation of every part of my conduct in the administration of
264 Records of the Cape Colony.
this Government, convinced that the more deeply it is inves-
tigated, the more I shall entitle myself to Your Lordship's
favorable representation of my conduct to His Majesty.
I have &c.
(Signed) Charles Henry Somerset.
[The Annexures to this Despatch are given elsewhere. —
G. M. T.]
[Copy.]
Letter from R. W. Hay, Esqre., to George Harrison, Esqre.
Downing Street, \2th October 1826.
Sir, — With reference to my communication of the 29th
ultimo, transmitting originals of two dispatches from Lord
Charles Somerset, and other documents relating to the measures
which have been adopted at the Cape of Good Hope for intro-
ducing the British currency into that colony ; I am directed
by Earl Bathurst to transmit to you, for the information of
the Lords Commissioners of His Majesty's Treasury, another
dispatch which has been received from Lord Charles Somerset,
together with a statement showing the disposal of the fund of
600,000 rixdollars created by his Lordship's predecessor.
Lord Howden. I am &c.
(Signed) R. W. Hay.
[Office Copy.]
Letter from R. W. Hay, Esqre., to T. P. Courtbnay, Esqre.
Downing Stbeet, 12ih October 1825.
Sir, — I am directed by Earl Bathurst to transmit to you
copy of a dispatch which has been received from the Governor
of the Cape of Good Hope, representing the necessity of
sending out from this Country new Dies for Stamping the
Papers, used in that Colony as Stamps, and I am to convey to
Records of the Cape Colony, 265
you his Lordship's authority for procuring and forwarding to
the Cape with as Uttle delay as possible the necessary supply
required, together with two Machines for working them, and
which Lord Charles Somerset requests may be made so as to
require as little exertion as possible. I am &c.
(Signed) R. W. Hay.
[Office Copy.]
LeUer fro7n R. W. Hay, Esqre., to T. P. Courtenay, Esqre.
Downing Street, I2th October 1825.
Sir, — I am directed by Earl Bathurst to convey to you His
Lordship's authority for providing and forwarding to the Cape
of Good Hope by the first convenient opportunity seven Clocks
and two Bells of the description and size pointed out in the
accompanying letter to you from Sir Richard Flasket : the
expense of which, his Lordship has decided shall fall upon the
Colonial Government. I am &c.
(Signed) R. W. Hay.
[Copy.]
Letter from Sir John Trutbr to Lord Charles Somerset.
Camp Ground, October I2th, 1825.
My Lord, — Having attentively perused the petition which
Mr. Bishop Burnett, who came out as a settler to this colony,
has addressed to the House of Commons, and which was
transmitted to me in order to examine and report upon its
contents, as far as relates to the administration of justice,
and having carefully compared the several heads of complaint
contained in the said petition with the records and other
documents relating thereto, and deposited in the offices of the
secretary to the Court and the sequestrator, I have not been
able to trace a single circumstance in support of the petitioner's
266 Records of the Cape Colony.
complaints against the judicial authorities in the colony ; and
this will, in my humble opinion, not be subject to any doubt
when the documents and reports of the authorities concerned
shall have been laid before your Excellency. As, however,
the regular collection and arrangement of these documents
and reports will require some time, and as your Excellency
might wish to know beforehand what you have to expect from
a full inquiry, I beg leave to lay before your Excellency the
summary result of what I have been able to learn from the
preUminary perusal and examination of the above-mentioned
records and other documents.
I have numbered the several paragraphs of Mr. Bishop
Burnett's petition, and stated my remarks on the 4th, 6th,
6th, 7th, 8th, 9th, 10th, 11th, 12th, and 13th.
Ad § 4.
Mr. Bishop Burnett, shortly after his arrival in the colony,
hired, on the 26th May 1820, of Mr. Hart a farm, situate in
the vicinity of Graham's Town, at the rate of 600 rixdoUars
per annum, and bought in June following, from the same Mr.
Hart, some oxen, sheep, and barley, amounting together to a
sum of 905 rixdollars. For the payment of this money Mr.
Hart seems to have pressed Mr. Burnett in the beginning of
1821, it appearing from a note of Mr. Burnett, dated January
10th, 1821, that he objected to the payment of that sum, on a
plea that the goods had been sold on a credit of 12 months.
In February 1821, a summons was served on Mr. Burnett to
appear on the 8th March following before the Court of Justice
for the payment of the above sum of 905 rixdollars. Mr.
Burnett, on the 24th February 1821, executed a bond of assign-
ment, making over to one of his creditors, Messrs. Ebden and
Eaton, the whole of his possessions and property, consisting
of stock, implements of agriculture, household furniture, plate,
and whatever other property he might be possessed of. On
the 8th March, Mr. Burnett did not appear before the Court of
Justice, nor did he on three ensuing summonses ; the last of
which was, ex super abundanti, to appear on the 26th July 1821,
when Mr. Hart obtained judgment by default for his oxen,
sheep, and barley.
Records of the Cape Celony. 267
This sentence having been forwarded to the landdrost of
Albany for execution, Mr. Burnett was called upon to point
out what property he had to cover the sentence, when, on the
Slst October 1821, he declared that he had no property,
moveable or immoveable, credits or otherwise, in this colony,
which could cover the sentence, every thing he occupied
having been transferred to Messrs. Ebden and Eaton ; which
declaration, together with the sentence, having been returned
to the sequestrator, this oflScer desired that Mr. B. Burnett
should swear to the truth of his said declaration, which con-
sequently he did before the landdrost of Albany, first, in
January 1822, for the sentence of Mr. Hart, and in March
following for a sentence on behalf of Mr. Devenish ; and
hereupon the sequestrator seems to have been led to publish,
in April 1822, that Mr. Biu^ett was insolvent.
From this statement it appears, —
a. That Mr. Hart's claim had no connection whatever with
Mr. Burnett's expenditure on the premises.
6, That Mr. Burnett's assignment of all his property to
Messrs. Ebden and Eaton was made when he had other just
debts to discharge.
c, That judgment passed by default without any other form
than the serving of summonses, which no civilized man can
plead ignorance of.
d. That Mr. Burnett never tendered to the landdrost a claim
upon the commissariat, but, on the contrary, declared that he
had no credits ; and,
6, That the publication of Mr. Burnett's insolvency took
place, vot immediately y but nearly six months after the sentence
in favour of Mr. Hart had been presented to him for payment,
and after he (Mr. Burnett) had repeatedly declared on oath
that he was unable to pay.
Ad § 5.
Arbitrarily suspended. — ^The suspension of the sale took
place upon a written proposal of Mr. Bishop Burnett to settle
with his creditors, dated 12th June 1822, with the consent
and concurrence of Mr. Eaton, the principal creditor for the
firm of Ebden and Eaton, and therefore cannot be termed
arbitrary by Mr. B. Burnett.
r
268 ' Records of the Capt Colony,
The persons entitled to throw any blame upon the seques-
trator were Mr. Hart and other creditors of Mr. Burnett ; in
which regard, however, it may not be considered amiss to
observe, that Mr. Burnett's property in the colony not being
sufficient by far to face his debts, it was the interest of his
creditors to listen to any proposal promising additional
security.
The proceedings were left in complete abeyance for two years. —
From the documents to be forwarded to your Excellency, it
will appear that Mr. Burnett is to be considered as the chief
cause of the delays which took place, and that he protracted
the final settlement in spite of repeated remonstrances of his
creditors.
Judicial declaration p/ a Commission of Circuit that the
proceedings were in error, d^c. — Such declaration does not
appear on record ; and Bhould the same have fallen from the
Court of Circuit in 1822, nothing but misrepresentation can
have led to it, because the sequestrator, in suspending the sale,
had been acting on the ground of Mr. Burnett's own request,
and with the concurrence of his principal creditors, Messrs.
Ebden and Eaton ; whilst with regard to his solvency or in-
solvency, the documents will prove that there can hardly be
any doubt but that Mr. Burnett never possessed so much
property in the colony as to be able to pay his debts at any
time.
Ad § 6.
To compel something like decision on the part of the colonial
government, — The colonial government had nothing to do with
the judicial conduct of Mr. Burnett's proceedings. Every
action Mr. Burnett wished to institute, as well in 1823 as
before, was received by the district clerk, and was admitted
by the Court of Circuit, after having, with his own consent,
been classed under proper heads.
Unfortunately Mr. Burnett's actions, for the greater part,
proved unfounded, and were followed by unfavourable judg-
ments, against which he lodged an appeal, without, however,
having prosecuted the same, although he might have done so
without any expense.
A B/cport of the judges who composed the Court of Circuit
Records of the Gape Colony, 269
in 1823, will throw the necessary light on the detail of the
proceedings between Mr. Burnett and Mr. Hart and the
sequestrator.
Ad § 7.
The inference that the decisions of the Court of Circuit had
been dictated by the colonial government has not only no
foundation whatsoever, but must be considered as a maUcious
contrivance, in order to give some colour to his unwarrantable
assertion of a departure from justice against two judges, who
it would be utterly impossible otherwise to place in any aspect
of partiaUty towards Mr. Burnett, a person entirely unknown
to them, and in behalf of Mr. Hart, a man with whom, as I am
credibly informed, neither of the judges had any intercourse.
Tour petitioner was universally considered an aggrieved and
persectUed man. — Mr. Burnett assumes here a character which
I never heard he bore in the colony. Both under your Excel-
lency's administration, and that of Sir R. S. Donkin, Mr.
Burnett's letters to the colonial government represent him
rather as a turbulent man. It would be difl&cult for Mr.
Burnett to prove that the road of justice has not been con-
stantly as open to him as to any one else, and his not following
it justifies a presumption against the goodness of his cause,
since not only he might have proceeded here without any
expense, but also had a right, in case of failure, to bring his
case before His Majesty in Council.
Ad § 8 and 9.
The regular mode of proceeding in this case, for the petitioner,
would have been to prosecute his appeal before the competent
court. What reason could the petitioner have to charge the
whole Court of Circuit with intolerable oppression ? Are not
oppression, corruption, partiaUty, injustice, crimes of a most
heinous nature in a judge, and ought they not to be proved, in
order to justify in any government a departure from the
common rules of the administration of justice ? Do not the
recorded proceedings of the Court of Circuit, upon which alone
Mr. Burnett has founded his proof, evince the contrary ?
Under these circumstances your Excellency was in duty bound
I
I
270 Records of the Cape Colony,
to protect the Court of Circuit against the most wanton and
maUcious attack that was ever made in this colony against the
proceedings of any court of justice. The construction of Mr.
Burnett's appUcation to your Excellency into a Ubel, and the
punishment of banishment by two judges of the Court, will
hereafter be proved perfectly agreeable to the colonial law ;
of which Mr. Burnett cannot have any reason to complain,
since, by his not appeaUng to the Court of Appeals, he has
shown his acquiescence in the dictates of that law, which he
has so ignorantly lacerated in his petition.
To this I beg leave to observe, that the Governor's referring
any case to His Majesty's fiscal for prosecution, does not bind
the fiscal to prosecute if he has no law before him in support
of his so doing, much less is the Court before which the fiscal
carries on a criminal prosecution bound by any reference to
pass a condemnatory sentence, when it has no law to go by.
Of this the petitioner himself has adduced a clear proof in
contrasting § 9, his case, and that of Mr. L. Cooke.
Ad § 10.
' The malice of the petitioner in what he states in this section
exceeds all bounds, as will appear when His Majesty's fiscal
shall have sent in his report upon the particulars. Suffice it
now to state, for the sake of general information, that all
searches in the dwellings of burghers and inhabitants are
regularly made with the pAit of the Governor, and the assistance
of a Commission from the Court of Justice ; but that they
initiate with the fiscal, who addresses a letter to the Governor,
stating the necessity of a search, and requesting his Excellency's
f/Uy which in the ordinary course of things is granted upon the
strength of the fiscal's suspicions, when the letter thus fiated
by the Governor is presented by the filscal to the chief justice
or president of the Court, who appoints a Commission, in
whose presence the search is to be performed.
As to the illegal retention of papers, whereby the petitioner
states that his prosecution has been vexatiously protracted,
it has appeared to me that the delay in furnishing the papers
required by the petitioner cannot be construed to have been
wilful, but ought to be attributed to the necessary lapse of
Records of the Cape Colony, 271
time for copying and translating the whole of the papers,
which the petitioner pretended to stand in need of for his
defence, although it does not appear that he made use of them
on his trial.
The greatest delay in the proceeding appears from the
minutes to have been occasioned by the tardy appearance of
a witness, Mr. Staedel living at Uitenhage, whose evidence
Mr. Burnett declared to be indispensable.
Ad § 11.
A sentence of banishment from the colony regularly contains
a clause of imprisonment until an opportunity offers for the
culprit's removal out of the colony. This clause was, as a
matter of course, inserted in the sentence of Mr. Burnett,
passed by two judges ; and from that part of the sentence he
appealed to the full Court, who confirmed the whole of the
sentence. Mr. Burnett's appeal to the full Court suspended
the effect of the first sentence, and he remained consequently
at large ; but having acquiesced in the sentence of the full
Court, without any further appeal, it became the duty of His
Majesty's fiscal to enforce the same, the knowledge of which
obligation made Mr. Burnett keep out of the way until he
found an opportunity to quit the colony without having been
imprisoned in the mean time, which I suppose rather to be
owing to an unwillingness on the part of the fiscal to use the
utmost rigour of the law in a case where there was every reason
to expect that Mr. Burnett would avail himself of the first
opportunity to comply with the principal sentence, than to
any other motive. I at least attributed the non-imprisonment
of Mr. Burnett to that motive, and I truly believe that I
mentioned the circumstance to your Excellency, and that
your Excellency made no unfavourable remark on it.
As to the seizing of Mr. Burnett's papers by His Majesty's
fiscal, I beg to refer to what I stated ad § 10th ; whilst, as to
the particulars, it is to be expected that the fiscal's report will
place this measure in its proper Ught, and show that your
Excellency's caprice had no share whatever in it.
What the petitioner states of nine causes in appeal before
the Court of Justice is entirely erroneous, no appeal lying
272 Records of the Cape Colony,
from the decisions of the Court of Circuit to the full Court, but
only to the High Court of Appeals.
Ad § 12.
Here it may not be amiss to observe that Mr. Burnett,
throughout his petition, has not only not developed the whole
of the circumstances which attended his so called persecution,
but that he even omitted all dates ; which circumstance is the
more remarkable, because by referring to the date of every
circumstance, and Unking by that means the whole regularly
together, Mr. Burnett's case becomes quite the reverse of what
has been asserted in his petition ; and as the documents
containing this information have not been prepared for the
occasion, they may be considered as the best and strongest
evidence that can possibly be adduced.
Ad § 13.
Mr. Burnett could never have selected a more appropriate
example to illustrate the character of the judicial procedure at
the Cape, than the case of Mr. L. Cooke and his own. The
contrast in these cases proves, that a condemnation is not the
inseparable consequence of a reference of the Grovemor of any
case to His Majesty's fiscal for prosecution. Mr. Burnett
assumes, as a cause of a different decision in his case from
what it had been in the case of Mr. L. Cooke, that Mr. Cooke
stood neuter with the colonial government, and that he
himself was unfortunately in a different predicament. But
not a shadow of probability is to be found for such an assump-
tion, and therefore it is but justice to recur to the nature of
the two cases, in which the obvious reason is to be found for
a difference of decision, namely, that the petibion of Mr.
Lancelot Cooke admitted a construction of grievance and
complaint, without an apparent intention to calumniate ; and,
in addition, contained facts which might be made a subject of
previous inquiry : whilst Mr. Burnett's memorial to your
Excellency contained nothing but the most criminating in-
vectives, without even stating facts which could warrant in
any degree a conclusion to them, or in fairness be said to
Records of the Cape Colony, 273
admit a favourable construction. The memorial moreover
having been addressed to the same authority from which Mr.
B. Burnett might have obtained redress through a regular law
proceeding, without expense, and with a right in case of
failure to bring his case before His Majesty in Council, excluded
every idea of his having had no intention to calumniate.
I have &c.
(Signed) J. A. Truter.
[Copy.]
Letter from Mr. William Proctor to Captain Hare.
Dboooe Valley, Cape of Qood Hope, October \2th 1825.
Sir, — In reply to your enquiries as to the result of my
Horse breeding in this Colony, I have to state that on a
reference to my books altho' I purchased eight thorough-bred
mares of Captain Christopher of the Charles Mills, which cost
me £2,500 Sterling, also the three following thorough-bred
stallions, Rhoderick Dhu, purchased of Captain Christopher
for £350 SterUng, a black horse bred by his Grace the Duke of
Rutland and purchased by me of Captain Mortlock of the
Lowther Castle for £400 Sterling, and the other Yappie, pur-
chased from Mr. Martinus Theunissen for 4,500 RixdoUars
(which horse had been imported by His Excellency Lord
Charles Somerset) my profits on Horse breeding have amounted
to one hundred and ten thousand Dollars and my profits from
Yappie alone exceed 29,000 Dollars independent to my having
twenty thorough-bred fillies got by him out of my English
mares. I have now a stallion got by Yappie 3 years old that
I have frequently refused 3,600 Dollars for. The only serious
drawback I have experienced to my undertaking in Horse
breeding has been my attempting to import a thorougii bred
English stallion and two thorough bred EngHsh mares which
my friend Major General Pigott purcha.sed for me in England.
The horse and one mare died on the passage from England
and caused me a loss of £600 Sterling.
xxm. T
274 Records of the Cape Colony.
I have no hesitation in stating that had it not been for my
profit on Horse breeding^ I never could have withstood the
serious losses I have sustained in the other branches of Farming
during the last five years by the visitation of successive Blights,
Tempests, Droughts, &c., &c. I have &o.
(Signed) Wm. Pboctob.
[Office CJopy.]
Letter from Eabl Bathtjbst to Lord Chables Somerset.
Downing Street, London, \Wh October 1825.
My Lobd, — I have the honor to acquaint your Excellency,
in answer to your dispatch of the 13th July last, that in in-
structing you to assist the Scottish Community resident at
the Cape, in building their proposed Church, and in providing
for their officiating Minister, it was clearly my intention that
the funds requisite for these purposes should be provided out
of the Treasury of the Colony. I have &c.
(Signed) Bathtjbst.
[Copy.]
Letter from Db. James Babby to Lobd Chables Somebset.
Oeldber l^th 1825.
My Lobd, — Having been this morning informed by Sir
Richard Flasket of an arrangement that is proposed for the
future Estabhshment of the Department that has hitherto
been under my superintendence, I lose no time in requesting
to intimate to your Lordship that it will be impossible for me
to reconcile to my feehngs the acceptance of any subordinate
place in the proposed Establishment, should it have received
your Lordship's approval that such a place should be tendered
to me.
In this event I beg respectfully to tender my resignation of
Records of the Oape Colony, 275
the Civil Situations that I hold under your Lordship's appoint-
ment, and I request to be honored with an early communication
of your Lordship's final Intentions, and before they are made
Public, in order that I may decide on the arrangements that
will become necessary under such an alternative. I have &c,
(Signed) James Barry.
[Office Copy.]
Letter from Earl Bathurst to Lord Charles Somerset.
Downing Stbbet, London, I4^h October 1825.
My Lord, — ^I have the honor to acknowledge the receipt of
your Excellency's dispatch of the 18th of July last.
Although under other circumstances, I should be disposed
to sanction the Estabhshment of a Museum of Natural History
at the Cape, yet in the present state of the finances of the
Colony, I should not feel myself at hberty to authorize the
payment of the salary which you propose to assign to Dr. A.
Smith. I have &c.
(Signed) Bathurst.
[Office Copy.]
Letter from R. W. Hay, Esqre., to the Reverend A. Hamilton.
Downing Sikeet, 14 Octcher 1825.
Sir, — ^It being necessary to appoint a clergyman of the
Established Church to the residence of Graham's Town in the
Oolony of the Cape of Good Hope, I am directed by Earl
Bathurst to desire that you will move the Ecclesiastical Board
to submit to his Lordship the name of a person who may be
cluly qualified to fill the duties of that situation. I am &c.
(Signed) R. W. Hay.
T 2
27fi Records of the Cape Colony.
[Copy.]
Letter from the Fiscal to the Secretary to Government.
Ftscal's Office, lith October 1825.
Sib, — ^Having attentively perused the Extract of the Petition
addressed by Mr. Bishop Burnett to the House of Commons
and published in the English Newspapers, to which ffis
Excellency the Governor has directed you to require my
report, and having divided said extract into Paragraphs as per
the annexed Copy thereof, I have the honor to enclose here-
with my Report to each Paragraph. I also would have
annexed Copies of the Documents to which my enclosed
report refers, but as I am informed that it is His Excellency's
intention to forward the same immediately to His Majesty's
Minister of State for Colonial Affairs, I thought it unavoidable
not to incur the delay which may thereby be occasioned, and
I will therefore take the next following opportunity to forward
these Documents to you. I have &c.
(Signed) D. Dbnyssbn, Fiscal.
[Enclosure in the above.]
Report of the Fiscal to the annexed Extract from Mr. B.
Burnett's Petition to the House of Commons.
§ 1-
The Letter I received from the Colonial Secretary's Office
about the end of the year 1823 on the subject of Mr. B. Burnett's
Memorial to His Excellency the Governor was acted upon by
me imder the impression that the calumnious assertions against
the Commission of Circuit which had its session at Albany in
the year 1823, contained in Mr. B. Burnett's said Memorial,,
made him subject to my Criminal prosecution.
The Procurator General has been instructed not to institute
any Criminal Proceedings merely in obedience to the Orders
given him by any of the PoHtical Authorities in the Colony,
but to act upon his own persuasion and legal knowledge, and
Records of the Cape Colony. 277
therefore I would always have thought it my duty-iio decline
acting upon any such directions from Grovemment as had been
considered by me incompatible with the Laws of this Colony.
§2.
I do not think it requisite to show the incorrectness of Mr.
B. Burnett's assumption that no Dutch decree, nor any
Summary Enactment of a Cape Proclamation, should be
applicable to his case ; nor do I pretend to deny that in my
prosecution of Mr. B. Burnett's case I have referred to the
Roman Law, knowing that the Roman Law is subsidiary to
the Laws of the late United Netherlands Provinces and to the
Statutory Laws of East India still in force in this Colony ; but
I cannot help feeling some surprize at Mr. Burnett's very
extraordinary quotations from the Roman Laws. The Laws
of the 10 Tables quoted by him are unknown to me, and if he
has alluded to the Laws of the 12 Tables passed by the Roman
Decemviri more than four Centuries before the Christian era,
it may not be improper to observe that the Roman Laws
referred to by me, and which I only could refer to as sub-
sidiary to the Laws of this Colony, are the collection of Laws
compiled by Order of the Roman Emperor Justinian, and
sanctioned about one thousand years after the promulgation
of the 12 Tables.
Tn this collection Mr. B. Burnett will find on proper inquiry
that calumny is a crime punishable with Banishment for a
time or other discretionary pains, according to the greater or
less atrocity of the case (See Pandects Lib. 47, Tit. 10, Lex 45)
and that this crime is punishable, should even the same have
been committed in or under the cover of a Memorial or Petition
to the Sovereign (See Pandects tit. cod. 1. 16, § 29).
§3.
The protraction of his case complained of in this paragraph
is partly owing to the conduct of Mr. B. Burnett, which will be
proved by his own correspondence, and partly to unavoidable
circumstances, and as to the retention of Papers necessary to
his defence not being in any way concerned therein, I trust
the Secretary of the Court of Justice will be able satisfactorily
to explain the circumstances relating to such detention ; and
278 Records of the Cape Colony,
I am not prepared to form a just opinion of the value of these
papers as a means for his defence, the same not having been
produced by him in the proceedings.
But the principal complaint contained in this Paragraph to
which Mr. B. Burnett has directed the attention of the House
of Commons is what he calls the invasion of his house by H. M.
Fiscal and attendants, under the sanction of His Excellency's
Warrant, and the seizure of his Papers for the avowed purpose
of impUcating him in the publication of a foul charge against
His Excellency.
Mr. Burnett in making this complaint alluded to the authority
which has been granted me by His Excellency's Warrant of the
7th June 1824 to search his dwelhng on the very strong sus-
picion, which then existed, and never was removed from my
mind by any act of justification on his part, that he was con-
cerned in the making and pubhshing of that infamous placard
which even in his petition to the House of Commons he could
not help mentioning with the sarcastic style of a Person who
dehghts in such productions of the most depraved minds.
The authority which I thus obtained did not originate in
any wish expressed to me by His Excellency the Governor,
but application was made by me to His Excellency to obtain
the same, and my application was founded :
1st. On the Sworn Evidence of three Persons, proving that
the Placard had actually existed and had been published by
posting it on one of the most frequented public places of this
Town.
2nd. On my discovery of a Similar Placard, though not so
virulent, against the Medicine Doctor Barry and other Indivi-
duals being of the very well known handwriting of Mr. Bishop
Burnett. Copies of that other Placard not dissimilar in form
and writing to the Placard in question (whereof a description
was made in the Court by one of the Witnesses who saw the
same stuck up on the Bridge opposite his dwelhng) had been
found at more than one public Place in Cape Town, two or
three days before the publication of the placard in question.
The Copy which I now allude to was found by me in a portf oho
among other papers in the possession of William Edwards,
who then was confined in the Town Prison, and it is very
remarkable that the same was written on the back of a Sheet
I
Records of the Cape Colony, 279
of paper on which I also found the Copy of one of Mr. Edwards'
publications for which he has been tried and Sentenced by the
Court of Justice to transportation.
3rd. On the Sworn Evidence of Daniel Lee, who accused
Mr. B. Burnett not only of accomplicity in the making and
publishing of the libel in question, but also of having suggested
to his Friends Messrs. Edwards and Greig the idea of sending
a Copy of it to Lady Charles Somerset in a Letter.
Having obtained His Excellency the Governor's Warrant to
effect a Search in Mr. B. Burnett's dwelling with the avowed
object to lay my hands on the drafts or on a Copy of the
Placard in question, I did not fail to pass through the usual
formality of obtaining the Court's Authority for the assistance
of Commissioned Members of the Court. I then went to the
House of Mr. Lucas where Mr. B. Burnett had taken lodgings,
attended with one or two Commissioners of the Court, and in
effecting the intended Search I believe that I have acted with
a proper degree of moderation and forbearance, although I
very well recollect the conduct of Mr. B. Burnett was bordering
on violence. I did not seize, but I examined his papers, and
not finding any draft or Copy of the Placard in question, I
allowed Mr. B. Burnett to remain in the possession thereof.
§ *•
The reason which obliged me to leave Mr. B. Burnett at
large during his appeal from the Sentence of two Commissioners
of the Court to the full Court was the Appeal itself, by which
the Sentence of Commissioners was suspended in its operation.
§ 6, 6 & 7.
The first of these Paragraphs relates to three libellous
writings composed in verse, and stated to have been composed
by Mr. B. Burnett, whereof Copies were produced to me on
the 18th November 1824 by Mr. D. P. Tailor, then acting as a
Notary Public in this Colony. One of these libellous writings
was strikingly intended to vilify the Character and public
Conduct of His Excellency the Governor, and to spread
distrust against his administration and dissatisfaction among
the Inhabitants. The other to brand the Memory of the late
deceased President of the Court of Justice, Mr. W. S. van
280 Records of the Cape Colony,
Ryneveld, and the third one to ridicule Mr. H. Rivers, then
Landdrost of Albany, now of Swellendam. According to Mr.
Tailor's statement they were all copied by his wife from the
originals which were lent to him for that purpose by Mr.
Bishop Burnett, who had acknowledged to him to be the
author of the same, and it was in consequence of his said
information that I obtained His Excellency the Governor's
Warrant to search the dwelling of Mr. B. Burnett. I did not
fail again to pass through the usual formaUties, and went on
Friday the 29th November 1824, accompanied with a Com-
missioned Member of the Court of Justice, to the house of
Mr. Poultney, where I again examined the papers of Mr. B.
Burnett, who lived in that house. In making my search I
succeeded to find a Copy of the libel against Mr. Rivers,
which though acknowledged to be of Mr. Burnett's composition,
was denied by him to be a libel. No Copies of the other
libels were found by me.
The case of Mr. B. Burnett for libel against the late Com-
mission of Circuit having been decided in appeal about the
same time, I might have commenced a new prosecution against
Mr. B. Burnett for libel, but knowing by experience that the
prosecution for libel not unfrequently defeats its own object,
by giving importance and publicity to what had better be
disregarded and left to oblivion, I did not think it adviseable
to commence such prosecution, and I therefore gave orders
for the arrestation of Mr. B. Burnett according to his con-
demnation.
This however he evaded by seeking concealment, which has
been acknowledged by himself in his petition to the House of
Commons, and as the object of his arrestation could be no
other but thereby to enforce his compliance with the sentence
of banishment, I avoided making application to His Excellency
for searching the dwellings of such Persons as could be sus-
pected to assist him in his said concealment, and at last having
* discovered through the information of Mrs. Burnett that he
had taken passage in one of the ships anchored at Table Bay,
and having procured certain proof that he had actually
embarked, I did not think it requisite to take any further
measure for enforcing his condemnation. If this is to be
called the instrumentality oif the Fiscal, it certainly can bear
Records of the Cape Colony. 281
no other reasonable construction than that I have been instru-
mental in seeing that the condemnation of the Court of Justice
was duly complied with, and at this or any other period in
the course of my prosecutions I did never allow myself to be
guided by the Caprice of a Governor ; although I felt myself
in duty bound to assist in the prosecution of the public
Character of His Excellency against the wanton and malicious
assaults of such Persons as Mr. B. Burnett has unfortunately
proved to be one, and not to suffer them to prepare the minds
olthe Inhabitants to that state of convulsion and fomentation
which at last might prove detrimental to the peace and
tranquillity of this Colony.
(Signed) D. Denyssen, Fiscal.
[Copy.]
Letter from Lord Charles Somerset to Dr. James Barry.
GovEBNMENT HousE, Cafe Town, \4Ah October 1825.
Sir, — ^In answer to your letter I feel it necessary to state to
you what has precisely taken place with regard to the Medical
Inspectorship.
The very improper language in which you couched your
official communications, and the imputations you unsparingly
and unreservedly cast upon Officers of this Government, so
greatly embarrassed the Government, that Sir Richard Flasket
felt it his duty to submit to me the expediency of restoring
the Medical Committee. I observed that it would be certainly
beneficial, and that the only obstacle was my apprehension
that it might hurt your feelings, as Dr. Arthur must be a
Member, and as you were a Military Officer, of course he must
take place of you. Sir Richard Flasket observed that he had
already apprized you that if you continued to write in that
strain, the consequence would be that a Committee must be
appointed, to which you repUed that provided it was composed
of respectable persons you should have no objection, and this
is corroborated by your Official Letter of the 10th Instant.
As Sir Richard however conceives from his conversation
with you yesterday, that you impute to him personal motives
282 Records of the Cape Colony,
of hostility towards you in the proposed arrangements, which
I can venture to assert he has not, and does not entertain, I
shall at his request submit the whole of the correspondence
that has taken place, as above alluded to, for the consideration
and decision of Council. I have &c.
(Signed) Chables Henby Somerset.
[Copy.]
Letter from Lieutenant Rutherfurd to J. Fleck, Esqre.
Government House, \iih October 1825.
Sir, — A petition having been presented to the House of
Commons from a person named B. Burnett, containing the
f oullest accusations against His Excellency the Governor, I am
directed by His Excellency to transmit to you an Extract from
that petition, relative to the case of Durr in Appeal, and also
relative to the purchase of an English Breeding Horse from
His Excellency about seven years ago.
As the purchase of the Horse was made by yourself, as the
Trustee or Executor of the Estate, or with your knowledge, I
have to request that you will have the goodness to call to your
recollection the circumstances of the purchase and to state the
correctness or incorrectness of the allegations made by the
Petitioner.
You will have the goodness to state,
1st. The price given for the Horse, and 2nd whether the
purchase took place prior to the decision of the Court of
Appeals as stated by the Petitioner.
3rd. Whether the horse did not serve the mares of the
Estate at Mr. Durr's place at Braak Fontein one complete
season after he was purchased, and whether His Excellency
did not permit another English Stallion to serve the mares of
Mr. Durr's estate the following season gratis^ in consequence of
his misfortune in losing his horse after one season.
I have &c.
(Signed) James H. Rutherfurd,
Acting Private Secretary to H. E. the Governor.
Records of the Cape Colony. 283
[Cape Town Gazette,]
Arrival of the Steam Pa>cket,
Friday, October lith, 1825.
We have at length the pleasure to announce the safe arrival
of the Enterprize Steam Vessel, Capt. Johnston, from Gravesend
the 3rd, and Falmouth the 16th of August. This interesting
event occurred at an early hour yesterday morning. Signal
having been made soon after daylight, that she was standing
into Table Bay, a vast concourse of persons assembled on
Green Point, and at other places from whence a view of the
Bay can be obtained. The wind being light, from the south-
ward and westward, the vessel steamed to her anchorage in
magnificent style, under a salute from the Castle, which was
returned by the Enterprize lowering, and immediately re-
hoisting, her colours, and subsequently on passing near the
shore, by manning her rigging, and giving three cheers.
We cannot but congratulate the Public upon this additional
triumph of Art and Science over the Elements : for although
the voyage has not been accomplished in the short period
originally anticipated, yet we have every reason to suppose,
that whatever wants or defects may have been discovered, will
be supplied or remedied in future ; and we may confidently
hope, that this mode of communicating with India will ulti-
mately succeed, to the extent of every reasonable expectation.
We have been favoured with some particulars of the voyage,
and what we conoeive a most interesting document, an Abstract
of the Ship's Log, which our Readers will find in the colomns
of this Day's Paper. The greatest distance accompUshed in
any 24 haarsj was 190 miles, on the 10th of October, performed
not by steannng, but by sailing. The greatest distance in
the same time by steaming, was 169 miles, on the ^d ci
September.
The voyage occupied 57 days, during only 35 d which the
engines were employed ; and three days were passed at anchor
at the Idand of St. Thomas.
The Paflsengers, we miderstand, speak in the hig^iait tennii
of the ability of the Commander, the Engineecs, and the Crew
284 Hecards of the Cape Colony.
of the vessel ; and we hear that no inconvenience arises from
extraordinary heat, noise, or motion. The accommodations
are of the first description.
[Office Copy.]
Letter from Eabl Bathurst to Lord Charles Somerset.
DowNiKO Street, London, 15^^ October 1825.
My Lord, — I have had the honor to receive your Excel-
lency's dispatch of the 26th July last, enclosing a Memorial
addressed to you by the principal persons in the Colony
connected with the Wine Trade, together with your Excel-
lency's answer to it.
As the reduction which was made during the last Session of
Parliament in the duty on Cape Wine imported into this
Country, was fully considered by His Majesty's Government,
and determined upon after hearing all the reasons which could
be urged in favor of a further reduction, either by the Inhabi-
tants of the Colony or by those Merchants resident here, who
are more immediately connected with the Trade to the Cape ;
I can only express my regret, that I can hold out no expectation
to your Excellency that any arrangements will, for the present
at least, be made here for meeting the wishes of the Memo-
riaUsts. The Growers of Wine in the Colony should be made
fully aware, that it is not by any further Concession which
could be made to them by His Majesty's Government, but by
attending to the improvement of the quality of their Wine,
that their industry will receive the most effectual support.
At the same time I beg leave to acquaint your Excellency,
that I shall be ready to give my sanction to any local arrange-
ment which j/ou may be enabled to devise for relieving this
important branch of Colonial Agriculture ; and I must leave it
to your Excellency in Council to decide whether this object
may not be accomplished by reducing the Export duty, more
particularly that which is levied in the Wine Taster's Office,
an Establishment which appears to me more calculated for the
regulation of the internal consumption of that article, than
Records of the Cape Colony. 285
either useful or necessary in promoting the exportation of it.
But if you should be of opinion that such an arrangement
could not be made without exposing the Colonial Revenues to
great loss, and consequently without levying some duty of a
corresponding amount on .Nicies of foreign growth, it will be
necessary, before I can grant my sanction to such an arrange-
ment, that you should furnish me with such detailed informa-
tion as would enable me to consult with the Board of Trade on
the subject. I have &c.
(Signed) Bathurst.
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst.
Cafe of Good Hofe, ISth Ociaber 1325.
Mt Lord, — I have most sincere satisfaction in announcing
to Your Lordship the safe arrival in Table Bay of the Steam
Packet Enterprize, Lieutenant Johnston, B.N., Commander,
without having met with the slightest accident on her voyage.
Although she has not answered the general expectation in
regard to expedition, it appears to have arisen from causes
which can be obviated in future, particidarly the not having
formed depots for the supply of Fuel at intermediate Stations
between England and this place, and the necessity of more
minute attention to correct her Trim as she is lightened by the
consumption of coals, which the Captain informs me can be
effected on her return Voyage. Upon the whole there appears
no doubt that the Experience afforded by this voyage will in
future ensure' the success of this great undertaking. Your
Lordship will find in the accompanying Gazette the account of
her arrival here and an Extract from her Log. I have &c.
(Signed) Charles Henry Somerset.
286 Records of the Cape Colony.
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst.
Cafe ot Good Hope, 16^^ October 1825.
My Lord, — I have the honor to inform Your Lordship that
I have this day transmitted to the Lords Commissioners of His
Majesty's Treasury by His Majesty's Ship Espiegk, Captain
Wray, the accounts of this Government for the year 1824.
I have &c.
(Signed) Charles Henrt Somerset.
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst.
Cape ot Good Hope, 15 October 1825.
My Lord, — With reference to your Lordship's two De-
spatches relative to certain complaints made against this
Government by Mr. Bishop Burnett, I have the honor to
transmit to your Lordship a Copy of the Trial of that Lidividual
for a Libel on the Court of Circuit, in consequence of which he
was condemned by the Court of Justice to Banishment from
the Colony for the term of Five Years.
That part of the Case which your Lordship has directed
should be referred to the consideration of Council has been
brought before it, but no decision can be come to upon it until
Documents to enable it to decide shall be received from the
Frontier. I shall lose no time in transmitting the result to
your Lordship as soon as it shall have been disposed of in
Council. I have &c.
(Signed) Charles Henry Somerset.
Records of the Cape Colony, 287
[Original.]
LeUer from Lord Charles Somerset to Earl Bathurst.
Cape of Good Hope, 15^^ October 1825.
My Lord, — In conformity to a request made through the
Landdrosts and Heemraden of this and the neighbouring
District (Stellenbosch) I have the honor to transmit to Your
Lordship petitions addressed to His Majesty, received this day,
signed by all the most respectable and independent Inhabitants
of the two Districts, in consequence of having read in the
Colonial Journals the reports of the Debates in the House of
Commons of the 16th and 22nd of June last.
I presume also to take the hberty of submitting to Your
Lordship addresses to me presented through the same channels.
I have &c.
(Signed) Charles Henry Somerset.
[Enclosure 1 in the above.]
To His Excellency the Right Honorable General Lord Charles
Henry Somerset, Governor and Commander in Chief at
the Cape of Good Hope, &c'., &c., &c.
We the undersigned Inhabitants of the Cape of Good Hope
having perused in the reports of the debates in June last in the
Commons House of Parhament a Petition presented to that
House from Mr. B. Burnett reflecting most unjustly on Your
Lordship's character, and perceiving that the leading Members
of the Cabinet had informed the House that leave of absence
to return to England would be placed at Your Lordship's
option, we are impelled by a just indignation excited by the
calumnious and unfounded attack made on Your Excellency,
and a sense of the serious and calamitous consequences that
await us should Your Excellency avail yourself of the indul-
gence intended to be placed at your discretion to implore Your
Excellency not to quit, even for a short space, a Colony in the
guidance of whose affairs Your Excellency has justly endeared
yourself to the heart of every well-disposed and loyal Colonist.
288 Becards of the Cape Colony.
We are anxious My Lord to embrace this opportunity to
express to your Excellency our sense of the advantages we have
derived and the happiness we enjoy under Your Lordship's
wise and beneficent Government, and to offer our warm and
unfeigned attachment to Your Lordship's person and our
veneration and esteem for your Pubhc and Private Character^
founded on long tried and intimate acquaintance with them.
Could we anticipate any injury to Your Excellency by a
compliance with our request, we would readily waive our own
interests and sacrifice them to those of Your Excellency, but
we feel confident that Your Excellency's actions and measures
need only to be truly stated to be approved. We therefore
unhesitatingly repeat our prayer that you will not leave us.
Anxious however to avail ourselves of every measure which
can conduce to Your Excellency remaining with us, we have
ventured to address a petition to His Most Gracious Majesty,
and whilst we solicit Your Excellency's indulgence to thds
feeble testimony of our attachment to Your Ijordship, we
entreat that you will cause it to be speedily transmitted to the
King with whatever else may be requisite to ensure the anxious
wishes of
Your Lordship's most faithful, most obedient and most
humble Servants,
(Signed) A. van Breda (Boahoff)
D. G. VAN Rebnen (Rhenoster Fontein)
D. VAN Reenen, D.G.z. (Brewery, Cape
District)
E. Buyskes (Onderschuur, Cape District)
W. Versfeld (Qasenbosch, Wynberg, Cape
District)
J. J. KoTZE (Blaauwberg, Cape District)
F. J. Becker (Goed Geloof, Cape District)
Joseph Barry (Port Beaufort)
Thomas Frederik Dreyer (Alphen, Cape
District)
W. F. VAN Reede van Oudtshoorn (Witte-
boomen, Cape District)
J. P. Cloete (Great Constantia, Cape District)
J. N. CoLYN (Constantia, Cape District)
Records of the Cape Cohny. 289
J. G. Cloete (little Constantia, Gape District)
R. A. M. Cloete (Buiten Verwagting)
Daniel Russouw (Steenberg)
P. M. Eksteen (Tokai, Cape District)
IzAAK VAN Reenen, S.B.z. (\^tteboomen.
Cape District)
J. VAN Reede van Oudtshoorn (New Con-
stantia, Cape District)
H. O. Eksteen (Bergvliet, Cape District)
D. G. Eksteen (Kerstenbosch, Cape District)
H. Cloete, Rson (Mount Pleasant, Cape
District)
J. P. L. Cloete (Westervoord, Cape District)
J. P. D» ViLLiERS, Json (Idbertas, Stellen-
bosch District)
J. G. MuNNiK (The Hope at Rondebosch)
H. Cloete, Hson (Eklenburg, Rondebosch,
Cape District)
J. W. Eksteen (Zorgvliet, Cape District)
W. A. VAN ScHOOR (Rondebosch)
J. R. LoTJW (Soeten Valley at the Paari)
J. W. Lutgens (Molenvliet)
W. DucKiTT (Orange Fountain, Cape District)
J. NAS Reenen (Ganzekraal, Cape District)
J. G. Frank van Reenen (Kammelks Foun-
tain, Cape District)
T. VAN ScHALKWYK (Papcukuyls Fountain,
Cape District)
Dk. Slabbert (Long Fountain, Cape District)
J. J. Kotze, Jr. (Bonteberg, Cape District)
D. VAN Reenen (Yzerfontein, Cape District)
S. J. VAN DER Spuy (Kocbcrg, Cape District)
S. S. Lombard (Koeberg, Cape District)
N. Mostbrt (Koeberg, Cape District)
M. DE KocK (Koeberg, Cape District)
A. S. GoBREGTS (Koeberg, Cape District)
A. DE Waal (Cape District)
C. DE Waal (Cape District)
J. S. Kbyzer (Cape District)
D. G. Trutbr (Cape District)
u
290 . Records of the Cape Colony,
A. J. Lotrw, Json (Fieldcomet Cape District)
J. A. VAN Breda (Cape District)
M. J. VAN DER Spuy (Cape District)
S. J. VAN DER Spuy (Cape District)
L. P. VAN SiTTERT (Cape District)
N. W. LouBSCHER (Cape District)
* Pbtrus Louw (Koeberg, Cape District)
W, A. VAN NiEKERK (Kocberg, Cape District)
J. A. Lotrw (Fieldcomet Cape District)
Albertus Johannes Myburg (Cape District)
M. L. Neethung, Senior (Tygerberg, Cape
District)
F. LlESCHING
J. H. VAN Eyk
J. W. Lotrw (Tygerberg)
C. MosTERD (Valkenburg)
S. V. VAN Reenen (Constantia, Cape District)
F. DucKiTT (Orange Fountain, Cape District)
[Enclosure 2 in the above.]
May it please Your Gracious Majesty that we the Under-
signed Lihabitants of the Cape of Good Hope humbly approach
Your Royal Person, to lay our earnest Petition at the foot of
that Throne where the voice of distressed Subjects has never
appealed in vain.
Your Majesty's Petitioners have perused with feelings of
great indignation a Petition presented to the Commons House
of Parliament from Mr. B. Burnett reflecting on the Conduct
and Character of His Excellency the Right Honorable Lord
Charles Somerset which threatening (sic in the original) to
deprive them for a time of the able and benevolent Adminis-
tration of their Governor, and that too at a period most
momentous to their best interests and to the prosperity of this
Colony.
Your Majesty's Petitioners humbly beg leave to solicit the
gracious attention of Your Majesty to the present state of this
Settlement, arising not only from Circumstances beyond the
Controul of human sagacity, by which the ^Agricultural interests
have experienced unparalleled Sufferings, but also from the
Records of the Cape Colony. ' 291
agitation of Subjects of vital importance to the safety. and
welfare of the Community, by the late discussions and decisions
on the Questions of Slavery and Colonial Currency.
Although the Prayers of Your Majesty's Petitioners on these
weighty and intricate affairs have been, by His Excellency's
Condescension, already submitted to Your Majesty's Gracious
Consideration, yet in their present state it becomes hopeless to
expect a beneficial result, unless great local information be
combined with talent in the Person of the Governor.
Your Majesty's Petitioners will not presume to intrude by
expatiating on the merits of the Pubhc Acts of Lord Charles
Somerset ; the advantages which have occurred from them
best speak their praise, nor will they trespass by gratefully
dilating on the Fostering and Parental Care which has ever
been evinced by His Excellency to promote and encourage the
true interests and happiness of all Classes of Your Majesty's
Subjects over whom He presides ; Yet they can not refrain
from stating that by His Excellency's impartial administration
of the Laws of this Colony, the dissensions which disturbed the
tranquillity of this Settlement have been speedily subdued,
and harmony again restored to a hitherto peaceful Community.
Had the inscrutable and irrevocable decrees of Providence'
suddenly removed a Guardian so assiduously watchful over
the Literests of this Country, Your Majesty's Petitioners
would have been plunged deep in Sorrow ; but when they
perceive that base Slander and vile Calumny attempt to deprive
them of such a blessing they are emboldened to throw them-
selves at once on Your Majesty's protection and sincerely to
implore that the machinations of a few wicked and malevolent
men be not allowed to blast entirely the hopes of this Colony
by causing for a time the removal of the distinguished Nobleman
whose benevolent measures have greatly alleviated the Misery
with which this Land has been visited, and the purity of whose
Public and Private Character has gained him the Esteem and
affection of all well disposed and loyal Colonists. But on the
contrary, that Justice which has ever emanated from Your
Majesty enables Your Petitioners confidently to anticipate that
the complete refutation of the false and detestable allegations
which have created so much alarm will not only turn to shame
and confusion the maUcious fabricators, but will redouble Your
17 2
292 Records of the Cape Colony,
Majesty's Confidence in His Excellency, who during the long
discharge of the arduous duties of His Station has proved a
Servant faithful and devoted to Your Majesty and to Your
Subjects a benevolent and disinterested benefactor.
And Your Majesty's Petitioners as in duty bound will ever
pray.
[The same signatures to the original document as those to
Enclosure 1.— G. M. T.]
[Enclosure 3 in the above.]
Stellenbosch, October^ 1825.
My Lord, — We the Board of Landdrost and Heemraden of
Stellenbosch, conscious of the many advantages the Colony
has experienced during Your Lordship's arduous administration
of its affairs, rejoice at having this opportunity of transmitting
to Your Lordship the enclosed addresses of their fellow Colonists,
one of which we entreat Your Excellency would be graciously
pleased to forward to His Majesty, expressive of their sense of
Your Excellency's anxiety for the welfare and Interests of the
Colony at large, while it affords this Board at the same time
My Lord an opportunity of assuring Your Lordship collectively
of their increasing veneration and attachment to Your Excel-
lency's person. And trusting that Your Excellency wiU not
find it necessary to go to England, to defend your character
against the calumnious and unjustifiable attacks of discontented
men at a time when the Colony is beginning to feel the benefit
of Your Excellency's measures for its welfare, but that you
will continue to govern among us, for many years to come, is
the humble but sincere wish of those who have the honor to
remain with the greatest respect. My Lord, &c.
(Signed) D. J. van Rynbveld, Landdrost
J. A. Mybubgh
J. P. Roux
A. C. VAN DER ByL
F. Roos
P. C. VAN Blommestein, Secretary.
His Excellency the Right Honorable
General Lord Charles Henry Somerset,
Grovemor and Commander in Chief.
Records of the Oape Colony. 293
[Enclosure 4 in the above.]
To His Excellency the Right Honorable General Lord Charles
Henry Somerset, Governor and Commander in Chief at
the Cape of Good Hope, &c., &c., &c.
We the undersigned Inhabitants of the extensive and
populous district of Stellenbosch, having observed with
astonishment and regret the calumnious attacks that have
been made upon Your Excellency's character in the pubUc
Prints of England in reference to Your Excellency's Govern-
ment in this Colony, beg leave to approach Your Excellency
with every feeling of respect and to state :
1st. That during Your Excellency's administration we are
convinced that it has ever been Your Excellency's constant
wish and endeavour to promote the welfare of the Colony by
every means in your power.
2nd. That it has ever been Your Excellency's anxious desire
that Religion and moral Instruction should flourish in the
Land, and which is connected with the immediate and moral
happiness of every Individual in it, the various Seminaries of
Instruction established in different parts of the Colony but too
clearly speak the kind and benevolent feelings that pervade
Your Excellency's breast.
3rd. That we never can forget the measures Your Excellency
was pleased to adopt to support us in times of difficulty and
danger against the evil machinations and disposition of our
Slaves, when alarming insubordination and even Murders were
threatening ruin to the Land, and which through Your Excel-
lency's paternal wisdom and care have happily terminated in
tranquiUity and peace.
4th. That it would be impossible for us to do justice to all
the various measures of Colonial improvement which have
arisen and emanated from Your Excellency's Government,
particularly by the introduction of the English bred Horses
here, the great attention you have bestowed and the support
you have invariably given to the Wine and Agricultural
Interests, the opening communication with the Interior by the
improvement of the Roads, and your unceasing desire to
ameliorate, without affecting property, the State of Slavery
in the Colony.
294 Records of the Cape Colony.
Lastly. That observing with feelings of regret the pro-
bability of Your Excellency being obliged to abandon the
Crovemment of this Colony (we only hope for a time) to defend
your character against the slanderous attacks of malicious and
ill designing men, we are anxious to embrace this opportunity
to express however feeble our sense of the many advantages
we have enjoyed under Your Excellency's kind and benevolent
Government, and that we should be ungrateful were we not to
make this public acknowledgement of them, and we beg to
express our unfeigned esteem and attachment to Your Excel-
lency's Person.
Finally trusting that Your Excellency may not feel it
necessary to leave us, but be spared yet to govern among us
for many years to come, we have to subscribe ourselves,
Your Lordship's most faithful, most obedient, and most
humble Servants,
(Signed) P. J. van dee Byl (Eerste River)
J. D. Hugo (Stellenbosch)
J. M. VAN NiBKBBK (StcUenbosch)
D. J. VAN Rynevbld
A. T. DU ToiT (Stellenbosch)
P. C. VAN Blommbstein
F. R. Nbbthling (Stellenbosch)
/ C. L. Wykbrd (Stellenbosch)
P. J. Wessels (Joostenberg)
S. J. Cats (Stellenbosch)
J. A. Cats (Stellenbosch)
Ph. a. de Vos (Stellenbosch)
A. F. FiCK (Stellenbosch)
P. A. Mybuegh (StellenlDosch)
P. S. Cats (Stellenbosch)
A. B. DE ViLLiERS (Paarl)
J. F. G. Pibtbrsen (Stellenbosch)
G. G. LiNDBNBBRG (Stelleubosch)
Jacob Eksteen (Stellenbosch)
D£. Brink (Stellenbosch)
J. A. MiNNAAR (Stellenbosch)
H. J. Neethling (Stellenbosch)
P. G. Neethling
Becords of the Cape Colony. 295
J. D. DB ViLLiBRS (Ydas Valley, Stellenbosch)
P. H. KuPYERS (Stellenbosch)
W. B. Rowan
D. J. Rossouw (Wagenmakers Valley)
H. 0. EsTERHUYSBN (the place Onrust)
Marthinus Beyers (the place Uitkyk)
Ryk Hendrik Myburgh (the place Elsen-
burg)
H. Cloete, D. son (the place Mariendal)
Christ. F. Beyers (the place Hassenburg)
J. A. Beyers (the place Klygat)
G. J. JouBERT (the place Krommenek)
MiCHiEL DE KocK (Coclcnhof )
J. BosMAN (the place Welgelegen)
P. Fischer (Bottelary)
P. A. Cloete
A. C. Cloete, D. son
P. VAN DER Byl (Eerste River)
H. Vos, H. son (little Paradys, Eerste River)
P. A. Myburgh (Kars River)
P. J. Marais (Wolvedans)
J. A. Myburgh (Eerste River)
P. Briers (Stellenbosch)
P. Watney (Klapmuts)
D. Beyers (Klapmuts)
N. VAN DE Graaff (Stellenbosch)
G. Knoop (Stellenbosch)
M. DE Wet (Stellenbosch)
C. Wege (Stellenbosch)
A. Wege (Stellenbosch)
G. Hartman (Stellenbosch)
JoHAN VAN Blommestein (Stellenbosch)
Ph. DE Vos, H. son (Stellenbosch)
J. H. VAN Blommestein (Stellenbosch)
Jac6bus O. van Niekerk (Fieldcomet Mos-
selbanks River)
H. C. VAN Niekerk, J. son (Commandant,
Blaauwebloemetjes Kloof, District of
Stellenbosch)
MiCHiEL DE Beer
^
296 Records of the Cape Colony.
J. H. VAN NiEKERK
O. T. VAN NiEKERK, H. 80n
J. J. DE Beer
S. V. VAN NiEKERK (Oliphants Fountain)
N. G. MosTERT, F. son (Klipheuvel)
William Proctor (Drooge Valley, District
Stellenbosch)
H. H. van NiEKERK (Mosselbanks River,
District Stellenbosch)
J. D. Etzard Grimbeek (Fieldcomet at
Zwartland and owner of the places Zout-
fontein and Nooitgedacht)
Jacs. Myburgh, J. son
H. J. VAN DER Sfuy (Paarl Diamant)
D. Cloete (owner of the places Nooitgedacht,
Dekkersvalley, Vryburg and twee Welte-
vredens, Mossel River, Woest Arabia,
Baviaans Fountain, and Droogekloof )
G. H. DE Wet (owner of the place Rustenburg)
C. J. FiCK (owner of the place Schoongezigt
at Jonkers Hoek)
M. H. VAN DER Spuy (Stellcnbosch)
Ml. C. a. Neethling, F. son
J. H. Neethling, M. son (Place the Kuilen)
H. Rath (Stellenbosch)
D. P. DE ViLLiERS (places Zeven River,
Dwarsriviershoek, Koesters Valley, and
Rietkuil Banghoek)
P. N. Rossouw
Revd. F. J. Herold (Paarl)
Johannes J. du Toit (Paarl)
Arend Wahl (Paarl)
Robert Shand, M.D.
Abr. Izaak DE ViLLiERS, P. SOU (Paarl)
J. M. Enslin (now living at Great Draken-
stein)
H. R. DE Vos (the place Groot Verwagting,
situate at Hottentots Holland)
J. A. HuRTER (the place Velbryers Moole at
Hottentots Holland)
Records of the Gape Colony. 297
The Churchwardens of Somerset, Hotten-
tots Holland
J. Spyker, Minister
By command of the Board of Church-
wardens
H. Hendriksz, Deacon, Scriba
P. H. MoRKEL (the place Morgenster at Hot-
tentots Holland)
H. Hendriksz (the place Land and Sea light
at Hottentots Holland)
W. Morkel (the place Voorburg, Hottentots
HoUand)
P. G. Myburgh (the place Paarl Valley at
Hottentots Holland)
WoxjTER DE Vos, D. son (the place Paarde
VaUey)
WiLLEM Morkel, D. son (the place Welge-
gund)
H. J. Morkel (the place Onverwagt)
D. J. Morkel (the place Bomen)
G. M. DE Villiers (the place Harmonic)
Arend Loedolff (the place Zeemans Hoop)
M. W. Thexjnissen, Jr. (the place Vrede en
Hoop)
J. R. Mostert (District's Instructor at Somer-
set)
J. G. Brink, J. son (Hottentots Holland
Kloof)
Needham & Evans (Goedverwachting)
J. Gadney (Hottentots Holland)
Daniel Malan, D. son (in Somerset village)
Will. F. Thompson (English Teacher at
Somerset)
Francois Roos, J. son (owner of the place
Coetzenburg at the Eerste River)
J. A. Myburgh, Senior (owner of the places
Meerlust at the Eerste River, Nooitge-
dacht, Klipfontein, Vergelegen, and
Vogelrivier)
C. VAN DBR Byl (owner of the Old Mill)
298 Records of the Cape Colony.
J. A. Madeb
P. Roux, J. son (owner of the places Vreden-
burg at the Eerste River, Bergshoop,
Uitkomst, and Hermanns Heuvel)
J. P. DE ViLLiERS, J. son (owner of the place
Libertas at the Eerste River)
A. F. DE ViLMERS, J. son (owner of the place
Doombosch at the Eerste River)
Christ. Ackerman (owner of the place Welge-
vallen at the Eerste River)
C. J. Briers (owner of the place Kromme
River)
W. D. Hoffman (owner of the places Berg-
zigt and Matjes Kuil)
O. M. Berq, M. son
A. P. Cloetb, R. son (owner of the place
Schoongezigt in the district of Stellen-
bosch)
A. J. VAN CoLLER (owncr of a House and
Premises at Stellenbosch)
J. T. Kriel (owner of a House and Premises
at Stellenbosch)
J. G. MxcHAXJ, J. son (Stellenbosch)
C. Albertyn (owner of the place at the Road)
G. C. Immelman (Sanddrift)
J. H AMMAN.
[Enclosure 5 in the above.]
May it please Your Gracious Majesty, that we the Undersigned
Inhabitants of the Cape of Good Hope humbly approach
Your Royal Person to lay our earnest Petition at the foot
of that Throne where the voice of distressed Subjects has
never appealed in vain.
(The first four paragraphs are identical with those in En-
closure No. 2. In the following paragraph there are some
alterations).
Had the inscrutable and irrevocable decrees of Providence
suddenly removed a Guardian so assiduously watchful over
r
Records of the Cape Colony, 299
the interests of this Colony, Your Majesty's Petitioners would
have been plunged deep in Sorrow, but when theyj^ereeive
that attempts are making to deprive them of such a blessing,
they are emboldened to throw themselves at once on Your
Majesty's Protectionand sincerely to implore, that the machina-
tions of a few discontented men be not allowed to blast entirely
the hopes of this Colony by causing for a time the removal of
the distinguished Nobleman whose benevolent measures have
greatly alleviated the misery with which this land has been
visited, and the purity of whose PubUc and Private Character
has gained him the Esteem and affection of all well-disposed
and loyal Colonists. But on the contrary, that Justice which
has ever emanated from Your Majesty enables your Petitioners
confidently to anticipate that the complete refutation of the
allegations brought against His Excellency, will not only turn
to shame and confusion the Authors, but will redouble Your
Majesty's Confidence in His Excellency, who during the long
discharge of the arduous duties of His Station has proved a
Servant faithful and devoted to Your Majesty and to Your
Subjects a benevolent and disinterested benefactor.
And Your Majesty's Petitioners as in duty bound will ever
pray.
[The same signatures — ^in original — ^as to Enclosure No. 4. —
G. M. T.]
[Original.]
Letter from Major General Bourke to B. W. Hay, Esqre.
75 WiMPOLB Street, October 16, 1826.
Sir, — I beg leave to inform you that I went yesterday to
Chatham to ascertain what accommodation was to be provided
for myself and family, my Aides de Camp and Servants, on
board H.M.S. Bairibow. I was shown about 35 feet in length
by about 5^ in breadth on each side of the main deck, which
the People of the Dockyard were dividing into three Cabins at
a side, in each of which is to be placed one 32 lb. Carronade
on its carriage, occupying nearly one half of the space, and
rendering the remainder almost useless for the purpose of
sleeping accommodation.
300 Records of the Cape Colony.
On communicating Tvith Commissioner Cunningham he
informed me that there was no other room on board the
Rainbow applicable to the accommodation of Passengers, and
that it would not even be possible to remove the Guns from
the Cabins, as there was no place to stow them away.
The Commissioner stated that the Cabin allotted to the
Captain was not more than sufficient for his own use and the
entertainment of his Officers and private friends, and that he
declined giving up any part of it for the particular or general
use of Passengers, by which I understand that no table can be
kept for my family on board. The Commissioner added that
in his opinion it was not possible to make any arrangements
in such a ship for providing comfortable or decent accom-
modation for the Persons intended to be sent on board.
Under these circumstances I trust Lord Bathurst will not
require me to embark in the Rainbow, I beg to assure you
that in order to meet his Lordship's wishes I would willingly
encounter inconveniences and privations to which officers of
my rank in His Majesty's Service, and holding the Commission
with which I have been honored, are not usually called upon
to submit to ; but in the case now respectfully laid before you
the difficulties appear to me to amount to an impossibility.
I have &c.
(Signed) Richd. Boxjrke, Major General.
[Copy.]
Letter from Mr. J. E. Ford to the Private Secretary to the
Governor,
Cafe Town, 15^^ October 1825.
Sir, — I have perused Mr. Jarvis's letter which you did me
the honor to enclose to me, and beg to inform you that Mr.
Bishop Burnett entered his name with Mr. Bailie's party
when we were about to leave England in 1819.
A Committee was chosen for the management of that party,
of which I was a member, and on one of our Meetings Mr.
Records of the Cape Colony. 301
Burnett (who was not a member) desired to be admitted,
which was refused, he repeated his demand in a manner so
peremptory and rude that it was thought a man of so turbulent
a disposition would be disagreeable to the whole party, and it
was therefore determined that the amount he had paid as
deposit should be returned to him, which was accordingly
done the following day, and he was informed by Mr. Bailie
that he was ho longer to consider himself as one of the party.
The amount he had paid for deposit I do not know, but I
am very certain it was not for a party of agricultural Servants,
but merely for his Family.
With respect to his conduct after his arrival in the Colony
I can only speak from report, and that report was certainly
Very unfavourable to him. I had no personal knowledge of
him until I removed to Graham's Town, and I believe on the
Second of our chance meetings he read part of a letter to me
which he had just received from Lord Bathurst's OflSce in
answer to some complaints he had made of oppression, wherein
he was told that his unsupported assertions could not be
believed, as it was thought impossible that any innocent
Individual could be treated as he had described.
I believe it totally impossible that he could have supplied
Bations at ten stivers, or indeed at any price, as he had no
supplies of his own and he could not have purchased meal at
that period at a less rate than from 20 to 25 BixdoUars per
muid, and I believe it could be easily proved that those persons
who had the Contract at a much higher rate were very glad
to part with it.
With respect to Mr. Burnett's claim on Government for
means to return here in consequence of having (engagements ?)
which materially involve his own interests and those of his
Brother Colonists, I have no doubt the latter would much
rather manage their own than confide them to the ca,re of
Mr. Burnett. I have &c.
(Signed) J. E. Ford.
302 Records of the Cape Colony,
[Copy.]
Letter from J. C. Fleck, Esqbe., to Lieutenant J. H.
RUTHERFUED.
Cafe Town, 16^^ October 1825.
Sib, — I have the honor to acknowledge the receipt of your
letter of the 14th Instant enclosing extract from a Petition by
Mr. B. Burnett to the House of Commons, and beg to state
in answer to your following questions :
Ist. The price given for the Horse, and whether the purchase
took place prior to the decision of the Court of Appeals as
stated by the Petitioner ?
Answer. The price for the Stallion KutusoflE (the only Horse
Mr. Durr deceased purchased from His Excellency) I recollect
was seven thousand BixdoUars ; and if the Petitioner Mr. B.
Burnett alludes to the decision in the case of Mrs. De Wet
and Scheule versus said Durr concerning the validity of the
last will and Testament of Mr. J. F. Veyll deceased, I can say
that the sentence of the Court of Appeals, confirming said Will
and Testament, was dated the 30th May 1818, whereas the
horse Kutusoff was purchased on the 1st September 1818,
as will appear from the Ledger kept by me, and now in
the Office of the Sequestrator. Mr. Durr informed me
that he had made an agreement that the horse after his
Service at Braak Fontein or Oranje Fontein was to be
kept in the stables of His Excellency, or at Groote Post, as
he had no groom or servant to take proper care of the horse,
and it was my opinion at the time that Mr. Durr acceded to
an advantageous agreement, as his farms were at a distance
from Cape Town, and he was by repeated attacks of the gout
prevented to visit his farms.
2nd. Whether the horse did not serve the mares of the
estate at Mr. Durr's place at Braak Fontein one complete
season after he was purchased.
Answer. I believe the mares were served by the horse.
3rd. Whether His Excellency did not permit another English
Stallion to serve the mares of Mr. Durr's Estate the following
season gratis, in consequence of his misfortime losing the
horse after one season ?
Records of the Cape Colony. 30J
Answer. Yes, at Oranje Fontein, as Mr. Durr informed me.
I beg to add that Mr. Durr never expressed any dissatisf aotion
at the bargain, but on the contrary was perfectly satisfied with
the purchase. I have &c.
(Signed) J. C. Fleck.
[Office Copy.]
Letter from Eabl Bathubst to Lord Charles Somerset.
DowNDTO Street, London, 16lA October 1826.
My Lord, — ^With reference to my dispatch of the 20th
August last I have the honor to acquaint your Excellency
that the Salary of Major General Bourke as Lieutenant
Governor of Your Excellency's Grovemment has been fixed at
the sum of £3500 per annum, and I have to direct that it may
be made payable to him from the 16th of August.
I have &c.
(Signed) Bathurst.
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst.
Cafe of Good Hofe, IQth October 1825.
My Lord, — I have the honor to transmit to Your Lordship
Copy of a Letter which I have received from the Chief Justice
requesting my permission to resign his Situation for the reasons
therein stated.
Unwilling as I should have been at any time to lose the
Services of Sir John Truter and the able and constant assistance
which he has rendered this Government during the nearly
twelve years I have had the honor to administer it, I felt that
under the existing circumstances of the Colony, when the
Courts of Justice as well as the Grovemment have been attacked
on all sides and from all quarters, that it was my paramount
304 Records of the Cape Colony,
duty to use every exertion in my power, to secure until such
period as a change in the Judicial Establishment may take
place, the legal Talents, professional Experience and local
knowledge which Sir John Truter possesses, and which even
with his infirm state of health, cannot but prove more beneficial
to the Colony, than any change which could be made as a
temporary measure, on the spot.
I therefore pressed him, as Your liordship will perceive by
my Reply to his Application, to remain in Office at all events
until His Majesty's pleasure could be known on the subject.
I have great satisfaction in transmitting to Your Lordship
Sir John Truter's Reply, by which you wiU perceive that he
has consented to remain in his Office of Chief Justice until the
period above alluded to.
I trust that this additional proof of his devotedness to public
duty will strengthen his claim on the liberality of His Majesty's
Government, whenever his Services can be dispensed with.
I have &c.
(Signed) Charles Henry Somerset.
[Office Copy.j
Letter from Earl Bathurst to Lord Charles Somerset.
Downing Street, London, 17^^ October 1825.
My Lord, — I transmit herewith enclosed a copy of a
Memprial which I have received from Mr. Henry Ellis, formerly
Deputy Secretary to Your Excellency's Government, soliciting
that he may be allowed to enjoy the advantages accruing from
certain Salt pans, on the farm of Riet Valley, held by him in
pursuance of a Grant which I authorized your Excellency to
make to him in the year 1821.
Upon reference to the correspondence which passed between
Your Excellency and my Office relative to this Grant, it does
not appear whether in fixing the amount of the quit Rent
under which the Grant was authorized, the value of the Salt
pans had been stated for my consideration, although from the
circumstance of the Quit Rent having been raised to 1000 Rix-
doUars, being an encrease of 350 RixdoUars beyond the Rent
Records of the Cape Colony^ 305
proposed by your Excellency, it may reasonably be concluded
that the value of the Salt pans was not altogether overlooked^
I should, therefore, propose, if their annual value does not
exceed four hundred BixdoUars, that they should be considered
as being included in the original Grant ; but if their value
should exceed that sum, Your Excellency will take an early
opportunity of bringing the facts of the case more particularly
under my Consideration. I have &c.
(Signed) Bathxjrst.
[Office Copy.]
Letter from R. W. Hay, Esqre., to G. Harrison, Esqrb.
Downing Street, 17^^ October 1825.
Sir, — ^I am directed by Earl Bathurst to transmit to you, in
order to its being laid before the Lords Commissioners of His
Majesty's Treasury, the accompanying Copy of an application
which has been received from the Colonial Agent of the Cape
of Grood Hope, enclosing a statement of the demands which he
anticipates will be made upon him during the Current Quarter ;
and I am to request that you will move their Lordships to give
directions for advancing to the Colonial Agent the sum of
£4,000 in order that he may be enabled to provide for the
service of the Government of the Cape of Good Hope.
I am &;c.
(Signed) R. W. Hay.
[Copy.]
Letter from the Acting Clerk of the Council to Dr. James
Barry.
Council Office, nth October 1826.
Sir, — ^Having laid before His Excellency the Governor in
Council your Memorial under date the 15th Instant, " praying
to be permitted personally to attend the Council for the
306 Records of the Cape Colony,
purpose of submitting such particulars to its notice as may
serve to explain away the imputed impropriety of any expres-
sions contained in your coirespondence with the Government
on the subject of the Medical Inspectorship," I am directed to
inform you in reply that it is not considered consistent with
the principles upon which the Coimcil is formed to admit any
Individual before it, upon his own solicitation.
Should the Council in the consideration of any case submitted
to it consider the information to be derived from any Individual
necessary to its decision thereon, it will not fail to require the
attendance of such person. I have &c.
(Signed) P. G. Brink, Acting Clerk of the Council.
[Office Copy.]
Letter from Earl Bathurst to Lord Charles Somerset.
Downing Street, London, \9ith October 1825.
My Lord, — I have the honor to transmit to Your Excellency
copy of a dispatch which I addressed to you on the 29th May
last, respecting the non-transmission of the usual Monthly
Returns of the Staff Officers, and other Officers, and Bank and
File of the several Corps serving under your Excellency's
Command, and of the General Returns of the Civil Establish-
ments &c. of the Cape of Good Hope for the preceding year ;
and I have to request that I may not again be under the
necessity of directing Your Excellency's attention to such an
omission. I have &c.
(Signed) Bathxjrst.
[Original.]
Letter from Lord Charles Somerset to Earl Bathxjrst.
Cafe of Good Hope, 18 October 1825.
My Lord, — Although in applying for Your Lordship'^
sanction to the construction of an additional Schooner for the
Kowie Service, which I had the honor to do in my Despatch
Becords of the Cape Colony, 307
to Your Lordship dated 8 June last No. 177, it might be under-
stood that a Crew would become necessary, and that the
application would extend to the appointment of one, yet as I
did not advert specifically to it, I beg now to state that the
rate of wages at which the Seamen have been engaged is fixed
as follows :
A Master at One Thousand Four Hundred and Forty Rix-
dollars or One Hundred and Eight Pounds Sterling per annum.
A Mate at Six Hundred Rixdollars or Forty Five Pounds
Sterling per annum.
Two Seamen at Four Hundred and Eighty Rixdollars or
Thirty Six Pounds Sterling per annum.
One Man at Three Hundred Rixdollars or Twenty Two
Pounds Ten Shillings Sterling per annum.
As all expenses on account of Government vessels are con-
sidered to be of a fixed Contingent nature, I have the honor to
solicit Your Lordship's approval of this sum being accordingly
placed on the Schedules of fixed Contingencies.
I have the satisfaction to add that this small. Vessel by the
very rapid voyages she has made between Port Frances and
this Port, with private freight, has nearly covered her expenses.
I have &c.
(Signed) Charles Henry Somerset.
[Office Copy.]
Letter from R. W. Hay, Esqre., to T. P. Courtenay, Esqre.
Downing Street, ISih October 1825.
Sir, — I have laid before Earl Bathurst your letter of 4th
Instant, in which you request his Lordship's authority for
providing, in pursuance of a requisition from the Chief Secretary
to the Grovernment of the Cape of Good Hope, a supply of
Stationery for the use of that Government ; and I am directed
to acquaint you in reply, that until his Lordship shall have
been informed what the expense of supplying these Articles
will be, he will not be at liberty to sanction your providing
them. I am &c.
(Signed) R. W. Hay.
X 2
308 Records of the Cape Colony.
[Office Copy.]
LeUer from R. W. Hay, Esqbe., to W. Mbery, Esqbe.
DowNiNO Stbebt, ISth October 1825.
SiE, — I am directed by Earl Bathurst to desire that you
will suggest to the Secretary at War that it may be proper to
select a Military Chaplain to the Forces stationed at the Cape
of Good Hope to replace the Reverend Mr. Ireland whom his
Lordship proposes to appoint to the Chaplaincy of Graham's
Town. I am &c.
(Signed) R. W. Hay.
[Office Copy.]
Letter from Earl Bathurst to Lord Charles Somerset.
DowNiNO Street, London, I9th October 1825.
*
My Lord, — I transmit to your Excellency herewith enclosed
a Judicial Summons which the Government of the Prince of
Reuss Lobenstein and EbendorflE has requested to be delivered
to the Widow of John Greorge Henry Neumeister, who is stated
to be residing at the Cape ; and I have to request that your
Excellency will cause the said document to be duly delivered
to the person in question, and that a Judicial Certificate of the
deUvery of such document be transmitted to me for the infor-
mation of the Government of the Prince Reuss Lobenstein and
EbendorflE. I have &c.
(Signed) Bathurst.
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst.
Cafe of Good Hope, 19 October 1825.
My Lord, — I have the honor to transmit to Your Lordship
a List of Items in the Ordinary Expenditure of this Govern-
ment which have been incurred during the Quarter ending 30th
Ultimo, and to solicit Your Lordship's sanction thereto.
Records of the Cape Colony,
309
Your Lordship will perceive upon reference to the Explana-
tions given opposite to each Item that the actual augmentation
to the Civil Establishment is very inconsiderable, the charges
being principally transfers from one Branch to another of the
Public Expenditure. I have &c.
(Signed) Charles Henry Somerset.
[Enclosure 1 in the above.]
List of Encreases to the Salaries of the Civil Servants on the
Establishment of the Oovernment of the Cape of Oood Hope
made during the Q^iarter ending 30^A September 1825 which
require the Sanction of His Majesty^ s Secretary of State for
the Colonies,
Officer.
1. Saperintendent of the
il^rintiiig Department
2. Translator of the (Taze^e
3. Editor
4. Amanuensis to „
6. Bookkeeper
6. Printer Dutch Depart
ment .
7. First Compositor
8. Second Compositor
9. Printer English Depart
ment
10. first Compositor
11. Second Compositor
12. Messenger .
13. Apprentice
14.
16. First Assistant to the
Colonial Paymaster
Id. Second ditto
17. derk to the Resident
and Secretary of
Simons Town .
18. Superintendent of Gov-
ernment Gardens
19. Gardener .
20. Overseer at Camps Bay
Date of Encrease.
1 July 1826
1 August 1826
>»
16 Sept. 1826
1 July 1826
>»
»>
Present
Salary in
Currency.
1,200
600
1,200
840
720
720
600
600
240
144
144
900
700
820
720
600
480
Proposed Encrease to
present Salary.
Currency.
800 0 0
2,000 0 0
1,200 0 0
300 0 0
300 0 0
133 2 4
360 0 0
280 0 0
613 2 4
600 0 0
400 0 0
60 0 0
66 0 0
66 0 0
300 0 0
200 Q 0
180 0 0
240 0 0
360 0 0
120 0 0
Sterling.
60 0
160 0
90 0
22 lOs.
22 10«.
10 0
27 0
21 0
46 0.
46 0
30 0
4 10«.
4 is,
4 40.
22 lOtf.
16 0
13 108.
18 0
27 0
9 0
310 Records of the Cape Colony.
Remarks.
1 to 14. A new arrangement has been made in this Depart-
ment in consequence of the loose and unsatisfactory manner in
which it was formerly conducted. The Superintendent and
Translator shared between them all the Fees for Translations,
contrary to the express order of Government, and the Com-
positors independent of their pay had a share of Fees, which
were unauthorized by Government. At present the Salaries
of the whole have been fixed, and all Fees for Translations &c.
are to be carried to account of Government, by which a con-
siderable saving will be annually made. The Salaries of the
Editor and Amanuensis, which now appear on the fixed
Establishment, were formerly paid as a fixed Contingency.
It is therefore merely a transfer from one Brarch to another
of the public Expenditure.
15 and 16. By a late arrangement which has been made for
the payment of all Warrants for public Expenditure by the
Colonial Paymaster, in lieu of the former practice of paying
part by the Treasurer and part by the Paymaster, two of the
clerks have been removed from the one oflSce to the other, and
a small encrease has been made to the clerk who has now
become fixed in the paymaster's oflSce, which has been more
than met by the reduction of the youngest clerk in that office.
A saving therefore accrues to Government by this arrangement.
17. The Salaries attached to these situations were so very
small that it was impossible to get any competent Person to
accept of them. And at the request of the Government
Resident the two were thrown into one, and a competent
person appointed to do the duties with a Salary of £76 a year,
being a small encrease of about £15 per annum.
18 to 20. The persons who filled these situations having
resigned them in consequence of their pay being less than they
could procure from Individuals; the Salaries now fixed are
only equal to what can be obtained by every competent
Servant in this Colony. The raising the Salaries therefore
to the present amount was a matter in which no choice
was left.
\
\
\
\
\
\
Records of the Cape Colony.
311
[Enclosure 2 in the above.]
List of Appointments on the Civil Establishment of the Oovern-
ment of the Cape of Good Hope conferred during the Quarter
ending ZQth September 1825, which require the sanction of
His Majesty* s Secretary of State for the Colonies.
Officer.
1. Sub Librarian of the Public Library
^ »» » •
3. Messenger to „
4. Slave Boy „
5. Ganger of Casks ....
6. Qerk to ditto
7. Messenger .....
8. An additional Constable in the Somerset
District .....
9. Two additional Constables in the Albany-
District .....
Date of Appointment.
1 July 1826
»>
5 and 9 May 1825
Salary
per annum.
£76 0
76 0
37 10«.
18 0
76 0
46 0
30 0
13 10«.
13 10«.(eaoh)
Remarks.
1 to 8. This Establishment has hitherto been managed by
a Committee appointed for that purpose, who held all the funds
arising from the duty levied upon the gauging of wine by
Proclamation of the 20th March 1818 and paid its own
Establishment out of such Funds, and expended the remaining
Proceeds according to its own discretion. The Establishment
has now been placed on the fixed Government List, and will be
paid by Warrant with all the contingent expenses, while the
Proceeds of the Duty will be paid into the Treasury in the same
way as the other public Revenues. The amount of these
Proceeds for the last 7 years has averaged Bixdollars 12,000 or
£900 per annum, which has been expended on the establish-
ment of the Library, purchase of Books, &c.
8. Upon the representation of the Landdrost of the District
that one Constable was insufficient for the performance of the
Duties imposed.
9. Reported necessary by the Landdrost.
312 Mecords of the Cape Colony.
[Enclosure 3 in the above.]
Landdbost's Office, Sobcebset, SOth June 1825.
Sir, — Having only at present one Constable on this Estab-
lishment, and as I find him unable to perform all the duties
required of him in that situation, I have the honour to request
that you will be pleased to obtain for me the sanction of His
Excellency the Governor to engage a second Constable from
the 1st Proximo. I have &c.
(Signed) W. M. Mackay, Landdrost.
Sir Richard Plasket, Secretary to Government.
[Office Copy.]
Letter from Eabl Bathurst to Lord Charles Somerset.
DowNiNO Stbeet, London, 20th October 1826.
My Lord, — I have the honor to acknowledge the receipt of
your Excellency's dispatch of the 20th of July last in reply to
;mine of the 29th of April preceding, in which I requested some
information that might enable me to form an opinion on the
merits of the statements contained in a petition from a person
named John Milner.
As your Excellency states that Milner has appealed to the
King in Council in order to try the validity of the lease of the
Bird and Chowan Islands, there can be no necessity for entering
at present into the further Consideration of the Case ; I shall,
therefore, merely mention, that in order to complete your
Excellency's very full Report on the alleged grievances of the
Petitioner, it will be desirable that you should acquaint me
whether Korsten has obtained, and upon what terms, a renewal
of the lease of the Islands in question. I have &c.
(Signed) Bathurst.
Mecords of the Cape Colony, 313
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst.
Cape of Good Hope, October 20th 1825.
My Lord, — I had the honor to receive your Lordship's
Dispatch of the 29th May last, No. 169, yesterday, in which
Your Lordship observes that you had not received the usual
Monthly Returns of the Military Forces serving on this
Station.
In reply I have the honor to inform Your Lordship that I
am instructed by the Adjutant General of the Army to send
home Retiu-ns according to Forms transmitted to me from his
office for that purpose. These Forms specify (on the back of
them), one for the Adjutant General of the Forces, one for the
Secretary at War, and one for the Officer Commanding on the
Station. I also receive periodically two Forms of Returns for
the Staff Pay from the Secretary at War, one to transi^it to
His Lordship, and one to the Lords Commissioners of His
Majesty's Treasury.
During the war, and for some years afterwards, a fourth
Form of Monthly Return was transmitted to me from the
Adjutant General, specifying to be " For the Secretary of
State for the War and Colonial Department," but during the
last five or six years that form has been omitted to be sent,
which is the cause of your Lordship's not having received the
Returns.
I have now the honor to transmit to your Lordship a manu-
script Retiu-n, and shall by this opportunity apply to the
Adjutant General, requesting that an additional Form may
be henceforth periodically supplied me, in order to meet Your
Lordship's wishes. I have &c.
(Signed) Charles Henry Somerset.
314 Records of the Cape Colony.
[Office Copy.]
Letter from Earl Bathurst to Lord Charles Somerset.
Downing Stbeet, London, 2\8t October 1825.
My Lord, — I have the honor to transmit to your Excellency
copy of a letter from Captain Harker late of the 15th Foot,
and who is residing at Woodville, Cape of Good Hope ; and I
have to recommend to Your Excellency a favorable considera-
tion of Captain Barker's application, should you have it in
yoTU" power to give him employment, and should his character
be such as would justify his being so employed. I have &c.
(Signed) Bathurst.
[Office Copy.]
Letter from R. W. Hay, Esqre., to Major General Bourkb,
Doynsrsot Street, 2\8t October 1825.
Sir, — I have laid before Earl Bathurst your letter of 30th
Ultimo, containing a Memorandum which had been put into
your hands by the Reverend Dr. Poynter, in which he expresses
a hope that a suitable allowance will be made for the support
of at least two Catholic Clergymen at the Cape of Good Hope ;
and I am to acquaint you in reply that before his Lordship
can take Dr. Poynter's request into consideration, it will be
necessary that you should ascertain from him, upon what
authority his assertion is founded, that previous to the capture
of the Cape of Good Hope by the British Forces, there were
three Catholic Clergymen in that Colony, two of whom were
supported at the expense of the Dutch Government.
I have &c.
(Signed) R. W. Hay.
»/ tt« a^t Cebmf. 315
[Original.]
Letter from Jom Eamow, Es,bi., to K. W. HiV, B.OT.
SIR,— Id reference to former communication, m>.,ii.», .l_
passage for Major General Eonrke. to .l>e cl " 7^1^
m Hn, Majesty. Ship flai^„, i .^ comm^ tT^^^S
.on.e e«L!rlrr .rrntL-^^Jt^rLTt^
(Signed) JoiEt BAmoir
[Office Copy.]
^"'- I'O,. B. W. H... Es^K... u. ac R.v«..,n h. Sb.™,u,.
deemed exnedient t„ ™ whenever it may be
«-Ho.r;:;ra;\ro-i\-rLi:-i-£°'
I am &c.
(Signed) R. w. Hat.
316 Records of the Cape Colony,
[Copy.]
Letter from the Commissioners of Enquiry to Lord Charles
Somerset.
Cape Town, 2,2nd October 1826.
My Lord, — We have recently received a letter from Mr.
Thomas Pringle, in which after alluding to the favors for
which he alleges that your Lordship claimed credit in the
interview that you had with him and Sir John Truter upon
the publication of an article in the second number of his
Journal, he enters into a statement for the purpose of guarding
himself against any implied admission on his part or any
assumption on ours of the sense in which he thinks your
Lordship was disposed to consider them.
As in this statement Mr. Pringle in more than one instance
disclaims all idea of favour towards himself or the members of
his family, we think it right that your Lordship should be. put
in possession of the grounds of his disclaimer. We therefore
have the honor to enclose extracts from such parts of his letter
as allude to the instances of favor that he thinks may be
quoted against him, and upon which your Lordship may
perhaps be desirous of making some observations before we
submit our report upon his case to Earl Bathurst.
We have &c.
(Signed) John Thomas Bigge,
Wm. M. G. Colebrooke.
[Original.]
Letter from Mr. D. P. Francis to R. W. Hay, Esqre.
Maldon, Essex, 2^^nd October 1825.
Sir, — In consequence of my being actively engaged for some
days past in canvassing the voters of this Borough for Sir
Bufane Donkin, I did not receive your note of the 15th inst.
requesting my attendance in Downing Street on Tuesday last
until I was passing through this place with Sir Ruf ane to-Day.
Records of the Cape Colony, 317
I trust this explanation together with my being employed
in promoting the return of a Ministerial Member to Parliament,
and thereby Supporting His Majesty's Government which I
have ever Done, will be deemed a SuflScient Apology for my
not noticing yoiu* Communication earlier.
I expect to be in Town by Wednesday or Thiu-sday next,
and shall then take the earliest Opportunity to attend your
Commands in Downing Street. I have &c.
(Signed) D. P. Francis.
[Copy.]
Letter from Walter Bentinck, Esqre., to the Commissioners
OF Enquiry.
Cape Town, October 25th 1825.
Gentlemen, — In reply to your letter of the 22nd instant,
enclosing for my perusal an extract from Mr. Bishop Burnett's
memorial, addressed to Earl Bathurst, I have the honour to
state, that, upon reference to the proceedings of the Court, the
statement of Mr. Burnett is found extremely incorrect.
I allude to what occurred three years ago ; but, as far as I
can bring the case to my recollection, it is as follows : —
Bishop Burnett not having paid any rent to Hart, and his
insolvency being announced in the Gazette, Hart wished to
eject him from the premises. Bishop Burnett pretended not
to be insolvent, and stated that the landdrost, Mr. Rivers,
must be aware that there was still a correspondence carried
on with the sequestrator respecting his (Burnett's) insolvency.
The landdrost admits such a correspondence, and moreover
states that all the papers thereunto relating had been sent to
Cape Town.
Under these circumstances the Court could not come to a
final decision, and thought proper to postpone the case, in
order to give him (Burnett) time to prove his solvency, either
to the full Court, or to the next Commission of Circuit.
It was not stated that Mr. Hart had no right to demand
rent.
318
Records of the Cape Colony,
It follows that the title deeds could not be restored to Hart»
as the case was postponed.
Mr. B. Burnett further asserts, that in an action against a
tenant of his own, he cast him. It appears however from the
records of the Court, that only an interlocutory decree was
passed in favour of the tenant. I have &c.
(Signed) Walter Bentinck.
[Original.]
Return of Troops serving at the Cape of Oood Hope on the 25th
October 1825.
Officers of all ranks at the Regimental Head Quarters
or on Detached Duty at the Station .
Sergeants, Trumpeters, Drummers, and Bank and File
Royal Artillery
Boyal Sappers and Miners
49th Regiment
98th Regiment
55th Regiment
^ ^ ( Cavalry
Cape Corpsj j^^^^^y
Grand Total
109
69
21
57a
555
576
250
272
2428
(Signed) C. H. Somerset, General.
Memorial of Mrs. Jane Erith.
Cape Town, October 25th 1825.
To the Right Honorable the Earl Bathurst, one of His
Majesty's Principal Secretaries of State, &c., &c., &c.
May it please Your Lordship.
The Memorial of Jane Erith most Humbly Sheweth
That nothing but an impression made on the mind of
Memorialist by the deepest conviction of the Philanthropy of
Records of the Cape Colony. 319
your Lordship's feelings towards the unfortunate Settlers of
1820, could have influenced the Subject of the Subsequent
Memorial in obtruding on the more momentous concerns with
which your Lordship must necessarily be engaged, but in
humbly submitting six months of cruelty and sufferings for
your Lordship's most serious consideration. Memorialist feels
assured your Lordship will not allow Oblivion to draw its
Curtain over Acts so Inimical to the welfare of an Infant Colony,
so Repugnant to the feelings of the Community at large.
Memorialist therefore with the greatest deference to your
Lordship, in stating her case, will endeavour to do it in as
concise, yet clear, a manner as her humble abilities will admit,
praying your Lordship's Magnanimity will be graciously
extended in overlooking such parts as may not be in strict
Conformity usual in such addresses, but engaging that your
Lordship shall not find one Sentence, upon. Investigation,
unsupported by the strictest "Truth, a Task which Memorialist
would most gladly have receded from, could she have done it
consistent with her Duty to her rising Family.
Memorialist in the first place begs leave to state, that after
nearly f oiu* years and a half of the severest SuflEerings Incidental
to the Change of Climate on the Constitution of Europeans,
and Deprivations necessarily experienced by the Colonization
of a New Settlement, but of infinitely greater Cruelty practised
by the oppressive and arbitrary Conduct of the Colonial
(Government, the Husband of Memorialist was prevailed upon
by Memorialist and Friends to embrace the truly kind and
generous oflEer of the Commander of the May (Whaler) viz. a
Passage free of Expense to the shores of England, in order to
lay his serious grievances before yoiu* Lordship, previously
informing the Colonial Government the unpleasant manner he
must leave his Family exposed to, but praying they would not
be allowed to suflEer from want, seeing they were so con-
siderably in arrears with him.
On the 14th of April, the day subsequent to the departure
of Memorialist's Husband, there being a concern in which she
could have engaged which would have ensured to her Family
the necessaties, U not comforts of life, she prayed for a grant
of 600 Bds. on Interest, till a final decision could take place»
as it respected her pecuniary concerns, the Colonial Govern-
320 Records of the Cape Colony.
ment at that moment holding Property of hers as a sufficient
Equivalent for such a request, as will be presently fully proved.
But a negative was put on that Petition.
Memoriahst knowing there was a balance in favour of her
Husband, as admitted by the Asst. Commissary in correcting
the Dep. Asst. Commissary General's account of 60 Rds. 1 sk.
4i sts. on the part of his Deposit, applied for that. Your
Lordship will perhaps hardly credit that three months and
twelve days elapsed, in which time Memorialist was harassed
to and fro, before she could accomphsh the Reimbursement of
so trifling a sum. The above interval must of necessity have
proved fatal to her family of four Female Children (the Eldest
but just nine years of age) if it had not been for the kindness
of Friends, among whom Memorialist has the satisfaction of
enumerating the worthy Landdrost of Cape Town, till that
period to her an entire stranger.
Memoriahst, finding after hquidating such arrears as was
practicable out of so small a sum, her Finances were reduced
to ten Bix Dollars, and all further Restitution denied, memo-
rialed for a free Passage to England, her health not admitting
her to use laborious exertions for the support of her Family,
and to be allowed Rations till their Departure, but even this
Petition was disregarded till Memoriahst had five several times
addressed His Excellency on that subject ; at last an answer
arrived granting the first part of her Prayer, but totally silent
on the subject of Rations. On the 17th (August) Memoriahst
requested (by Note) a Personal interview with His Excellency,
as she had left her Children at home that Morning without
food, but was referred by His Excellency to the Secretary to
Government.
On waiting on Sir Richard Plasket, Memoriahst was addressed
with a stern look and angry voice, more fitting a Mendicant of
Charity than a Female who was only sohciting her own Property,
and to the best of her imperfect judgment endeavouring to
provide for the preservation of her Children, with, " What is
the reason you are teasing the Governor's heart out, do you
know what we can do with you ? " when the conclusion was a
threat to be sent to England divested of all accommodations,
and when Memoriahst made an observation about Cloaths for
so long a voyage, was told " them you may get where you can."
Records of the Cape Colony. 321
A conduct so irregular that Memorialist can only impute it to
a previous letter sent by His Excellency (of which she was
the bearer) to Sir Richard Plasket.
A period was now again suflEered to pass from the 17th to
the 3rd of September without the least assistance being
rendered Memorialist. On the contrary, her feelings were
trifled with by vague and ridiculous messages on the part of
His Majesty's Fiscal, who Memorialist was informed had
official orders to give her the usage of a Distressed British
subject, and when Mr. Denyssen was pressed to explain what
such usage was, returned the short but comprehensive answer
*' Nothing."
Your Lordship can hardly, I am sure, suppose Barbarity
could be so deliberately practised on a Person whose only
fault was perseverance, stimulated by seeing her Children
sometimes without food for 24 hours together, and then their
scanty pittance procured by borrowing a Dollar now and then
from a Friend, and altho' at the seat of Government even
mercy otight to erect its standard, was Memorialist thus suffered
to pass five months Want, making inroads upon the con-
stitution o^ a Family whose spirits were buoyed with hopes
of being soon returned to the shores of their beloved
Country.
On the 3rd of September, finding no doubt the Importunity
of Memorialist unpleasant, an expedient was resorted to as
singular in its nature as despotic in its terms, that Memorialist
certainly considered it was done with a view to add Insult to
Sufferings, which His Excellency had some months previously
prevented all Investigation into, for however exalted His
Excellency's rank, yet as a Parent he cannot in some measure
be ignorant of the expenses adequate to the support of five
persons for one month, therefore when the Secretary to
Government informed Memorialist that 30 Rds. per Month, or
one Dollar a Day, was all His Excellency would allow, it
raised feelings in her mind which but for a moment's reflection
would have made her retire without signing the receipt for the
first Instalment, disgusted at such pusillanimous conduct,
particularly as it was evidently considered a gratuitous favour,
when in fact it was her own property, which, in order to
convince your Lordship of, Memoriahst humbly begs to call
xxm. Y
I
322 Records of the Cape Colony,
your Lordship's attention to that triumphant and decisive
victory obtained by the indefatigable exertions of the Cape
Corps Cavaky, headed by their Commander, now Lieutenant
Colonel Somerset, over the Barbarous and Savage Caflfres, as
appeared in the Cape Gazette, bearing date December 20th
1823, when 7000 Head of Cattle was said to be captured and
driven into Fort Beaufort, and after every Settler and Inhabi-
tant had been completely indemnified, the surplus sent back to
keep the women and children from starving. A victory no
doubt hailed in England with delight by the Friends of every
British Emigrant, considering that numbers had laid out their
little Capital in purchasing such Stock as the only seeming
alternative to prevent their future sufferings.
But will your Lordship pardon me in remarking, that the
Brilliant achievements of that glorious day, winging its flight
with all that celerity so praiseworthy in this Government on
such occasions, had no doubt even reached the distant shores
of England before numbers of the Settlers knew that such
heroic feats of valour had been performed, therefore the
highest praise is due to that Individual (be him whom he may)
that could at the expense of truth foister some parts of that
Notification into the Public Prints, presuming no doubt that
so many Thousands of Miles of the Mighty Ocean separating
England from Albany, such false Machinations would never
dare to be exposed by the still small voice of an Insignificant
British Settler, or that the puny arm of an oppressed British
Subject would irrefragably discover truths glaring (in this part
of the world) as the Sun at Noon Day.
Memorialist will now trouble your Lordship with two Para-
graphs from oflScial Documents in her possession, which she
thinks will prove that the Boon so generously bestowed ought in
point of fact to have been made a subject of settlement at the
date of the above mentioned Capture, considering repeated
and urgent applications had been made to the different Func-
tionaries for Remuneration ever since 1821, the first date of
the loss of cattle sustained by the Husband of MemoriaUst.
The first bears date April 22nd 1825, and signed Wm. Hay-
ward : " Further Report."
** With regard to the Remuneration claimed for the loss of
Cattle taken by the Caff res, it is impossible to give other
Records of the Cape Colony. 323
Information than that he has been repeatedly told by the
Landdrost that he had no more Cattle to distribute. I do not
therefore see that any remuneration can be made to him."
The second is dated May 6th 1825, and signed Richard Flasket.
" His Excellency cannot take further steps therein, as he con-
siders Mr. Hayward's statement to be final."
Memorialist feeling indignant at such contemptible Equivo-
cations, begged His Excellency would have the goodness to
order the Special Commissioner to elucidate the following
Question : "To whom of the Settlers were the 7000 Head of
Caffre Cattle distributed, and for why, when even 100 Head
more were in the Kraal at the moment J. T. Erith applied for
Remuneration, could he not have had it ? " a request your
Lordship will not be surprised to hear was not complied
with.
After receiving such Documents, and then to be informed
she was to be allowed the above stipend, created a surmise in
Memorialist's mind that his Excellency must be under some
Mental Delirium, as that was not sufficient to purchase food,
in fact after acknowledging Memorialist's claim to be correct,
the Friends of Memorialist considered it an act of arbitrary
power to retain any part of the full amount, but Memorialist
willing to convince His Excellency she had no wish to shrink
in providing for her Family, as far as practicable in the weak
state of her frame, worn down by anxiety and excessive fatigue,
for the last five months, only requested should she not be
able to add to that Income by her exertions, the addition
of Rent 16 Rds. to be allowed, which was on the 16th refused
under circumstances the most cruel.
Your Lordship cannot but hear with surprise that at last,
on the 20th of that month, after Memorialist had most repea-
tedly and respectfully addressed the Colonial Government on
the state of her Finances, she was positively made, accom-
panied by her Children, the Sport of exalted Power, in being
sent to and from Government House to the Colonial Office
several times, with either Messages or Notes, intimating to
Memorialist that her request would be complied with. Con-
scious Indignation at such trifling Treatment at last roused
the small share of strength left Memorialist, who for several
preceding days had with her Family subsisted only on Bread
Y 2
324 Heeards of the Cape Colony.
and Water, the former of which had then failed, (a circumstance
well known to His Excellency), and she came to the resolution
to immediately place them under the Protection of His Excel-
lency, for which purpose she addressed His Excellency by
Note as follows :
Cape Town, September 20th 1825.
Mrs. Erith having no provision for her Children, and the
Colonial Government in possession of her Property, which they
will not refund, has with the greatest respect to His Excellency
the Governor brought them to Government House, in order to
place them under the Protection of your Excellency, a step
which be assured my Lord nothing but positive want has
authorized her to take.
I Had Memorialist been addressing the Dey of Algiers, surprise
would not have intruded itself on her mind at a conclusion so
inhuman as followed. For your Lordship will learn with
horror, that after such an address, made by an English Female
in a Foreign Clime, accompanied by four helpless Children, to
an English Oovernor, it was repulsed by an express order to the
Orderly to turn out Memorialist and Family, and close the
doors of that stately edifice, a command which was evidently
received with horror, and seemed to unnerve even the arm of
a Menial, had there been any necessity to have enforced it,
and who expressed himself on that occasion in terms which
would have done honor to the Higher Class of Society.
Memorialist bowing in silent submission to such arbitrary
conduct, returned to her habitation with her Family, where
for the following 48 hours, nutriment of no sort (water excepted)
passed the lips of either Memorialist or Family, when the
Inmates of the Habitation of which she occupied part volun-
tarily lent her two Skillings to purchase Bread. Memorialist
then considered herself justified in refusing all further monthly
Reimbursements, which she notified to His Excellency the
Governor, requesting a final settlement.
The consequence was, that after contending with languor
and Hi-health as long as possible, Memorialist was on the 27th
confined to her bed, when it was thought necessary to call in
Medical advice, to whose attention, accompanied by the kind
assistance of strangers. Memorialist feels indebted for a pro-
Becords of the Cape Colony, 325
tracted existence. Even at the present moment Memorialist
is obliged to the humanity of a few Individuals for the con-
tinued Lives of herself and Family, two of whom, shocked at
beholding such brutality exercised towards a Female necessarily
left unprotected, have, small as their Income is and only obtained
by the greatest Industry, shared it with Memorialist and Family,
Her return to health being protracted from want of proper
nourishment, too expensive for her to purchase, she is therefore
left in such a debilitated state as to prevent all thoughts at
present that she can provide for her Family, and Memorialist
feels it her duty to add that His Excellency the Governor has
not been unapprised by Memorialist's Friends, and as soon as
was possible by herseU, of every circumstance. But deaf as
the encaverned Mole to all the finer feelings of Mercy, all
Petitions, Bequests, and Prayers, remain unanswered.
Memorialist did not for one moment suppose that real
disinterestedness or an impartial love of Justice could Influence
the Conduct of His Excellency in the advance of the aforesaid
sum, when she had in 1824 been both an Eye and Ear witness
to the illegal manner which His Excellency undertook to finally
settle a Criminal Act, and which could make a Fiscal tremble
on the Threshold of Investigation, confess he had but taken a
Summary view of the dilapidation, but declined proceeding
therein, because " His Excellency the Governor had decided
thereon."
That could make the sacred Character of a Chief Justice of
the Colony stop Memorialist in the Public Street, and in the
hearing of numbers, exclaim in an angry voice " For why did
you send the Copy of the Letter you wrote me to the Governor,
if you now like to bring a civil action, we will allow you one of
the ablest advocates the Colony can produce, and it shall not
cost you a Stiver, but if you are for England we decline going
into it."
On that mysterious event, so ably performed by a favourite
Hireling, the Firing Memorialist's House and Property, with all
the Solemn Pageantry displayed to stop the avenues of Im-
partial Justice against Memorialist's Husband, for such san-
guinary acts, convinced Memorialist that under that spurious
act of generosity of September 3rd the annihilation of " that
Horrible Woman " and Family was intended.
326 Kecords of the Cape Colony,
Memorialist's wounded feelings cannot help here remarking
to your Lordship upon that Epitaph. How horrific must the
conscientumsness of past proceedings be to the ojypressor, when
the appearance of an humble Individual and four Inoffensive
Children could call forth such a truly awful appellation,
whose grand and only transgression lay in displaying a spirit
of just Independence against acts hostile to the feelings of
an English Subject, and which has proved ruinous in their
fulfilment.
Never till now when slowly recovering from a Bed of Sickness
did Memorialist feel the intrinsic value of that highly favoured
Land from which she emigrated, much less did she ever expect
to be a witness to such glaring acts of supersedures and injustice
in an English Colony, by the very authorities who ought to be
a terror to evil-doers only. She cannot therefore but see with
the deepest regret, how unlike it is, the pure administration of
Equity in that country where a Magistrate is amenable to its
Laws, as weU as its meanest Subject, and where so foul a deed
as that of wantonly and deliberately firing a House and Property
by a written order (which has reduced a Family to want) would
meet from that grand Palladium of British 'Justice, Trial by
Jury, the punishment deservedly merited, nor could a Governor
screen the aggressors.
Memorialist has therefore no alternative but in praying your
Lordship will be mercifully pleased to interfere in the behalf of
herself and Family, and should she not be able to reach the
Shores of Great Britain before the earliest return of your
Lordship's answer can be wafted to Southern Africa, She
humbly entreats your Lordship will be pleased to order herself
and Family accommodations on board one of the first of His
Majesty's Vessels bound to that Country, to lay the whole of
her case before your Lordship, the foregoing being only an
abstract of Cruelties practised upon Memorialist and Family
since the absence of their Father, as she does most solemnly
assure your Lordship, with feelings of the most poignant
sorrow, that since her unfortunate residence in this Colony she
has found, in the fullest sense the import of the words will
warrant, that " the tender Mercies of the Wicked are Cruel "
when invested with power, and that in her present "^ruly
debilitated state she feels the most anxious concern to again
\
Records of the Cape Colony, 327
see her Children placed under the Protection of an affectionate
Father and her Friends.
And Memorialist as in Duty bound &c.
(Signed) Jane Erith,
[Original.]
Letter from IVIajob General Bourke to R. W. Hay, Esqrb.
75 WiMPOLB Street,
Wednesday NigJU, 26 October 1825.
Dear Sir, — It may be satisfactory to you to know that I
received a letter to-day from Captain Rous to say that as it
was finally settled that we were to sail together in the Rainbow
it was his duty as well as his wish to make my family as com-
fortable as circumstances wiU permit, and he announces some
arrangements on board with this view. I have no doubt
therefore that we shall be as well accommodated as the very
limited space will allow.
I presume the order to have my luggage received on board
the Rainbow has been forwarded by the Admiralty. My Aide
de Camp goes down on Friday to overlook it, and in the event
of his meeting with any difficulty I took the liberty of directing
him to inform you. However it is now likely that everything
will go on smoothly.
I leave Town to-morrow morning for Southampton, where I
shall be happy to receive your commands. I presume there
can be no objection to giving me an extract or copy of the
Instruction to Lord Charles Somerset authorizing him to issue
my salary from the 16th August last, as also the rent of the
furnished House I am allowed in Cape Town ; and I should
like to have the No. and date of the Dispatch extracts of which
you read to me yesterday. I have &c.
(Signed) Richd. Bourke.
328 Records of the Cape Colony.
[Original.]
Letter from John Barrow, Esqre., to R. W. Hay, Esqbe.
Admiralty Office, 2Mi October 1825.
Sir, — Having laid before my Lords Commissioners of the
Admiralty your letter of yesterday's date, requesting that
directions may be given to the Officer in command of the
Bainbow, to be in readiness to receive on board the Baggage of
Major General Bourke, on Friday next ; I am commanded by
their Lordships to acquaint you, for the information of Earl
Bathurst, that they have sent directions to the Captain of the
Bainbow at Chatham, for that purpose. I am &c.
(Signed) John Barrow.
[Original.]
Letter from Mr. Wm. Hayward (o the Commissioners of
Enquiry.
Cape Town, 2(}th October 1825.
Sirs, — In answer to your inquiries respecting Lieutenant
White's Location in Albany, I have the honor to inform you
that Cap bain Campbell called upon me while in Graham's Town
with some Papers relating to the affair of Lieutenant White ^
for whom he was Agent. I examined those Papers, and finding
that a most decisive answer had been given (I beUeve from the
Colonial Office) to the case and claim, I considered that I was
precluded from going further into it, and therefore returned
the Papers to Captain Campbell with information to that
effect.
On my tour of Inspection through the District I learnt that
there was still one man in occupation of the Land on behalf of
Mr. White, and I believe that there are means of extending
the Location, but not considerably, in a Southerly direction
towards J. D. Smuts' Farm. On this point I beg leave to add
an extract from my Report on the adjoining Location of Mr.
Latham's Party :
" The Party requests a small extension particularly in the
Records of the Cape Colony, 329
direction of Joel Smuts' Farm where two strangers had once
established themselves near a small spring, unavoidably com-
mitting trespass on the Location. Tho' this is near to Latham's
Location, yet I think it would interfere with the Lands formerly
allotted for Mr. White where there is rather a scanty supply of
water." I have &c.
(Signed) Wm. Hayward.
[Copy.]
Letter from the Landdrost of Worcester to the Commissioners of
Enquiry.
Landdbost's Office, Wobcesteb, 2Qth October 1825.
Gentlemen, — I have the honour to acknowledge the receipt
of your letter of the 22nd instant, enclosing to me an extract
from a statement that has recently been submitted to Earl
Bathurst by Mr. Bishop Burnett, in which, after complaining
of the undue favour shown to the officers of the army on the
frontier in the gratuitous appropriation to them of erven in
Graham's Town and Bathurst, and that the profit they have
been able to derive from the cultivation of their erven in green
forage for the supply of the Cape Cavalry, he makes the
following statement : —
^^ Captain Trappes, of the 72nd regiment^ has realized a
fortune by this description of jobbing. One house alone, built
by the troops in Graham's Town, which I pledge myself to
prove did not cost him five hundred rixdoUars, he sold to
government for twelve thousand ! Two other erven, in or
near the town, have proved equally profitable to him. An erf
at Bathurst has been quite as productive ; only a few weeks
since he disposed of another grant from the government for
six thousand rixdollars, with a house in Graham's Town for
ten thousand more, and he has various other grants in different
parts of the colony.
" These gentlemen are all farmers, against whom it is folly
for a settler to compete. Their produce is uniformly preferred
to the civilians, and this system has his Excellency's sanction.
Nay, so unblushing is this preference^ that I have had repeated
330 Records of the Cape Colony.
instances stated to me of the foragers being ordered, on the
approach of rain, to desist cutting upon a civilian's land and
repair to the erf of such an officer ; but my own particular
grievance upon this head affords such abundant confirmation
of the facts adduced, that I cannot do better than lay it before
his Lordship in detail."
And although it was not unknown to you that I had received
valuable grants from time to time from the government, yet
you are not aware, nor have considered it necessary to inquire
the amount of the sums at which they have been disposed of
to government ; that under present circumstances you consider
it your duty to inform yourselves of these facts, and also to
inquire whether the officers of the army on the frontier have
been permitted to avail themselves of the labour of the soldiers
of their respective regiments in erecting the houses that they
afterwards disposed of to government.
In reply I beg leave to state, that, at the time of my arrival
on the frontier, in the winter of 1817, there were no officers'
quarters whatever in Graham's Town, where I was then
stationed, nor were there lodgings of any description to be
procured, and the troops were in miserable clay huts erected
in the main street ; that, at the suggestion of the late Lieut.-
Colonel Fraser, I applied to the government for an erf to
build upon, and had one granted to me on condition of paying
the average price for which they had been sold by public
auction, and building a house upon it of certain dimensions.
I remember to have purchased the timber from the farmers
Uving in the vicinity of the forests, and to the best of my
recollection I paid for it about four thousand rixdollars. The
other materials were obtained from different persons, but at
this length of time I am unable to state the prices of each.
As it was at that time considered a material advantage to
Graham's Town that decent houses should be erected, and
there being no mechanics or labourers to be procured on any
terms, I applied to the late Lieut.-Colonel Fraser for permission
to employ the troops to build the house in question, to which
he acceded, judging it far preferable to employ them in so
laudable a manner to their erecting for me a hut, which other
officers had hitherto been allowed ; that in 1819, when his
Excellency the Governor was on the frontier, a house was
Records of the Cape Colony. 331
required for the commanding officer, and mine being the most
eligible I consented to dispose of this house for the sum of
twelve thousand rixdollars, having previously provided myself
by the purchase of a larger piece of ground out of the village,
with a small unfinished house upon it, for which I paid Captain
Harding five thousand five hundred rixdollars, and in which
I afterwards resided until the time I was appointed provisional
magistrate at Bathurst. At that time I appUed to the acting
Governor for a piece of ground out of the then village of
Graham's Town, and his Excellency the Acting Governor
allowed nearly an erf of ground to be added to what I had
purchased from Captain Harding, in order to make it square
with the other parts of the town to which it appeared likely
to become joined, for this ground I again paid the average
price as before mentioned, it being considered equal to an erf ;
that, after my appointment at Bathurst, the acting Grovernor
directed me to make choice of two erven there ; having
inclosed them and gained a few oats by their cultivation, I
lately disposed of both the erven for the sum of five hundred
rixdoUars, which, after paying the expenses, does not amount
to the sum I laid out upon them ; that in the year 1821, when
his Excellency the acting Governor was at Bathurst, and after
he had himself personally examined the grounds in the vicinity,
he requested me to make choice of a piece of the unappro-
priated ground in that neighbourhood, and gave orders to the
surveyor to measure for me one thousand two hundred and
fifty morgen near Bathurst. This grant I lately rehnquished
to government, his Excellency Lord Charles Somerset having
considered it desirable to divide it amongst the locators in the
vicinity. His Excellency the acting Governor also, at the
same time, on leaving the frontier in 1821, advised me to look
out for another piece of unappropriated ground, which he
considered the best method of remunerating me for services
he considered unrewarded. After my return from Bathurst,
the house I bought from Captain Harding requiring repairs, I
judged proper to add considerably to its dimensions ; and
since my appointment to Tulbagh, it being found a desirable
house and premises for the use of the functionaries, it was
purchased by government for the sum of ten thousand rix-
dollars, which sum fell considerably short of what I had paid
332 Records of the Cape Colony.
and expended upon it. In these latter repairs I employed
settlers and discharged soldiers.
From these circumstances it will plainly appear, that instead
of making a fortune, as stated by Mr. Bishop Burnett, I pur-
chased the whole of the property I had in Graham's Town,
and sold it, I beheve I may safely say, without any profit
whatever. It only remains to add, that the latter grant made
to me by Sir Buf ane Donkin I have since sold for six thousand
rixdoUars, but the purchase is not yet completed. I never
had any grant whatever in any other part of the colony. It
is impossible for me to state with accuracy whether the officers
of the army had permission to avail themselves of the labour
of the soldiers. I beUeve the houses erected since the arrival
of the settlers have been bmlt by civil mechanics.
As to the officers aU turning farmers, I can only say that the
green forage I was able to raise was not sufficient for my own
consumption. I am convinced of the great difficulty the
commissariat department had in procuring forage for the
cavalry, and that the pubUc was considerably benefited by
the forage grown in and about Graham's Town, both by the
civiUans, and those of the military who had any to dispose of.
I may safely affirm, that during the time I was on the frontier
there was no other means of obtaining a supply of forage for
the cavalry, the small quantity then grown by the settlers
being of little or no importance. I have &c.
(Signed) C. Trappes.
[Original.]
Report of the Commissioners of Enquiry to Earl Bathurst
upon the case of Lieutenant White.
Cape Town, Cape op Good Hope, 21th October 1825.
My Lord, — In compliance with your Lordship's Instructions
that we should report upon the case of Lieutenant White, a
Settler who emigrated to this Colony in 1819, we beg leave to
explain that from the communications we received from that
Records of the Cape Colony, 333
Gentleman in Cape Town, and from the inquiries which we
subsequently made in the District of Albany it did not appear
to us that his complaints were of a nature to require that we
should make an exception in his instance to the rule we have
found it necessary to observe in regard to the numerous com-
plaints from the Enghsh Settlers that were at that time pre-
ferred to us. When we wrote, to Mr. White from Uitenhage,
we had not become aware, from personal observation, of the
extent of detail that an inquiry into the merits of each indi-
vidual case would involve, and which eventually imposed on
the Colonial Government the necessity of deputing an Officer
for this special investigation.
The object of Mr. White's solicitation to the Colonial
Government had been to obtain an adequate grant of Land,
and we regret that his departure from the Colony previous to
the appointment of Mr. Hayward to investigate the claims of
the Settlers, should have prevented him from bringing forward
his case at a time that the interests of the Settlement occupied
the particular attention of the Colonial Authorities ; never-
theless, we are far from intending to imply that his return to
Europe has invalidated his claim to the consideration of his
Majesty's Grovemment ; and if any reference had been made
to us by his agent. Captain Campbell, at the period that Mr.
Hayward visited the District, we should not have failed to
have ascertained whether the Government might be disposed
to revoke the decision it has passed regarding him.
In transmitting the correspondence that we held with Mr.
White previous to his departure, and in which your Lordship
wiU perceive that we declined to enter into the personal mis-
understanding between Lord Charles Somerset and himself, we
have the honor to explain that he was located in the first
instance at Zonder End River, in the District of Swellendam,
with his Party, consisting of eleven men, four women, and ten
children ; and he appears to have been early impressed with
a conviction of the inadequacy of the Lands assigned to him.
The Resources of the Lands thus selected and purchased
by the Colonial Government, were certainly unequal to the
expectations that had been formed of them. The proportion
of arable Land was very limited, and after some delay, it was
found necessary to offer to the Heads of Parties the alternative
334 Records of the Cape Colony.
of removing to Albany where Lands of unexceptionable quality-
would be assigned to them.
The detention of Mr. White's Party at the Zonder End River
from the month of April 1820 to July of that year, must neces-
sarily have subjected him to much loss, as no Rations were
issued to those parties during a period in which the Settlers in
Albany were thus subsisted.
Mr. White received 1200 acres of Land in Albany, being in
the proportion of 100 Acres for each adult Settler of his Party.
He took possession of this Land in October 1820, and after
residing six months upon it, during which time he made some
improvements and erected a House (which was afterwards
destroyed by Fire) he appears to have accepted employment
from the Government as a Surveyor. In the year 1821 he
solicited, and obtained from Sir Rufane Donkin, a promise
that his Location should be extended, and according to a
Memorandum stated to have been written upon his Memorial
by Sir Rufane Donkin, his claim was " to have priority."
The Memorial of Mr. White was referred to the Landdrost on
the 7th June 1821, as appears from the List that we trans-
mitted with our Report of the 25th May last, and in that
Report we had the honor of explaining to Your Lordship the
injurious delays that subsequently occurred in adjusting the
claims of the numerous Individuals who were similarly situated
with Mr. \\Tiite.
It appears that a misunderstanding had occurred between
Lord Charles Somerset and Mr. White, originating in the
settlement of an account with the Engineer Department
arising from his employment as a Surveyor, and we declined
to enter into the question, both as it was of a personal nature,
and as it did not appear to us to be necessarily involved in the
consideration of his claims as a Settler. Mr. White had resided
some months on the Land after sustaining previous disap-
pointment at the Zonder End, He had accepted an employ-
ment in the Pubhc Service, with the approval and at the
instance of the Acting Governor, who recognized his claim ;
and the Land appears to have been occupied to the latest
period, on behalf of Mr. White, by the Person whom he had
left in charge of it. When therefore he renewed his application
to Lord Charles Somerset in December 1823 for such an exten-
Records of the Cape Colony. 335
sion of his Land as had been sanctioned by Sir Ruf ane Donkin^
and that his Memorial was referred to the Landdrost Mr.
Rivers, we are at a loss to account for the reply of the Land-
drost, that Mr. White " was not entitled to a Grant, not having
resided on, or cultivated his Location, and that on these
grounds he had been induced to leave the name of Mr. White
out of the list which he had been directed to make of the
British Settlers." Nor can we consider this Report from the
Landdrost of Albany a sufficient ground for the decision of
the Governor by which the claim of Mr. White was rejected,
the disappointment of the Settlers having led in numerous
instances to their removal from their Lands in quest of the
means of subsistence. This decision however appears to have
induced Mr. Hayward to abstain (in the absence of Mr. White)
from proceeding to investigate his claim, altho' in the Report
made by him after an inspection of the adjacent Locations,
and also in the decisions of the Governor, the rights of Mr.
White were protected ; and we now find that some Land had
been reserved which will admit of an extension being given to
the original Location.
On the grounds that we have stated, we do not hesitate
therefore to recommend to your Lordship that a grant of this
Land should be conferred on Mr. White, or if he should be
disposed to return to the CJolony, that he should be permitted
to receive a more eligible grant, relinquishing the present one
in favor of the Person who has occupied and improved it.
We have &c.
(Signed) John Thomas Bigge,
William M. G. Colebrooke.
[Copy.]
Letter from Lord Charles Somerset to the Commissioners
OP Enquiry.
Cafe of Good Hope, 21th October 1825.
Gentlemen, — I have the honour to acknowledge the receipt
of your letter of the 22nd instant, requesting to be furnished
336 Records of the Cape Colony.
with copies of any order or instructions transmitted by the
late colonial secretary to the landdrost of Albany, by which
the proceedings that had been carried on by Mr. Robert Hart
against Bishop Burnett were ordered to be suspended, and in
reply to acquaint you, that no instruct.on to the effect aOoded
to has ever been given ; but on a reference to the records in
the Colonial Office, it appears that Mr. Hart having, on the
30th April 1823, complained of dilatoriness on the part of the
sequestrator in executing an edict issued by the Court of
Justice against the property of Bishop Burnett, this complaint
was (as is usually done in such cases) referred to the Court ;
an extract of whose report was transmitted to the landdrost
of Albany, on the 14th of August of that year, for his infor-
mation, as you will perceive from the accompanying copy of
the late Colonial Secretary's letter to Mr. Rivers.
I have &;c.
(Signed) Charles Henby Somerset.
[Original.]
Letter from Bishop Wm. Poynter to R. W. Hay, Esqrb.
4 Castle Strbbt, Holbobn, October 21, 1825.
Sir, — Major General Bourke has communicated to me a
copy of your letter to him of the 21st Inst., in which you say,
that before Earl Bathurst can take Dr. Poynter's request into
consideration (for a suitable allowance for the support of at
least two Catholic Clergymen at the Cape of Good Hope) it
will be necessary that it should be ascert€uned from Dr. Poynter
upon what authority his assertion is founded, that previous to
the capture of the Cape of Grood Hope by the British forces,
there were three clergymen in that Colony, two of whom were
supported at the expence of the Dutch Government.
General Bourke, in his note to me dated the 23rd Inst.,
desired me to send him an answer to this enquiry by last
Tuesday morning, but as I was then out of town, and did not
return till yesterday (Wednesday) evening, and I understand
Becords of the Cape Colony. 337
the General has left town for Southampton, I beg leave to
send my answer to you, Sir, and to say,
That my assertion was founded on the authority of a letter
from the Cardinal Prefect of the Propaganda at Rome, dated
16th August 1806 and addressed to my predecessor the Revd.
Dr. Douglass, (in which the above fact is stated) directing him
to entreat his Majesty's Government to allow the Dutch
Catholic Clergymen to return to the Colony, whom Sir David
Baird had sent from it together with the Dutch Garrison, at
the time of the capture of the Cape ; at the same time Dr.
Douglass was desired to pray that some of these clergymen
might be supported by His Majesty's Government, as they
had been formerly by the Dutch Government. I have &c.
(Signed) Wilt jam Poynter, V.A., L.
[Copy.]
Letter from the Commissioners of Enquiry to Lord Charles
Somerset.
Cape Town, 2%th October 1825.
My Lord, — With reference to the directions that we have
lately received from His Majesty's Secretary of State to
forward to Him, a Report upon the Expenditure occasioned
by the Public Works in the Colony, for the purpose of meeting
certain observations that are expected to be made upon the
State of the Colonial Finances, we have the honor to enclose
for Your Lordship's perusal, a copy of the answer to an Enquiry
that we thought it necessary to address to Lt. Col. Bird, upon
a practice that we had observed to prevail of making Advances
from the Public Funds upon temporary Warrants, drawn before
the Accounts of the Expenditure could be made out and
audited.
From a recent examination of Mr. Jones, the person alluded
to in the above answer, we find that this practice has been
continued, both with respect to the Expenditure incurred in
the Cottage in Government Garden, as well as in the repairs
XXTTT. z
338 Records of the Cape Colony,
and improvements at Camp's Bay, and at the Government
House. We have &c.
(Signed) John Thomas Bigge,
WiTXIAM M. G. COLEBROOKE,
[Original.]
Letter from Lord Charles Somerset to the Commissioners
OF Enquiry.
Cape op Good Hope, 28 October 1825.
Gentlemen, — I have had the honor to receive your letter
under date the 3rd Instant, in which you have been good
enough (with reference to the communication I made to you
on the 23rd August last, on the inadequacy of the Salaries of
those Civil Servants of this Government who had suffered from
the depreciation of the Currency) to enter into the particulars
of the Finances of the Colony, and to point out to me the
difficulties which appear to you to lie in the way of the proposed
arrangement, without incurring an encrease of Expenditure,
which under the present circumstances of the Colony could not
in your opinion be authorized.
I am well aware of the difficulties to which you allude, and
of the deficiency of the present Colonial Revenue to meet the
actual Expences of the Government.
Upon this subject I have already communicated with Earl
Bathurst, and you will perceive by the perusal of the accom-
panying Copy of my letter to His Lordship, that I have recom-
mended, as the only effectual measure to meet the difficulty,
that the Establishment of the Cape Corps should be defrayed
by the Home Government.
I perfectly agree with you that in some of the Departments
of Government a more improved system of administering their
Finances may be introduced, and I trust also that reductions
may be made in many of the Departments in the number of
persons employed, but the compensation m^ade to those
retained must necessarily be largely encreased, as none but
persons thoroughly competent can after such r\eduction be
Records of the Cape Colony, 339
employed, and it is not reasonable to expect that any could be
found to undertake the encreased Duties and perform them
with efficiency upon the very inadequate Salaries now given.
You are well aware of the state of the Burgher Senate and
of the Office of the Sequestrator, and I only allude to them
here as strong instances of the necessity of reorganizing the
one and of adopting measures to prevent the very lamentable
accumulation and arrear of business that has occurred in the
other.
In one branch of the Government, viz. the Orphan Chamber,
I think a considerable saving to the Colonial Treasury might
be made,' without trenching upon the fair claims and rights of
the Chamber. I mean by calling upon it to defray the whole
Expense of its Establishment, and at the same time to continue
to pay in to Government the amount of the Duties on Sales by
Vendue made in that Department.
As to suggesting any means of encreasing the Revenue, I
conceive that the Burthens already imposed preclude the
possibility of doing so by taxation, an encrease of duty how-
ever upon Imports, and a drawback of all Imposts levied upon
Colonial Produce exported, would I think tend greatly to
encrease the prosperity of the Colony. I would therefore
propose to raise the present duty of 3J per Cent on Imports
from Great Britain to 5 per Cent.
Taking the Imports for 1824 the 3J per Cent duty produced
Rds. 97,831 4 sks., which at 6 per Cent would have produced
Rds. 150,510, leaving an encrease of Rds. 52,678 4 sks., which
would more than cover the drawbacks proposed, and should
the Exports encrease so as to make the drawbacks exceed that
Sum, it would be a proof that the System was operating in the
most beneficial manner for the permanent prosperity of the
Colony. I am therefore of opinion that it would be important
to obtain the sanction of His Majesty's Government to this
measure.
In regard to the more Economical Administration of the
District Taxes, I certainly am of opinion that a better system
might be introduced by abolishing the District Chest, by col-
lecting all Taxes of every kind on account of the Colonial
Treasury, and by allowing of no Expenditure of Public Money
in any of the Districts without the previous sanction of Govern-
z 2
340 Recm'ds of the Cape Colony,
ment, and by public Warrant, as is now practised with dis-
bursements of all the Government Offices and Departments in
Cape Town.
On this subject however, as well as on any other which may
apply to the proposed arrangement, and in which it appears to
me the Interests of Government are fully as much concerned
as those of Individuals, I shall be most happy to receive your
suggestions and advice.
I cannot conclude this letter without apologizing for the
delay which has taken place in my reply to your Communica-
tion, and which has arisen from my time having been so com-
pletely occupied within the last fortnight in preparing for His
Majesty's Government numerous Documents in explanation
and refutation of the Petition presented to the House of
Commons by Bishop Burnett. I have &c.
(Signed) Charles Henry Somerset.
[Original.]
Letter from Major General Bourke to R. W. Hay, Esqre.
Southampton, October 2^th 1825.
My dear Sir, — I found your letter of the 25th here on my
arrival last night, but at too late an hour to reply to it by that
post.
I have not a copy of Earl Bathurst's dispatch to Lord C.
Somerset of the 2(>th August last, but as well as I recollect it
contains a summary of His Lordship's views as to the estab-
lishment of a separate Government in the Eastern part of the
Settlement of the Cape of Good Hope, and draws an outline
of the manner in which his Lordship wishes I should be
employed in promoting this object. I am not certain whether
the dispatch alludes to any instructions to be given specially
to me by Earl Bathurst, or whether it is left to Lord C. Somerset
to supply them ; but I submit that for obvious reasons it will
be advisable that I receive them from Lord Bathurst. In
truth from what fell from his Lordship I had conceived that I
was to go out (as I have been gazetted) Lieutenant Governor
Records of the Cape iJolmiy, 341
of the Eastern District, with instructions to proceed immediately
upon the duty of inspecting the Eastern provinces and reporting
to Earl Bathurst upon every matter connected with their
separate Government, unless prevented by being called upon
to take charge of the whole Colony on the departure of Lord
C. Somerset for England. It was under this idea that I took
the liberty of suggesting the third paragraph in the memoranda
left with you on the 30th ultimo.
Under the same idea of being destined for a separate Govern-
ment, I stated in my letter of the 27th ultimo the inexpediency
of my taking a seat in the Council now established at the Cape,
or of taking upon me in either the civil or military departments
any of the duties formerly discharged by the Lieutenant
Governor at the Cape who had no separate Government in
view. Lord Bathurst agreed with me in this particular, except
as to the propriety of my abstaining from Council when in Cape
Town, and on this point his Lordship was so good as to say he
would give me his instructions and also a written answer to
the other matter contained in my letter. I have only to add
on this head, that if it shall be judged right to place me in
Council, I should naturally take the second place ; and conse-
quently the order of the King under which the Council has
been formed will require new modelUng in this particular, for if
I take my seat, as you suggest, as " the officer next in command
of the troops to the Governor," (according to the wording of
the existing order) I should rank after the Chief Justice and
Colonial Secretary, which could not have been intended.
With regard to the military part of my duty to which you
allude, it is simply this. I am directed by the Adjutant
General to place myself under the command of General Lord
C. Somerset. The exercise of military command over me if I
am to be considered as Lt. Governor in a separate Government,
will however amount to little more on the part of the Governor
than allotting the number and description of Troops to be
quartered in the Eastern District and the moving or relieving
them at his pleasure, as is now practised in Canada. The
former Lieutenant Governors of the Cape, who were either
themselves Commanders of the Forces or second in command,
usually had the Troops brigaded under their orders and were
considered responsible to the Governor for their discipline and
342 Records of the Cape Colony,
conduct. If shortly after my arrival at the Cape I am to be
employed in inspecting the Eastern Provinces, whether under
Lord Bathurst's or Lord C. Somerset's instructions, it is
evident I cannot sufficiently attend to this duty, and therefore
I suggested the propriety of not interfering with the senior
regimental officer in Cape Town, to whom it is now entrusted.
If I am to be honored with Lord Bathurst's instructions,
allow me to call your attention to the 4th paragraph of the
Memoranda of the 30th ulto., as I confess I see great difficulty
in the formation of a second Government at the Cape in the
present state of its finances.
I have availed myself of your permission to enter into this
explanation, and have gone to this length for the purpose of
obviating any future misunderstanding. I have &c,
(Signed) Richd. Bourke.
[Copy.]
Letter from the Secretary to Government to Dr. James
Barry.
CoLONiAi. Office, 2Wi October 1825.
Sir, — I am directed by His Excellency the Governor to
transmit to you an Extract from the proceedings of a Council
held yesterday, containing the Opinion of Council relative to
the Medical Department now under your superintendance.
And I have to acquaint you that it is His Excellency's intention
to abolish the Office of Colonial Medical Inspector and to
reappoint the Supreme Medical Committee from the 1st of the
ensuing month of November. I have &c.
(Signed) Richd. Flasket, Secretary to Government.
Records of the Cape Colony. 343
[Original.]
Letter from Mr. Charles D'Escury to Earl Bathurst.
Cape of Good Hope, 29th October 1825.
My Lord, — I beg leave to acknowledge the receipt, within
these few days, of the letter Your Lordship has done me the
honor to write, dated 30th May 1825. With unfeigned regret
I perceive that Your Lordship still retains the opinion that I
had intentionally brought forward charges against His Excel-
lency the Governor, from motives so unworthy as those of
private resentment. I had entertained the most sanguine
hopes that the two letters addressed by me to His Majesty's
Commissioners of Inquiry, on the 29th and 31st of May 1824,
would have had the effect of perfectly convincing your Lordship
that the several documents transmitted by me relative to the
Land Tenure in this Colony had nob in the remotest degree
for object the investigation of the past, with the view to attach
blame anywhere, but simply to regulate for the future, which
the occasion of the appointment of a Commission for inquiring
into what demanded reform seemed expressly to require ; and
so anxious was I that Your Lordship should not misconceive
my motive, that in my conveying letter to Mr. Wilmot Horton,
on the 16th of March 1823, I distinctly said, that " I trusted
nothing invidious could be attached to what I had stated,
which I begged might be considered, not as charges preferred^
but as circumstances deduced in support of the ground I had
taken." And at the same time, in order to guard against the
paper that relates to the Agricultural Establishment here,
which was sent together with those on the Land Tenure (a
circumstance I had accounted for before) being considered as
connected with the latter, I said in the same letter " I have
now added the particulars relating to the Government Farms
at the Groote Post, which bdong to the papers I have had the
honor of enclosing to you on the 22d of Fd)ruary Ubst^ And
also in that part of the said paper to which Your Lordship
directed the attention of the Commissioners, I had purposely
stated that, the circumstances there adverted to must be
considered " only as accidental coincidences,^^ which was meant
344 Records of the Cape Colony,
by me in order to prevent any undue motive being considered
to be implied in what I then adduced merely in illustration.
I must crave Your Lordship's indulgence for this trespass on
Your Lordship's attention, but I should ill evince the value
and importance I attach to Your Lordship's favourable con-
sideration of my conduct if I had not once more endeavoured
to explain this point.
May I now be further permitted, in vindication of my own
character, and in justice to others, most solemnly to declare
to Your Lordship that, in whatsoever I have said or done,
with respect to the Communications alluded to, I have not
directly, nor indirectly, acted under the influence, nor even
with the previous knowledge of any man, on the contrary, I
have intentionally, and cautiously avoided communicating
with any one on the subject, because that conceiving that I
was conscientiously discharging an unpleasant duty (that of
recommending a greater check to be put on the Executive
Power in this Colony) I would not expose any other person to
be involved in the responsibility that might attach to it.
Highly flattered and gratified however on the other hand,
by Your Lordship's approbation of my official conduct and
general deportment, as represented by His Majesty's Com-
missioners, I beg most respectfully to assure Your Lordship
that it shall ever rank foremost in the objects of my ambition,
by perseverance in the same course, to merit the continuance
of Your Lordship's favourable opinion and protection. With
the greatest respect &c.
(Signed) Chs. D'Escury.
[Original.]
Lttter from Mr. D. P. Francis to R. W. Hay, Esqre.
5 Jeffreys Street, Kentish Town, 2^th October 1825.
Sir, — In consequence of the Report of the Commissioners of
Inquiry at the Cape of Good Hope upon my Case as a British
Settler being of so different a Character to what I anticipated
and conceive had a right in justice to expect, I beg to be
Records of the Cape Colony, 345
informed whether I am intitled to a Copy of the Evidence
and Report upon the Case in question.
If I am I request to be furnished with a Copy at your early
convenience.
I trust such a request as the above will not be deemed
unreasonable, as I think in justice I ought to have the oppor-
tunity of ascertaining whether or no the Individuals I named
to the Commissioners have been examined upon Oath as I re^
quested they should be, to support or disprove my Statements.
As I conceive that it is a duty I owe to myself to shew that
I have nob made false or grouncUess complaints against anyone^
I hope this request will be complied with. I have &c.
(Signed) D. P. Francis.
[Copy.]
Letter from the Commissioners of Enquiry to the Secretary to
Government,
Gbaave Street, 31 October 1825.
My dear Sir, — It has been currently reported in Cape
Town, and we have reason to believe upon the authority of
Dr. Barry, that in one of the Interviews that he had with you
during the investigation of the state of the Gaol by the Fiscal^
an expression fell from you in answer to his declared intention
of laying the circumstances of the case before us " that if he
did so it would be his certain ruin, and that he would be imme-
diately dismissed from his situation."
As we are very reluctant to beUeve that these expressions
have been used by you in the sense in which they have been
represented to have obtained currency, and at the same time
as we sensibly feel the effect that they must have upon our
public character and station in the Colony and the probability
of their being reported to your Prejudice elsewhere, we hasten
to state them to you, as they have been represented to us, and
shall await, not without anxiety, the explanation that you
may wish to afford. We beg &c.
(Signed) John Thomas Bigge,
W. M. G. COLEBROOKE.
346 Records of the Cape Colony,
[Copy.]
Letter from the Secretary to Government to the Commissioners of
Enquiry,
Office, Monday afternoon, 31 October 1825.
My dear Sirs, — I have just received your private and
confidential Note and hasten to reply to it.
About two or three months since Dr. Barry called upon me,
and in stating some circumstances relative to the Fiscal or his
Department which had occurred in the execution of some
enquiry or inspection at the Prison which he had undertaken
by authority of Government (I really forget what the subject
was) Dr. Barry stated that he should report this to the Com-
missioners of Inquiry, to which I replied that it was his duty
to report them to Government, and not to the Commissioners
of Inquiry, and upon his repeating his intention, I told him
very candidly that if I were Governor, and any Government
Officer reported to the Commissioners instead of reporting to
Government upon any matter that he was desired by Govern-
ment to investigate into, that I would dismiss him from his
situation. But I beg leave to say that I never used the
Governor's name, and merely gave it as my own opinion, and
which I still most decidedly maintain. I never even mentioned
the subject to Lord Charles.
As to the investigation of the state of the Gaol by the Fiscal
having anything to do with it, you will perceive from the date
that it was long before these Proceedings commenced. And
as to Dr. Barry's affording you any general information upon
the state of any Department (which had nothing to do with
the conversation with me) I am of opinion that unasked for
he ought not as a Government Officer to do it but through the
Government. If asked for it becomes his duty to do so
without reference to Government.
These are my opinions with regard to information given to
you as Commissioners of Inquiry by Government Officers, and
I have not the smallest wish to conceal them from you, or
from the Governor or from Lord Bathurst, tho' I do not
believe I ever mentioned the subject to any one.
Records of the Cape Colony, 347
I shall, with your permission, transmit copies of your note
and my reply to Lord Bathurst.
Many thanks for the manner in which you have communi-
cated with me. Very faithfully yours,
(Signed) Richard Flasket.
I have written this in a hurry, but I hope to-morrow to be
able by referring to Dr. Barry's correspondence with Govern-
ment to state more precisely what was the subject that led to
my remark.
[Copy.]
Letter from BLarby Rivers, Esqbe., to the Commissioners of
Enqotry.
SwELLENDABC, Zlst October 1825.
Gentlemen, — I have the honour to acknowledge the receipt
of your letter of the 28th instant, enclosing an extract from a
statement of Mr. Bishop Burnett, in which he alleges, that
after declaring he had no property to offer in payment of a
sentence that had been obtained against him by Mr. Hart, but
that he had a claim on the commissariat for grass supplied by
him to the Cape corps, which would more than cover the
amount, I declined receiving the claim on his formally tendering
it in payment of the sentence ; and I have the honour, in reply
to your questions thereon, to state that I do not recollect Mr.
Burnett making any such tender to me, as agent of the seques-
trator, of his claim on the commissariat in payment of the
sentence which had been sent to me for execution, but Mr.
Burnett declared to me on oath that he did not possess any
property whatsoever, having assigned every thing to Messrs.
Ebden and Eaton, to whom he then only acted as agent,
which declaration I reported to the sequestrator.
Mr. Burnett has however, on several occasions, stated to me
that he had such a claim, which had not been admitted by
the officer commanding the Cape corps, or the commissariat,
and for the recovery of which he had unsuccessfully instituted
proceedings before the Commission of Circuit in October or
348 Records of the Cape Colony.
November 1821, three months previous to his unqualified
declaration of possessing no property which he could assign in
payment of the sentence in force against him, and under these
circumstances a return or report to the sequestrator of such a
claim could not be made.
I have no recollection of any such protest as that stated by
Mr. Burnett, but if he presented it I could not but have received
it, and I am confident it will in such case be found among the
documents in the sequestrator's department at Graham's
Town.
In reply to the latter part of your letter I have the honour
to state, that I recollect Mr. Buissinne, one of the commissioned
members of the Court of Circuit in 1822, stating, after having
questioned me as to the then state of the proceedings in
the sequestrator's department at Graham's Town against Mr.
Burnett, that he knew the subject of Mr. Burnett's insolvency
had lately been under the consideration of goverHment in
consequence of some alleged irregularity, but I do not recollect
his stating in what the irregularity consisted.
I beg to state that I have answered your inquiries from
memory, not being in possession of any of the documents of
the sequestrator's department in Albany. I have &c.
(Signed) Harry Rivers.
[Copy.]
Report of Messrs. Truter and Borcherds to the Chief
Justice.
Cape Town, ZUt October 1825.
Sir, — We have the honour to acknowledge the receipt of
your letter of the 1st instant, enclosing one from the secretary
to government of the 22nd September last, calling for a full
elucidation respecting some serious reflections which Bishop
Burnett had made with regard to us, as having constituted
the Court of Circuit in the year 1823, 4n a petition addressed
by him to the House of Commons, together with an extract
from said petition, and requiring from us an ample report of
Records of the Cape Colony, 349
the proceedings held, in order to enable your Honor to give
the required elucidation to his Excellency the Governor and
Commander-in-chief.
Conformably thereto, we have the honour to return the
above-mentioned letter and extract from the petition ; and
to report, —
That on our arrival at Graham's Town in the year 1823, we
received a list of the civil cases to be brought before us, on
which we found entered, svb Nos. 4, 5, 6, 7, 8, 14, 15, 16 and
17, the following cases, —
Three of Burnett versus Hart ;
One of - Ditto - versus Ditto and the Sequestrator ;
One of - Ditto - versus Sequestrator ; and
Four of Hart - versus Burnett;
as will appear by the extract of said Ust hereunto annexed.
From an inquiry and statement of the district clerk, it
however appeared that some of these actions were spUt, and
comprehended the same object of dispute, and that therefore
it would be more regular to combine these in one ; which
having observed to the parties, in the course of the proceedings,
we, with their concurrence, combined the cases 4 and 6, 5 and
8, and 16 and 17, so that by this arrangement the following
actions subsisted between the parties : —
(A.) — Hart versus Burnett, for the cancelling of a lease of
the place named Doom Valley, situated near
Graham's Town, executed before the notary public,
F. H. Staedel, and witnesses, on the 13th June
1820, and for an ejectment from said place.
(B.) — Burnett versus Hart, lot giving an illegal warning to
quit the place Doom Valley, taken by the plaintiff
from the defendant, and a positive order to quit
said place in the month of April 1823.
(C.) — Burnett versus Hart and the Sequestrator, for damages
for illegally conspiring to drive him from the place
Doom Valley, in the month of July 1822.
(D.) — Hart versus Burnett for debt, for two years rent of
said place, from the 15th May 1821 to the 16th
May 1823.
350 Records of the Cape Colony,
(E.) — Hart versus Burnett^ for damages, for illegally taking
away a number of fruit trees from the place Doorn
Valley, and for breaking down or otherwise destroy-
ing two buildings erected on said place.
(F.) — Burnett versus Hart, for defamation.
On an examination of the records of the Court of Circuit of
1822, we found that the case entered No. 14 on the list had
been already brought before that Court, and that the following
disposition had been given : " The Court postpones this case»
as it has appeared that the defendant Burnett has not had
proper time to prepare himself for his defence." And for
this reason we judged it expedient, pursuant to the 13th Art.
of the Proclamation of the 10th May 1811, to commence with
the trial of this case, but being informed by Burnett that he
had arranged his statement according to the order of the oases
as they were entered on the list, we resolved not to decide on
any one of them until the parties should have been heard
in all.
The cases were all accordingly brought forward in the order
we prescribed, and the parties had the fullest opportunity of
advancing everything they wished, in the several actions
pending between them, till that at last the personal remarks
of Burnett having undergone our censure, he, towards the
conclusion of his defence, declined to read any farther, as will
appear from the records. Having maturely deliberated on all
the circumstances, we, on the 6th November 1823, came to
the following decisions : —
In the case (A.) — As Bishop Burnett had failed in the
payment of the yearly rent of the place Doorn Valley, con-
ditioned for in the lease of the 13th June 1820, confirmed by
a subsequent certificate from the former secretary, Staedel,
dated the 23rd September 1823, {vide the Exhibits filed in the
proceedings,) we adjudged that Hart was entitled to the
possession of the place Doorn Valley, and therefore that
Burnett should immediately quit, with authority to the
landdrost, if necessary, to carry this sentence into execution
forthwith, and condemnation of Burnett in the costs, subject
to the taxation and moderation of the board v of Landdrost
and Heemraden there. \
Records of the Cape Colony, 351
In the case (B.) — ^As we conceived that the warning to quit
was well and legally given, because the rent was not paid at
the stipulated time, we rejected the claim against Hart, with
the costs.
In the case (C.) — ^As the question was of great importance,
as well to Burnett as to the sequestrator, we resolved, pursuant
to the 43rd art. of the Proclamation of the 16th May 1811, to
reserve the decision to the full Court, by which disposition
Burnett gained a particular advantage, as having obtained
time to provide himself with proofs of his solvency, which he
could avail himself of, in case the exception proposed by the
sequestrator should be rejected.
In the case (D.) — ^We decided that Hart should be paid the
rent stipulated for in the lease, and therefore Burnett was
condemned to the payment of R, 600, with the interest since
the 25th May 1822 (being the pay-day), and also to the payment
of a like sum of R, 600, with the interest since the 25th May
1823, and the costs.
In the case (E.) — We were of opinion that Hart had not
shown sufficient grounds to demand damages for carrying
away fruit trees, or destroying of buildings, but that he was
entitled to the rent of the place from the 25th May 1823, to
the day that Burnett should quit ; and we declared that
Burnett could suffice with the payment of the rent to Hart
and the costs, and rejected the further claim of Hart for
damages.
And finally, the case (F.) was not proceeded in any farther
at the instance of Burnett. From all these decisions Burnett
immediately noted appeals to the right honourable Court of
Appeals without having prosecuted any of them.
Previously to giving these decisions, we did not omit taking
into consideration the documents filed in the commencement
of the proceedings which are noted in the records, and especially
the extract resolution passed by the Court of Justice on the
6th September 1823 ; a letter from the Sequestrator, dated
10th September 1823, and govern.ment letter of the 14th
August 1823, on the subject of the memorials of R. Hart and
Charles Stone ; the former complaining of delay in the execu-
tion of a sentence against B. Burnett, and the latter as a
creditor in the estate of Bennett, which could not be Uquidated
352 Records of the Cape Colony,
on account of a debt of R, 2,500 due to it by Burnett. We
also read the memorials of J. Devenish and James Carney,
like\¥ise complaining of delay in the execution of sentences
which they had obtained against Burnett, and finally, a report
from the sequestrator on the memorials of Hart and Stone ;
and all these documents made us resolve, previously to the
adoption of any measures in this regard, to direct the landdrost
of^Albany, as the agent of the sequestrator, (the secretary,
who was the agent of the sequestrator in 1823, not being then
on the spot,) to send in to us a report of his proceedings con-
cerning the execution of the sentences against Burnett, and
also a copy of the inventory of Burnett's estate mentioned in
a letter from him, the landdrost, to the sequestrator, dated
10th May 1822.
On receiving that report, with the documents annexed to it,
we found that Burnett had not only frequently declared,
under offer of oath, that he did not possess any thing (vide
among the documents extract from the landdrost's journal,
dated 31st October 1821, and letter dated the 6th November
1821), but that he had actually made oath repeatedly to the
same effect, as will appear by the declarations of the 3Qth
March and 9th July 1822 ; and also, that he had assigned
over his property to only one of his creditors ; so that we
found ourselves obliged to take some step to secure the re-
mainder, which according to the inventory was trifling, and
at once to be enabled to ascertain the true state of the estate.
We therefore directed the landdrost to summon said Burnett,
at the utmost within eight days, before commissioned Heem-
raden, in- order still to make a retiu*n of property ; and in
case of the return being insufficient, or Biu*nett refusing to
appear, immediately to take an \nventory of all his property
of whatever nature, and thereupon to forward the return of
inventory forthwith to the sequestrator^ or to his agent, in
order to proceed to execution ; further directing the landdrost
as B. 0. prosecutor^ to make inquiry into the charge preferred
by Charles Stone against Biu^nett of fraudulent conduct with
respect to his creditors, and to proceed therein as he might
deem advisable, leaving to the creditors, in case of any defi-
ciency on their claims, to take such steps for the maintenance
of their good right as they might think proper ; the term of
\
\
Records of the Gape Colony, 353
«ight days having been an indulgence to Burnett, to afiEord
him an opportunity of making an arrangement with his
creditors ; and finally, we granted a copy of Burnett's written
•defence, as containing insults to, and charges against the con-
stituted authorities, to His Majesty's fiscal, in order that he
might act therein, as he, by virtue of his office, should deem
meet. We therefore trust ,^ that by comparing what we have
stated above with the proceedings held, and the documents
filed therein, it will clearly appear to your Honor, —
jmo "pjjat the arrangement of the cases was not made
arbitrarily, but with the concurrence of the parties, towards
the promotion of regularity, and a better understanding of the
diflEerent questions pending between them. ^
2^®. That even if Burnett had fully proved his solvency in
the case (A.) no other decision could have been given, the
sentence being founded on the doctrine of S, Van Leeuwen,
laid down in his Commentaries on the Roman Dutch Law^ hook 4,
part 21, § 7, in finem.
3****. That the sentences in the cases (B.) and (D.) on the
grounds of the same doctrine, must have followed as the
necessary consequence of the stipulations of the contract.
4^. That in the case (E.) the sentence regarding the costs
was given on the grounds that Hart was entitled to rent for
the place Doom Valley, from the 25th May 1823 to the day
that Burnett should quit.
6*®. That in the case (C.) the decision was reserved to the
full Court, on account of the importance of the question,
where Burnett would have every opportunity, in case the
exception of the sequestrator should be rejected, to plead and
advance every thing he might wish respecting the advertizing
of his insolvency in the Gazette, and the sequestrator also to
defend himself ; and that it would have been a great injustice
to have deprived the sequestrator thereof, because we found
that he was not properly represented at Graham's Town, in
consequence of the absence of his agent, and also was not
specially cited to appear.
6^. That Burnett, notwithstanding the favourable disposi-
tion of the Court of Circuit in 1822, did not produce any further
proofs to us of his solvency.
T. That Burnett, having noted an appeal, he regvlarly
XXIII. 2 A
354 Becords of the Cape Colony,
should have prosecuted the same before the Court of Appeals
here, within twelve weeks^ pursuant to the 66th and 60th Art.
of the Proclamation of the 16th May 1811, and which he could
have then carried further to the King in Council.
8®. That the measures adopted on the memorials of Hart,
Stone, Devenish, and Carney, after having heard the report of
the landdrost had no other objects or tendency than to give
effect to the 62nd and 63rd Articles of the Sequestrator's
Instructions, and for once to show the real situation of Burnett's
estate, and also to prevent that the holders of legal sentences,
the creditors, or other interested parties, should be no longer
kept back from their own by a pretended and unproved solvency ^
which was the more necessary, as the landdrost's report
confirmed Burnett's insolvency in our eyes.
9**. That the order to the landdrost to inquire into the
charge of fraudulent conduct preferred by C. Stone, so far
from inculpating Burnett, on the contrary afforded him an
opportunity, if innocent, to vindicate himself ; for at all
events it did not contain any decree for a provision of justice.
10°. And finally, that the accusations and indirect charges
against the constituted authorities, contained in Burnett's
written defence, must have called our attention, so that we
found ourselves obliged to take at least the mildest step,
namely, of bringing it to the cognizance of him, who by the
17th article of his instructions, is charged with the maintenance
and protection of all the high and low authorities in the colony.
We shall now conclude with assuring your Honor, that in all
our proceedings in this case we have had no other object in
view than to maintain and administer justice, as men of
honour, to the best of our ability, and according to our con-
sciences ; and we solemnly declare, on the oath taken by us
on entering on office, that we were not further acquainted
with the disputes between Burnett and Hart, previously to our
arrival at Graham's Town, than what appeared from the
records ; that we never before had any connection or trans-
action whatever with the parties ; that even their persons
were totally unknown to us ; and that (if it were necessary to
say so) no attempt was ever made by the colonial government
or any individual belonging to it, either directly or indirectly^
to influence our proceedings in this case.
Records of the Cape Colony. 355
Hoping that we have herewith enabled you to comply with
his Excellency's desire, and referring to the records held, an4
documents filed in this case, we have &c.
(Signed) P. J. Truter,
P. B. BORCHERDS.
The foregoing is a true copy of the original report, trans-i
mitted by Sir John Truter for the perusal of the Commissioners
of Inquiry, 21st November 1825.
(Signed) John Gregory, Sec,
[Original.]
LMer from Lord Charles Somerset to Earl Bathurst,
Gaps of Good Hope, 1^^ November 1825.
My Lord, — I have the honor to transmit to Your Lordship
copy of a letter which I have deemed it necessary to address to
the Secretary to the Master General of the Ordnance, praying
that Lieut. Hope of the Royal Engineers, who has been for
some time past acting as Surveyor in the district of Albany^
may obtain leave of absence from his Corps until he hus finished
the important duty of fixing the Boundaries of the Lands
granted to the British Settlers, and which from the experience
he already has of the local situation of those Lands from actual
inspection can I trust be accomplished by him within a few
months, whereas if he were recalled, and a new Surveyor
appointed, it would take as many years to complete this
important duty.
I trust Your Lordship will be kind enough to use your
influence with the Master General of the Ordnance on this
point of Public Colonial Service. I have &c.
(Signed) Charles Henry Somerset,
2 A 2
356 Records of the Cape Colony,
[Enclosure in the above.]
Cape of Good Hope, October 25ih 1825.
My Lord, — I have the honor to transmit a letter I have
received from Lieut. John Hope, Royal Engineers, praying for
twelve months leave of absence to remain in this Colony.
As Lieutenant Hope is not attached to the army on this
station, I should have returned his letter to him for the purpose
of being transmitted by himself for the consideration of His
Grace the Master General, as it might be construed into an
undue interference on my part, but as his departure from the
Frontier of this Settlement previous to the completion of the
duties which have been entrusted to his charge, would seriously
impede the Public Service, and be extremely injurious to the
interests of the British Settlers, Lieut. Hope having been
employed to assist the Civil Commissioner in fixing the Boun-
daries of the respective Locations and which have been subse-
quently confirmed by me, which very arduous and tedious duty
"would have to be gone through again, I trust His Grace will
be pleased (on this public ground) to allow Lieut. Hope to
X5omplete this duty previous to his return home.
I have done myself the honor to state the peculiar circum-
stances that rendered it so desirable that Lieut. Hope should
X5omplete these duties to Earl Bathurst who will, I doubt not,
communicate with His Grace the Master (Jeneral on the
subject.
I was induced to appoint Lieutenant Hope to the Service
above named from the obliging manner in which His Grace
was pleased to sanction his holding the appointment of Sur-
veyor to the District of Albany, communicated in .Your Lord-
ship's letter addressed to General Mann, dated 24 September
1823. I have &c.
(Signed) Charles Henry Somerset.
The Right Honorable
Lord Fitzroy Somerset, K.C.B.
Records of the Cape Colony, 357
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst,
Gape of Good Hope, 1 November 1825.
My Lord, — I have the honor to transmit to Your Lordship
Copy of a Proclamation which has been passed in Council and
promulgated here, for separating from the office of His Majesty's
Fiscal the Superintendance of the Police, and of another one
passed on the same day detailing the Duties to be entrusted iix
future to the Department of Superintendant of the Police.
I have no doubt that this arrangement (which is one that I
have long wished to accompUsh) wiU prove highly beneficial to
the Colony. The duties of His Majesty's Fiscal, under the old,
Dutch system, were so numerous and have as the population
encreased so greatly augmented, and were in some instance^
so incompatible with each other, that there has always been an
ill feeling in the minds of the public and particularly of the^
British Residents, against this department.
The Commissioners of Enquiry are perfectly alive to the
necessity of a change in this office, and will no doubt have^
reported to Your Lordship on the subject.
The additional Expence attendant upon this arrangement
will be but trifling, and will be explained to Your Lordship with
the next quarterly report on the appointments and changegi
which have occurred under this Government. I have &c.
(Signed) Charles Henry Somerset,
[Copy.]
Government Minute,
ffis Excellency the Governor has been pleased to abolish the
Office of Colonial Medical Inspector, and to re-establish the
Supreme Medical Committee, which was originally instituted
by Proclamation under date 24th April, 1807, with Power and
Authority to carry into effect the Provisions contained in the^
Proclamations of 24th April and 18th August, 1807, as revise^
858 Records of the Cape Colony,
and corrected by the subsequent Proclamation of 26th Sep-
tember, 1823 ; and to exercise all the Duties which were by
that Proclamation, or which may since have been attached to
the Office of Colonial Medical Inspector.
Cape of Good Hope, \9t November, 1825.
By Command of His Excellency.
(Signed) R. Plasket, Secretary to Government,
[Copy.]
Letter from the Commissioners of Enquiry to the Secretary to
Government,
Gbaave Street, lat November 1825.
My dear Sib, — Since we had the pleasure of receiving your
letter of yesterday's date, we have seen Dr. Barry and re-
quested him to state to us distinctly the subject of the com-
munication he had with you and that had given occasion to the
Expression that had reached us. He states that in consequence
of the Judicial Decree that had been issued against him for
refusing to answer the Interrogatories of the Fiscal under pain
of imprisonment, he had repaired to your Office, and after
stating the circumstances in which this decree placed him, he
declared that as it was a matter of public concern in which any
Officer of the Government who was called upon to make a
Report upon a particular subject of investigation might be
exposed to the same embarrassment and difficulty in which he
was then placed, and as he understood that the Governor had
expressed doubts respecting the necessity of his answering to
the Interrogatories of the Fiscal, he should, in such case, bring
the circumstances of his situation to the knowledge of the
Commissioners of Inquiry, not as a matter of complaint, but
as requiring their cognizance for the benefit of those who might
hereafter stand in a similar situation. To this observation Dr.
Barry states that you replied " Then if you do. Sir, you shaD
be dismissed from your situation."
As we have very little doubt that this de^laratioii has been
\
V
Records of the Cape Colony, 359
<50upled in the public mind with the recent retirement of Dr.
Barry from the situation that he held, we certainly feel very
desirous of being able to contradict it or to place it in any other
point of view than that in which it has been represented to us.
We beg to remain &c.
(Signed) John Thomas Bigqb,
W. M. G. COLEBROOKB.
[Copy.]
Letter from the Secretary to Government to the Commissioners of
Enquiry.
let November 1825.
My dear Sibs, — I have received your note of this morning
in which you have given me Dr. Barry's statement of the
circumstances which led to the observation I made about his
being dismissed from Office, and I have not the least hesitation
in saying that Dr. Barry's assertion is totally and completely
unfounded in fact, and I fortunately have sufficient proof that
it is so.
So far from Dr. Barry having communicated to me what
had taken place between him and the Fiscal, the first intimation
I had of it was when Lord Charles sent for me to Government
House to be present at an audience which Dr. Barry in con-
junction with Mr. Kekewich, Judge of the Vice Admiralty
Court, had requested of His Lordship, when Lord Charles put
into my hands a letter he had received from Dr. Barry sent
direct to His Excellency and not officially through me, stating
what had occurred. And on Mr. Kekewich and Dr. Barry
coming into the room, after a short conversation, Lord Charles
asked me my opinion. I stated that I thought the Fiscal was
decidedly wrong in having called upon Dr. Barry to swear to
an Official Report he made to Government without the previous
sanction of Government and proper intimation to Dr. Barry ;
but I stated at the same time that I thought Dr. Barry was
equally wrong in not attending the summons (as I thought
360 Records of the Cape Colony.
had been the case), to which Dr. Barry replied " I did attend,"
you do not know what passed ; and he then put into my
hands the correspondence and proceedings that had taken place,
and which was the first information I had of the nature of
those documents. I beg to refer, if necessary, to Mr. Kekewich
as well as to Lord Charles as to the correctness of this part of
the Interview.
Indeed Dr. Barry's letter to the Governor, of which I enclose
a copy, will confirm my statement. He never alludes to any
previous communication with me or with Government, but
states the circumstances and says he has been advised to
submit his case to His Excellency.
As to Lord Charles having expressed any doubts upon the
subject of the Fiscal's proceedings, and to Dr. Barry stating
that it was in consequence of such doubts he had deemed it
necessary to refer to you, all I can say is that no such con-
versation nor any other having the slightest allusion to it ever
passed with me.
From the first moment I heard of what had actually occurred
(which was as above mentioned) I expressed my conviction
that the Fiscal was in error, and that Officer will tell you the
long argument I held with him in endeavouring to convince
him that he was wrong and that he had mistaken throughout
the intentions of Government.
Had Dr. Barry, instead of tearing the Fiscal's first summons
and throwing it into the Messenger's face, reported to Govern-
ment officially the nature of the transaction, the whole of the
proceedings would have been immediately put a stop to, as
the Government was perfectly ignorant of what the Fiscal was
doing, or would immediately have set him right. But he
preferred to consult his private friends. I remain &c.
(Signed) Richard Flasket.
P.S. It strikes me on recollection that the period when I
made the observation to Dr. Barry was on his stating to me
verbally what had taken place on his examination of Aaron
Smith, the lunatic, wherein he spoke of the brutality of the
Dienaar, and this was the point I think, he said he would
report to you, and which after my conversation with him, if I
am correct, he reported officially to Government in his letter
liecords of the Cape Colony, 361
of 26th August. I cannot be perfectly sure of this, but I am
satisfied it was about that period, as I stated in my first note
to you.
(Signed) R. Flasket.
[Original.]
Letter from the Secretary to Government to R. Wilmot
HORTON, ESQRE.
Cape op Good Hops, let November 1825.
My DEAR Sir, — You will have heard that Lord Charles has
decided on returning to England to meet in person the numerous
charges which have been brought against him. I have strongly
advised him so to do, being convinced from the personal and
vindictive feelings which actuate his accusers, that nothing but
being himself on the spot can enable him to explain away or to
refute the unfounded or exaggerated statements that are and
will be made against him.
Sir Rufane Donkin will lead them on, and Colonel Bird is
gone home full of this revengeful spirit, and of personal hostihty
to join the party.
Independent of the necessity of Lord Charles meeting the
charges which may arise from these feelings in person, I think
after what took place in the House of Commons, that the fact
of his refusing to take advantage of the leave of absence
granted to him would in itself have created a very strong
impression against him in England.
He has been very much hurt at the letter he has received
from Lord Bathurst relative to Mr. D'Escury's business, not
having seen the Report of the Commissioners in this case, I
cannot judge of its merits, but it certainly does appear to me
that too much stress is laid upon the value of a grant of land
in this country as connected in these proceedings with the
sale of a horse. A few years ago every man who had possessed
himself of Government land, without leave or authority of
any kind, was requested by proclamation to come forward and
to state what they wished to have measured off for themselves.
Z<2
lUicordi of the Cape Colony,
Since that peiiod a pedtKMi to Govemineiit from whomsoever
it maj ccMne, if the petiticHier has any stock or means, is
eafficient to obtain a grant of land, proTided no one had
pf^rioas^lj asked for it. The petition is referred as a matter
<rf course to the Landdrost, who orders it to be inspected and
surveyed, and unless some objection be stated by him or the
Inspector of Lands, to whom it is sabsequently referred, as to
poblic roads or water coorses, the grant is made as a matter
of conree, and the only point to settle is the quit rent, which is
very low indeed. In fact, tho' we call it a grant, they look
upon it as a purchase, because before they can get it they
most pay the expenses of survey, which are very heavy indeed,
and may be calculated at the lowest at ten years of the rent,
and the lower the rents are the expenses of survey are pro-
portionally higher. There is not a single post £rom the interior
that does not bring a dozen petitions for land.
It is very true that since the arrival of the Settlers the land
in Albany and in other districts where they have been located
has considerably risen in value, but the transaction in question
took place long before the Settlers were established.
The worst of the business is that while Lord Charles is
acquitted both by Lord Bathurst and by the Commissioners
of having been at all implicated in the misconduct of the
Agent Mr. Poggenpoel, Mr. D'Escury who has received some
communications from your office, of which Lord Charles is
ignorant, walks about the town in triumph, and states that he
has received the most satisfactory letters from Lord Bathurst,
which naturally leads people to conclude that his chstrges
against Lord Charles have been fully substantiated.
I have no doubt that Lord Charles, from his fondness for
horses, entered into the system of breeding and selling from
public motives, and for the benefit of the Colony. The risks
of importation from England never could warrant private
speculation for profit, and however much the system may be
disapproved of, and I have nothing to say on this point, he
ought at all events to have the benefit of such motives, and to
be tried on such grounds. It was scarcely possible for him to
sell a horse to any Colonist who had not a petition in the
public offices for land, loans, &c., or a cause in some of the
Public Courts of Law, but it would be very hard if all his
Records of the Cape Colony, 363
decisions as Governor were construed as having reference to
the horses sold.
I feel more strongly for Lord Charles on this point, because
I see the vindictive spirit in which his accusers are actuated.
The Commissioners have lately sent him extracts from Col
Bird's observations on the issue of public money from the
Treasury, in advance for the workmen employed on Govern-
ment buildings, which are full of spite and revenge, indeed in
my opinion so unjust that the charges cannot but fall upon
Col. Bird himself.
I will write to you shortly upon the^e observations, as will
also Lord Charles.
One of the greatest misfortunes attendant upon Lord Charles
in the administration of this Government has been the incom-
petent persons he has had to carry on business with. Colonel
Bird is an exception to this, but I must confess I don't think
his system has done credit to his talents and experience in
business. I have &c.
(Signed) Richd. Flasket.
[Original.]
Letter from the Secretary to Government to R. Wilmot
HORTON, ESQRE.
Cape of Good Hope, \9t November 1825.
My DEAR Sir, — I have frequently written to you upon the
necessity of new modelling our Port Establishment here.
I now merely beg to state that Lieut. Johnson of the Royal
Navy, who commanded the Enterprise Steam Vessel, and who
has lately left this for Calcutta, expressed his wish to be
employed under this Government, should any vacancy occur
in the office of Captain of the Port, after his present voyage
has expired.
I stated to him that I would mention the subject to you. I
do not know anything of Mr. Johnson beyond what I saw of
him here, but his character must be known in England, and I
merely mention him to you as a man likely to answer our
364 Records of the Cape Colony.
purpose here. He is I understand a good practical seaman,
and a very gentlemanly sensible man. I have &c.
(Signed) Richard Plasket, Secretary to Government.
[Copy.]
Government Appointments.
His Excellency the Governor has been pleased to Nominate
and appoint the following Gentlemen to be Members of the
Supreme Medical Committee, established by Government
Minute under this day's date : —
John Arthur, Esq., M.D. Physician to the Forces.
J. H. F. C. L. Wehr, Esq. M.D.
L. Liesching, Jun., Esq. M.D.
W. H. Lys, Esq. Surgeon.
John Murray, Esq. Surgeon to the Forces.
And Mr. T. K. Deane, to be Secretary.
His Excellency is further pleased, during the absence on
leave of Dr. Wehr, to appoint Dr. Andrew Smith to act as
Member of the above Committee.
Caps of Good Hops, let November 1825.
By Command of His Excellency.
(Signed) R. Plasket, Secretary to Government.
[Original.]
Memorial of Mr. Hugh Huntley to Earl Bathurst.
To the Right Honorable the Earl of Bathurst, K.G., His
Majesty's Principal Secretary of State for the Colonies,
&c., &c., &c.
The Memorial of Hugh Huntley (Gent.) of the Cape of Good
Hope, humbly sheweth
That during the years 1819 and 1820, Memorialist finding
himself highly aggrieved by the illegal conduct of Jacob Glen
Becords of the Cape Colony* 365
Cuyler Esqre. (Landdrost of the District of Uitenhage in this
Colony) made use of what he deemed to be the birthright of
«very British Subject, and by letter to the Colonial Secretary
laid his case before the Governor ; that Memorialist received
a reply to this letter ; that upon receipt of this reply, Memo-
rialist could not be otherwise than satisfied with His Excel-
lency's determination, altho' the latter paragraph of the
Deputy Colonial Secretary's letter evidently conveyed a threat,
and an implied wish on the part of His Excellency that the
statements made by Memorialist might prove unfounded ; but
Memorialist firmly relying on the truth of the contents of his
letter, and on the justice of His Majesty's Representative,
awaited the inquiry with confidence, not doubting that if any
statement were made by the Landdrost of Uitenhage in con-
tradiction of the circumstances detailed in his (Memorialist's)
letter, an opportunity would be given him of proving their
truth. It was therefore with the utmost astonishment that
Memorialist received a second letter from the Deputy Colonial
Secretary. Had a proper inquiry taken place, and the state-
ment of Memorialist proved incorrect, he would not for a
moment have hesitated in complying with His Excellency's
injunctions, but so far from an equitable investigation having
been set on foot. Memorialist was not even informed of the
reasons which had induced His Excellency to come to so hasty
a determination, but Memorialist had private means of ascer-
taining that the Landdrost of Uitenhage had combined with
the Messenger to draw up a statement in contradiction of his
(Memorialist's) letter, and upon this statement of the parties
concerned, without reference to contra evidence which might
have been produced, did the acting Governor of the Colony
condemn Memorialist as a Calumniator ! Memorialist was not
even informed of the Landdrost's reply, and therefore feeling
it impossible, under such circumstances, to submit to His Ex-
cellency's decision, addressed the letter No. 4 to the Deputy
Colonial Secretary : and there the matter rested, without
Memorialist receiving any answer to the said letter. A pro-
clamation was however issued, directing the Landdrost and
Heemraaden to hold more frequent sittings ; and Memorialist
would have taken no further steps, had his truth not been
questioned.
366 Records qf the Cape Colony.
In the subsequent month of June, the Acting Governor Sir
R. S. Donkin visited the Frontier, and Memorialist waited upon
His Excellency, stating that he had done so for the purpose of
convincing him (H.E.) that he had not been guilty of writing
falsehoods to Government, and that he could not quietly
submit to such a stigma being thrown on his character. His
Excellency's reply was : " When I received your letter I put
it into the hands of the Colonial Secretary, and directed strict
inquiry to be made into the case, as if one third of its contents
proved true, most serious notice must be taken of it ; the
result was, that the Colonial Secretary informed me your
allegations were disproved." Memorialist then said that as
His Excellency was on the spot, he might easily convince him-
self of the truth or falsehood of the allegations ; and upon Sir
R. Donkin inquiring what proof Memorialist had of the truth
of his assertions ? Memorialist replied that the best evidences
he could bring were the Heemraaden and Secretary of the
Court ; upon which the Acting Governor sent for Mr. Charles.
Allen, at that time Secretary to the Board of Landdrost and
Heemraaden, and Memorialist's letter (No, 1) having been read
to him, he was asked whether its contents were true ? Mr.
Allen answered in the affirmative, whereupon Sir R. Donkin
asked Memorialist whether what he had complained of had
been remedied ? Memorialist having replied that it had, and
that his only object in waiting on His Excellency was to con-
vince him that he (Memorialist) had not been guilty of making
groundless or malicious complaints, the Acting Governor said
that he fully acquitted Memorialist of having done so, and
hoped everything would go on smoothly in future ; at the
same time asking Memorialist if what he then said was satis-
factory ? Memorialist was perfectly satisfied, he sought
nothing further. Memorialist then presented a memorial to
His Excellency for a grant of land, which the Acting Governor
was pleased to say should be made, but that it must of course
go through the proper forms. Your Lordship may picture to
yourself the astonishment with which Memorialist after this
interview received a communication from the Deputy Colonial
Secretary, stating that the Acting Governor could not comply
with Memorialist's request for a grant of land, and that the
principal reason for His Excellency's refusal was the impro-
Records of the Cape Colony. 367
priety of Memorialist's conduct towards the Landdrost of
Uitenhage.
As, at the time of giving the above answer, Sir R. S. Donkin
was with the Landdrost of Uitenhage at Graham's Town,
Memorialist naturally conceived that His Excellency was
induced to make such reply by some insinuations on the part
of the Landdrost, and therefore thought it impossible to allow
His Excellency to continue longer in the dark as to the real
character of the said Landdrost. In order to undeceive the
Acting Governor Memorialist drew out a Memorial to His
Excellency (No. 6), but as Memorialist was fully aware of the
danger of presenting a petition of this kind, in an arbitrarily
governed Country, (however true its contents might be) he
determined first to endeavour to obtain another interview with
His Excellency and endeavour to prevail upon the Acting
Governor to confront him (Memorialist) with the Landdrost of
Uitenhage, and thereby give His Excellency an opportunity of
hearing both sides of the question.
Accordingly upon Sir R. S. Donkin's return to Uitenhage
Memorialist waited upon him, and upon entering the room
found it occupied by the Acting Governor and the Landdrost
of Uitenhage, Memorialist proceeded to state to His Excel-
lency that he had sohcited this interview in consequence of a
letterwhich he had received from the Deputy Colonial Secretary,
stating that the Land which he (Memorialist) had applied for,
could not be granted owing to the impropriety of his conduct
towards the Landdrost of Uitenhage, and begged to deny that
he had been guilty of any such impropriety of conduct as that
imputed to him ; further saying to His Excellency that he
thought he had at a former interview fully convinced His Ex-
cellency of the truth of the allegations contained in his letter
of the 14th of January, and that he could form no idea of what
impropriety was now alluded to. To this Sir R. S. Donkin
replied: "Yes, but what was then stated has been contradicted
by Colonel Cuyler, who is a gentleman of high rank and respec-
tability." Memorialist then begged that His Excellency would
be pleased to hear what the Landdrost, or himself, had to say
on the subject, as His Excellency might now confront them ; but
of this appeal no notice was taken either by the Acting Governor
or the Landdrost of Uitenhage ! Memorialist had now no
368 Records of the Cape Colony,
other alternative than to deliver in the Memorial No. 5, in
order to shew the Acting Governor that such implicit reliance
ought not to be placed on the word of the Landdrost of Uiten-
hage. To this memorial no reply was given.
In the course of the month of September, a prosecution
{No. 6) was entered against Memorialist.
Memorialist must humbly beg to call your Lordship's
attention to this extraordinary trial.
According to the laws of this Colony, no legal practitioner
is allowed to act before the Court of Circuit, notwithstanding
which, His Majesty's Deputy Fiscal, who is a Doctor of Laws,
was sent down for the express purpose of conducting the
prosecution against Memorialist, who, from the short notice
he had of the proceeding, was unable even to obtain legal
advice. There had never before been a precedent of a Law
Officer of the Crown being sent to a Country District for the
purpose of prosecuting an Individual, even in cases of High
Treason such an extraordinary measure has not been had
recourse to, nor could such a proceeding be justified in this
instance by the circumstance of the Landdrost being personally
concerned, and therefore disqualified to act as Public Prosecutor,
as in that case the Deputy Landdrost might have been employed
Therefore Memorialist humbly submits that in the very com-
mencement of the proceedings an unfair advantage was taken
of him, by causing him to be prosecuted (contrary to the law
of the Colony) by an able lawyer, whilst he was deprived of
the assistance of Counsel. Exclusive of this. Memorialist
submits to your Lordship that the trial ought not to have
taken place in the District of Uitenhage, where the parties
concerned were on so unequal a footing, and where the Wit-
nesses were fearful of giving their testimony against their
Magistrate.
By referring to the trial your Lordship will perceive that the
Acting Governor did, in a most unjustifiable manner, interfere
with the duties of the judges, by directing them not to allow
Memorialist to bring the article " much more " forward.
Memorialist humbly submits to your Lordship that this was a
point which should have been left to the judges to determine.
Memorialist humbly conceives that in a well governed Country,
an upright judge would not tolerate the interference of the
Records of the Gape Colony. 369
executive power with the functions of his office, nor would the
executive functionary so far forget the respect due to the
judicial departments as to attempt such interference, which
must, at the very least, tend to bring the purity and indepen-
dence of the Court into suspicion.
Memorialist begs your Lordship wiU be pleased to compare
the minutes of the trial with the contents of his letter (No. 1),
and memorial to the Acting Governor (No. 6).
K your Lordship will be pleased to compare the contents of
Memorialist's letter (No. 1) with the evidence given by the
Messenger Van Lelyveld, from page 28 to 34, and with the
evidence given by the other Witnesses from page 35 to 46, he
(Memorialist) cannot doubt but your Lordship will be fully
convinced of the truth of the contents of that letter. If your
Lordship wiU be pleased further particularly to attend to the
18th, 19th, 20th, 21st, and 22nd replies given by the Messenger
Van Lelyveld to Memorialist's questions, your Lordship will
be able to perceive that Memorialist had the strongest reasons
for not submitting to His Excellency's decision, and that the
reply made by the Landdrost of XJitenhage to the Colonial
Grovemment was only corroborated by a statement, made by
one of the guilty parties, under the immediate direction and
tuition of the said Landdrost, who had altered, and realtered,
the statement of the Messenger Van Lelyveld till it became
such as he wished it. By referring to the evidence of Daniel
Hockly your Lordship will also see what terror the Witnesses
were in at giving evidence which might tend to make the
conduct of the Landdrost appear culpable.
By referring to the evidence from page 47 to 67, your
Lordship will find that the charge of horse-whipping the
Lihabitants was, in two cases, (those of Backhuizen and Oost-
huyzen) most fully proved, and that that horse-whipping was
effected with an instrument called a " sambok," with which it
is illegal to strike even a slave ; and which for your Lordship's
better information Memorialist begs leave to state is manufac-
tured from the hide of the rhinoceros or hippopotamus. Your
Lordship will also perceive that an attempt of the same kind
was made on the person of Anthony Michael Muller, an Elder
of the Church, and a man of the highest respectability, whose
single oath, accompanied by the corroborative evidence that
xxui. 2 B
MM
370 Records of the Cape Colony.
such conduct on the part of the said Landdrost was not
unusual, ought to be convincing. In a fourth instance an
attempt was made to^invalidate the testimony of Mrs. Gardner,
by endeavouring to prove that her character was bad ; this
has occasioned her to bring an action against the parties for
defamation, which owing to the obstacles thrown in her way
by the public functionaries of the District of Uitenhage, has
not yet come to a termination ; but which there is every reason
to believe will end in such a manner as completely to refute
the allegations made against her. But even supposing them
to be true, Memorialist humbly submits that they could not
invalidate her testimony, supported as it was by corroborative
evidence. Memorialist might have brought forward a fifth
case, in the person of the Field Ck)mmandant Linde, of the
Zwellendam District, but as Mr. Linde resided at a great
distance from Uitenhage, and Memorialist deemed the instances
adduced sufficient to prove what he had stated, he thought
it unnecessary to summon Ck)mmandant Linde.
Your Lordship will see by the evidence of Ignatius Muller
and Bernardus Rens (from page 59 to 62) as well as by the
enclosure No. 7, that although the second accusation against
the Landdrost was not proved, it did not originate in a story
maliciously invented by Memorialist, but that it was the
common talk of the District, and that he had reason to believe
its truth. By referring to the evidence of Lucas Martinus van
Rooyen and Coenrad Willem Behrends, and that of Gerrit
Laurens van Niekerk, your Lordship may also perceive that
there was something respecting a load of flour, tho' it is difficult
to ascertain the true state of the case, owing to the falsehood
and perjury of Van Rooyen.
By perusing the evidence from page 69 to 73 of No. 6, your
Lordship will no doubt be convinced that the third accusation
was most fully proved, and that the Landdrost of Uitenhage
did receive hire for drawing stores in his waggon for a building
erected at the public expense for his convenience ; that the
said waggon was driven by a person belonging to the prison,
who was at the same time paid by Government for performing
other duties, and that the said Landdrost received the money
in the name of Leonard Brinkman. (It may not be improper
to inform your Lordship that " Justice Kaflfer " is the name
Records of the Cape Colony, 371
applied to the black constables of the prison, who are paid and
clothed by Government.) Memorialist must humbly beg your
Lordship to pay particular attention to the evidence given by
Edward O'Donnell and- Piet Lustig, and your Lordship will
perceive that the Landdrost was aware of his own guilt, and
therefore attempted to extenuate it by paying the man belong-
ing to the prison ; but such payment did not take place till
after Memorialist had delivered his memorial to the Acting
Governor, and then the payment was very inadequate to the
labour performed, for your Lordship will see that Piet Lustig
had for two years been employed at the Landdrost's private
farm of Thorn Kraal, when he ought to have been doing his
duty at the prison. It may not be unnecessary to inform
your Lordship that Piet Lustig is a very strong, athletic man,
who could earn at least 80 or 100 rixdoUars per annum exclusive
of board and lodging. Memorialist must also beg to inform
your Lordship that the house in question was built in direct
contravention of the 163rd Article of the Instructions for
Landdrost and Heemraden, no written application having been
made by the Landdrost and Heemraden to the Governor, such
building not having been indispensably necessary, and no
statement having been made of the probable sum required to
complete it, altho' this large and unnecessary building cost the
District nearly 10,000 rixdollars, of which upwards of 900 were
paid to Leonard Brinkman to be distributed amongst the stone
and brick drawers. This is the only public building in the
Village which has not been tendered for, tho' many larger and
more substantial ones have been bmlt by contract for smaller
sums. It was not alone by the carting of stones, and the
^atuitous services of Piet Lustig, that the Landdrost of
Uitenhage was benefited. The Hottentots, said to be em-
ployed at this building, received upwards of 3,200 rixdollars
for wages, and provisions, whilst the Landdrost of Uitenhage
sent them to work at his private farm of Thorn Kraal.
Your Lordship will perceive by the evidence from page 75 to
77 of No. 6, that the fourth statement made by Memorialist
was (with some slight and evidently unintentional deviations)
proved. In this part of the case, it may be also necessary
to inform your Lordship, that the land in question had
been frequently refused to persons applying to Government
2 B 2
372 Records of the Cape Colony.
for it, owing to the representations of the Landdrost of Uiten-
hage, that it was necessary to keep it for the public use ; and
that it was, on those grounds, particularly refused to one
Maritz, and to Doctor Van der Kemp for the Missionary
Institution. It may also not be improper to inform your Lord-
ship that Lieutenant Colonel Cuyler has been granted no less
than 16,000 Morgens, or 30,000 acres, of land by the Colonial
Government.
It now only remains for MemoriaUst to beg that youf Lord-
ship will be pleased to refer to the evidence from page 78 to 82
of No. 6, and he doubts not that your Lordship will be con-
vinced that his fifth statement was perfectly true.
Memorialist cannot now refrain from requesting your Lord-
ship to allow him to make a few short comments on the defence
set up by the Deputy Fiscal in favor of the Landdrost of
Uitenhage.
In the first place, Doctor Lind states, (page 99) that in his
opinion the contents of MemoriaUst's letter (No. 1) were not
proved. On this point MemoriaUst must only beg once more
to refer your Lordship to the evidence.
Secondly the R. O. Prosecutor, in speaking of the first
accusation contained in the Memorial, absolutely pretends to
look upon the case, as if MemoriaUst were actioning the
Landdrost of Uitenhage, and brings forward a defence, which
both he (the Deputy Fiscal) and the Landdrost of Uitenhage
ought to be ashamed of, first that martial law was in force, and
secondly, that the charge was superannuated ! Memorialist
submits, that this might be very good argument for an advocate
to hold in defence of a prosecuted cUent, but was a most
shameful one for a Law Officer of the Crown to make use of in
favor of a Government Functionary. Does not Doctor Lind
hereby acknowledge the guilt of the Landdrost, but seek to
shelter him under the subtleties of the Law ? But Memorialist
also submits to your Lordship that he had nothing to do with
martial law, and the superannuation of charges. The question
was, did the Landdrost of Uitenhage horsewhip his Inhabitants
or not ? Had the Landdrost been prosecuted afterwards, it
would have been time enough for Doctor Lind to have advanced
the pleas of martial law, and superannuation, in bar of punish-
ment ; but what must your Lordship think of the Magistrate
Records of the Cape Colony. 373
who says, " I am guilty, but you cannot punish me, the
intricacies of the law will save me ! "
Thirdly, the Deputy Fiscal, in defence of the second point of
the Memorial, which was so fully and clearly proved, thinks
proper to say, (page 100) that the Landdrost had merely given
his own waggon, because he could not get others, and that the
person belonging to the prison got money as a reward. Doctor
Land does not choose to recollect that the Landdrost did not
call upon the Inhabitants to tender for Waggons, nor in any
way, as is usual in such cases, make it publicly known that
Waggons were required. The Deputy Fiscal could not be
unacquainted with the right which the Landdrosts of the
Country Districts possess of pressing Waggons for the public
service, a right which the Landdrost of Uitenhage has never
failed to make use of when it answered his purpose ; but in
this instance it suited the lianddrost better to make use of his
own Waggon, as he himself superintended the erection of the
building, and might therefore transfer a certain number of
rixdollars from the District Treasury into his own pocket. If
your Lordship would be pleased to call for and examine the
Uitenhage accounts, your Lordship will find that a charge is
made, in the year 1819, for the carting of 229 loads of stones
and 197 loads of bricks, which at the rate of 500 per load
amounts to 98,500, a number quite out of proportion to the
building. The statement of the Deputy Fiscal, that the person
belonging to the prison had received money as a reward, is the
most barefaced. If your Lordship will only be pleased once
more to refer to the evidence of Ket Lustig from page 86 to
86, your Lordship will perceive that the money was given at
least a year after the service was performed. And where was
the reward for the two years' service at Thorn Kraal, which
so unexpectedly came to light, in spite of Memorialist's being
prevented from proving the article " much more ? " Would
Piet Lustig have received any money at all, had Memorialist
not delivered his statement to Sir R. S. Donkin ?
Fourthly. The Comment of Doctor lind on the fifth point
is equally reasonable : '' Passion, Martial Law, and a zeal
for the service prevailed ! As the threat was not executed, it
could form no accusation ! " Memorialist begs to submit to
your Lordship, that he neverjj^spoke of anything else but a
374 Becoi'ds of the Cape Colony,
threat, he never said that that threat had been exe-
cuted.
Memorialist must humbly beg to trespass on your Lordship's
time a little longer, in order to make some short remarks on
the sentence passed by the Court.
They declare (page 144) " That because Memorialist did not
quietly submit to the decision of the Acting Governor," (made
without a fair inquiry) " he must be looked upon as opposing
the orders of Government." But these Worshipful Judges
have not thought proper to state whether the contents of that
letter were true, or false. They could not in conscience find
them false, therefore they deemed it expedient to remain
silent on that head. Memorialist humbly submits to your
Lordship that it would have been highly imprudent, as well as
improper, for him to have submitted to His Excellency's
decision, so long as he (Memorialist) was not given an oppor-
tunity to prove the truth of his statements.
Secondly. The Commission of Circuit were pleased to say
(page 145) that Memorialist was nob able to prove any of the
accusations respecting the horsewhipping of the Inhabitants,
excepting so far as regarded the person of Backhuizen. It is
impossible that the Members of the Court could have paid due
attention to the evidence when they pronounced this sentence,
for allowing it to be necessary to have two Witnesses to
prove a fact, your Lordship (by referring to the evidence of
Ignatius MuUer from page 49 to 61, and that of Oosthuizen
from page 51 to 53) will perceive that the case of Oosthuizen
was quite as fully proved as that of Backhuyzen, and that the
circumstances attending it were more aggravating.
Thirdly they say (page 146) that Memorialist had only proved
that a Justice Kafifer had driven a Waggon belonging to the
Landdrost whilst it was employed in drawing stones ; but it
appears that the Landdrost had given some money to the said
Justice Kaffer, without its exactly appearing for what that
money was a reward. Memorialist humbly submits to your
Lordship that he had bound himself to prove nothing further ;
but without any endeavour on the part of Memorialist more
was actually proved, for it appeared that the said Justice
Kafifer had been in the private employ of the Landdrost for
two years, during which time he had been paid for performing
Becords of the Cape Colony. 375
other duties ; and as to the reward Memorialist humbly begs
to refer your Lordship to his remarks on the claim of the
public prosecutor. Exclusive of this, it was of little conse-
quence to the point in question, whether the Justice Kaflfer
received a reward or not ; had he, from necessity, been taken
to drive the Landdrost's Waggon, an allowance to the public
ought to have been made by Lieutenant Colonel Cuyler for the .
use of one of their servants in his employ ; but such allowance
was not made. The rewarding of Piet Lustig was a point to
be determined between him and the Landdrost.
FoiHthly. The Judges say (page 146) that the fourth accu-
sation is wholly groundless. There may be circumstances of
extenuation, but Memorialist humbly submits that it is by no
means groundless. As Memorialist is aware that His Majesty's
Commissioners of Inquiry have been examining into circum-
stances connected with this grant, Memorialist will not trouble
your Lordship with any remarks of his own on this point, but
feels confident that your Lordship will at all events not find
his statement on this head " wholly groundless."
Fifthly. The Court of Circuit declare that the last accusation
was only partly proved. Memorialist doubts not but your
Lordship will upon reference to the evidence from page 78 to
82, allow that it was fully proved ; but the Court of Circuit
seem to wish to make Memorialist prove more than he wrote,
altho' they would not allow him to prove much more.
Memorialist must respectfully solicit your Lordship to notice
that in the winding up of the sentence, the Court of Circuit
admit that what Memorialist wrote was partly proved ; and
Memorialist may venture to say, that the said Court were, in
their own minds, convinced that a very essential part of what
he wrote was fully and substantially proved, or they would
not have passed so apparently mild a sentence, but would
have granted the full demand of the Public Prosecutor, as the
only ground upon which they could shew lenity was a proof of
the truth of Memorialist's statements. Memorialist must beg
to refer your Lordship to all the Trials for Libel which have
taken place in this Colony since it has been under the British
dominion, and your Lordship will find that where the truth of
their contents has not been proved, the Authors have been
subjected to the most severe punishments.
376 Records of the Gape Colony.
Memorialist cannot but represent the difficulties he laboured
under during this trial from the want of the assistance of
Counsel. Without the slightest legal knowledge, he was
obliged to defend himself against a Doctor of Laws who
exclusive of his great learning had all the power and dignity of
office on his side. Memorialist doubts not that if he had had
an Advocate to conduct his case, or had even been able to
procure legal advice, he could have managed his cause much
better.
Memorialist must humbly beg to call your Lordship's
attention to the respectability of his Witnesses, who were
chiefly men filling the most respectable offices in the District,
occupying seats at the Boards where the Landdrost presides,
and who would have thought it their duty to have given their
testimony in his favor, provided they could in conscience have
done so.
Memorialist cannot refrain from animadverting on the
conduct of the then Acting Governor, Sir R. S. Donkin, who
by directing this action to be brought, was the real publisher
of the libel ; as had he not thus made it public, he might have
caused the circumstances to be inquired into, without such an
exposure of facts being made to the public, thereby bringing
such disgrace on the Colonial Government. His interference
with the proceedings of the Court must evidently have tended
to inform the members that it was his wish that Memorialist
should be found guilty ; and MemoriaUst will leave it to your
Lordship, whether such wish, tho' indirectly expressed, would
not be tantamount to a Command to a Court of Justice con-
stituted like that of this Colony, its Members appointed
" durante bene placito," having salaries inadequate to the
support of private gentlemen, and consequently looking up to
the Governor for a second appointment. Had Sir R. S.
Donkin not interfered, had Memorialist been assisted by
Counsel, and had the trial taken place in Cape Town or in any
other District, Memorialist does not doubt that the Court
would have fully acquitted him, and would, during the trial,
have heard evidence on the article " much more," in which
case Memorialist would have been able most fully to sub-
stantiate,
1st. That the Landdrost had employed Hottentots who
Records of the Cape Colony, 377
were paid by the District for working at a public building, to
work at his private farm of Thorn Kraal.
2. That the Landdrost had ordered the farmers to furnish
a number of their hired Hottentots for the purpose of defending
the Village against the Kaflfers ; but that under pretence of
his private farm of Thorn Kraal being in danger, he had sent*
the said Hottentots to work there, without payment, altho'
their Masters were deprived of their services, and were thereby
daily robbed of their Cattle by the Kaflfers.
3. That the Landdrost had most illegally imprisoned an
Inhabitant of his District because he refused to work
for him.
4. That he had in a most unjustifiable manner allowed the
house of Memorialist, and a number of other most respectable
Inhabitants, to be searched for stolen goods, without going
through the necessary process of Law, or having the slightest
ground of suspicion ; and that upon a remonstrance being
made upon the subject, he (the Landdrost) had turned the
parties into ridicule.
5. That he had illegally raised the taxes of the District.
Memorialist having been fined three hundred rixdollars for
such parts of the so-called libel as were not proved, was unable
to appeal, as in that event the Acting Governor, who had
already predecided his case, woidd have become his judge ;.
but Memorialist thinking it probable that His Excellency
woidd, upon a perusal of the proceedings, be induced to alter
his opinion, thought it more advisable to petition His Excel-
lency for a remission of the sentence. To this petition
Memorialist received for reply, that his prayer could not be
complied with ; and shortly afterwards Memoriahst was called
upon for the payment of the said fine, together with the costs,
amounting to no less a sum than 2,057 rixdollars, a sum which
Memorialist may safely say was never paid by any Individual
in the Colony, in an action of a similar nature. This Bill of
costs was said to have been taxed and moderated by the
Court. What attention to taxation and moderation was paid,
your Lordship will be enabled to judge by perusing the enclosed
translation (No. 9) of said Bill, where not to mention the
enormous sums allowed to Doctor Idnd, a mistake is made in
the addition ; therefore Memorialist humbly conceives that he
378 Records of the Cape Colony.
has a right to suppose that the bill was not even looked at by
the Judges.
Memorialist finding it useless to look to the Acting Grovemor
for redress, and that His Excellency was determined to prevent
complaints (however true) from being made against the
inferior functionaries, and also that His Excellency took no
notice of the charges which had been proved against the
Landdrost of Uitenhage, was determined at all events to seek
for such redress as the laws of the Colony would allow him, for
certain calumnies contained in a letter written by the Landdrost
of Uitenhage to Government, the contents of which letter were
first communicated to Memorialist by being read in open Court,
subsequent to the hearing of evidence on the trial, and which
letter contained false and malicious aspersions against Memo-
rialist's character. For this purpose Memorialist addressed a
petition to His Excellency the Acting Governor. To this
Memorialist received no reply.
Subsequent to this, Memorialist wrote three letters to the
Landdrost of Uitenhage, requesting him, in his official capacity,
to enter an action against Gerrit van Rooyen for perjury ; to
neither of these letters did Memorialist receive a reply.
In the month of October 1821 Gerrit van Rooyen entered
an action (No. 7) against MemoriaUst for defamation of
character. By the minutes of the proceedings your Lordship
will perceive that the only statement made by Memorialist
against the Landdrost of Uitenhage, which was not proved,
did not originate in a story fabricated by Memorialist with
intent to calumniate the said Landdrost ; and ujK>n referring
to the evidence of Behrends, Lucas van Rooyen, and Grerrit
van Niekerk, your Lordship will no doubt be convinced that
something did take place respecting a load of flour, tho' it is
impossible to ascertain what, as the Landdrost himself (page 6)
had no recollection of the circumstance, tho' Grerrit van Niekerk
(who was a most respectable man, and a Heemraad) says, (page
19 and 20) that he and the Landdrost had some conversation on
the subject, and the Landdrost then seemed to have a recollec-
tion of the circumstance,
Agaittj^t the sentence passed by the Court of Circuit, Gerrit
vatt Rooyen appealed. No. 11 will inform your Lordship of
ih^ ret^uh of that appeal* Memorialist is sorry that he is not
Becords of the Cape Colony. 379
furnished with a copy of the whole of the proceedings in that
case, but begs to assure your Lordship that no other evidence
was produced. The decision was made on the arguments of
the advocates. Memorialist was again obliged to pay the sum
of 400 rixdollars for law expenses. Thus Memorialist was
obliged altogether to pay no less a sum than 2,757 rixdollars,
for humbly representing the conduct of the Landdrost of
Uitenhage to His Majesty's Representative, whilst the only
calumniator in the case, and the said Landdrost, escape with
impunity.
Memorialist had hereupon determined to address himself to
your Lordship on the subject of his numerous grievances, but
upon mature consideration resolved first to request His
Excellency Lord Charles Somerset (who had returned to the
Colony) to direct him to be furnished with a copy of the
Landdrost of Uitenhage's defamatory letter, in order to enter
an action against him (the Landdrost of Uitenhage) for its
contents ; and Lord Charles Somerset was pleased to comply
with Memorialist's request. Memorialist was immediately
furnished with a copy of the letter in question (No. 12). By
this letter your Lordship will perceive that the Landdrost
evades the principal complaints of Memorialist respecting his
non-consultation of Heemraden &c. ; he however acknow-
ledges to have prevented the Messenger from summoning
persons employed on the Commando. Either the conduct of
the Landdrost, or of the superior Court in Cape Town, must
have been illegal. Memorialist will on this point beg to refer
your Lordship to the case of Rowles versus Heatly, wherein
Memorialist believes that the latter was summoned and
condemned whilst on Commando.
The Landdrost then proceeds to state, '' that in July and
October following he finds some cases of Mr. Huntley brought
forward." What were those cases ? One in July, and one in
October ; whereas at least thirty were given to the Messenger.
The original Summonses wbich the Landdrost afterwards
speaks of, and which he seems so anxious to have returned to
him, Memorialist did not receive a copy of, therefore can make
no comments thereon ; but Memorialist supposes they were
returned, and that part of them must have consisted of that
notable composition, fabricated between the Landdrost and
380 Records of the Cape Gdony.
the Messenger, the " brouillon " of which was produced in
Court.
The following paragraph of the letter your Lordship will
upon reference to the evidence from page 28 to 46 of No. 6,
perceive was entirely false, as were all parts of it proved to be
which from accidental circumstances (Memorialist having no
copy of the letter) were inquired into by the Court.
Your Lordship will no doubt perceive the malicious manner
in which the Landdrost endeavours to insinuate that Memo-
rialist entered the Court, as if he had done so rudely, and
without permission ; whereas it is most clearly proved that
Memorialist did not enter till he had obtained permission so
to do.
Your Lordship will also perceive by reference to the evidence
in No. 6, that Memorialist's statement with respect to the
number of hours which the Court sat, was true ; whilst tjiat of
the Landdrost was false.
The Landdrost next proceeds to state that MemoriaUst had
taken advantage of the law enabling debtors to keep their
creditors out of their money for three terms. Memorialist
would not trouble your Lordship by making any remarks on
this point, (so foreign to the case in question) were it not that
his own credit is so intimately connected therewith, this he
trusts will plead his excuse for saying a few words on this
and the following paragraphs. The Landdrost supports his
assertions by extracts from the Court Rolls. Lieutenant
Colonel Cuyler, when he made this statement, was aware that
in one instance Memorialist had not received any summons,
as he, MemoriaUst, complained to him, (the Landdrost of
Uitenhage) of the hardship and impropriety of his name being
called in Court, without his being made acquainted therewith,
and he (the Landdrost) promised to inquire into the circum-
stance.
In the other instance Memorialist was prevented from
attending by his horse knocking up before he could reach the
Court House, having come a long journey for that purpose, as
Memorialist had lodged a complaint against a man for beating
his hired Hottentot, which case was also to have come on on
the same day ; and the Landdrost could not have forgotten
how much Memorialist regretted his arriving about half an
Records of the Cape Colony. 381
hour too late. Memorialist believes that the Landdrost was
also aware (at the time he made this statement) that P. F. le
Clus was considerably indebted to Memorialist, instead of
Memorialist being indebted to him, as Memorialist afterwards
obtained a sentence against the said Le Clus before the Court
of Justice in Cape Town. The other two persons' accounts
were false, and your Lordship will perceive that they did not
follow up their summonses, or the Landdrost would have been
glad to add the sentence against Memorialist to his other very
explanatory documents.
Exclusive of this the Landdrost's representations on this
subject had nothing to do with the case in question ; and
were evidently only made with an intention of injuring Memo-
rialist in the opinion of Government, and not to defend himself.
As long as such laws existed, Memorialist had a right to take
the benefit of them if he pleased.
The Landdrost afterwards (with a similar view) proceeds to
tell a most direct falsehood by stating that he had lent Memo-
rialist money. Memorialist never in his life received one
farthing from the said Landdrost, but did pay him some and
take over a debt due to the school fund by a man who had
absconded and for which the Landdrost contrary to his duty
held no legal security, whereby Memorialist received no favor
from the said Landdrost, but rather conferred one. This is
another point irrelevant to the case in question, where the
Landdrost seeks to defend himself by falsely traducing the
character of Memorialist.
The Landdrost then most maliciously and falsely attempts
to attack the credit of Memorialist. The enclosed reply
(No. 13) of an account between Memorialist and a house in
Cape Town will shew your Lordship how his credit stood about
the time that the Landdrost of Uitenhage made this false
and malicious insinuation. This was the third statement which
the Landdrost made by way of recrimination, thereby endea-
vouring to injure Memorialist in the opinion of Government,
and the Acting Governor being " quite satisfied with and
placing confidence " (see page 63 of No. 6) in these false asser-
tions, " caused Memorialist to be severely reprimanded," whilst
Memorialist was left unacquainted with the contents of the
letter in question, and was therefore unable to contradict them!
382 Records of the Cape Colony,
Memorialist humbly submits to your Lordship that if he had
been furnished (as in justice he should have been) with a copy
of the letter written by the Landdrost of Uitenhage to the
Colonial Government, previous to any further steps having
been taken, he would have proved the falsehood of its contents ;
and the Acting Governor might, by having done justice in the
first instance, have prevented the necessity of the exposure
which afterwards took place.
Upon being furnished with an authentic copy of the said
letter, Memorialist consulted his Advocate as to the expediency
of bringing an action against the Landdrost of Uitenhage, and
was advised to do so, and to rest his claim chiefly on that part
of the letter which attacked his (Memorialist's) credit.
According to the laws of this Colony, tho' an Individual may
be prosecuted for exercising one of the undoubted rights of a
British subject, it is not permitted to enter a civil action
against a Landdrost without having first obtained a decree of
" Venia Agendi " from the Court of Justice ; thus the Land-
drost of a Country District at the Cape of Good Hope is allowed
a privilege superior to any possessed even by the Blood Royal
of England ! ! In order to obtain this necessary decree.
Memorialist addressed a Memorial (No. 14) to the Court of
Circuit, to which Memorial the reply No. 15 was given.
Memorialist must here beg to remark that he was unable to
bring his action at an earlier period, not being able to procure
an authentic copy of the letter. That the Landdrost of
Uitenhage was again allowed to state what he pleased to the
Court, without Memorialist being made acquainted with the
same, or heard in support of his petition, tho' the said Land-
drost was allowed vision of his (Memoriahst's) request. That
at the time of trial in 1820, Memorialist wished to have proved
the whole of the contents of the letter false, but was only
allowed to disprove such parts of it as regarded his impertinent
behaviour. That the proof or disproof of its contents at that
time could be no bar against an action to be brought against
the Landdrost of Uitenhage, as the fullest proof of the false-
hood and libellous contents of his letter could not then have
subjected him to any punishment, there being no action
against him.
Memorialist entered an appeal against this decision of the
Records of the Cape Colony. 383
Court of Circuit ; but from a series of losses, unconnected with
the present case, found himself unable to meet the expense of
carrying such appeal forward. MemoriaUst has therefore no
other mode of seeking redress than by representing his case to
your Lordship.
Memorialist begs to conclude by most humbly representing
to your Lordship : 1st. That, for writing a letter and Memorial
humbly representing his grievances to the Acting Governor of
this Colony (His Majesty's Representative) he has been sub-
jected to an expensive, unjust and vexatious prosecution.
2. That after having proved the truth of the contents of his
letter as well as three if not four of the statements in his
memorial, he was subjected to the payment of a fine as well as
exorbitant and unprecedented costs ; whilst the Landdrost of
Uitenhage, who had been guilty of gross misdemeanours, was
aUowed to escape unpunished.
3. That Memorialist, as well as the other Inhabitants of this
Colony, are deprived of the privilege of making their grievances
known, granted to the meanest of His Majesty's Subjects by
the Bill of Rights.
4. That Memorialist and his fellow Colonists, having neither
the protection of a popular representation, independent judges,
or trial by Jury, are exposed to the most tyrannical proceedings
on the part of arbitrary Magistrates.
5. That the door of remonstrance to their only protector
against the oppressions of the inferior functionaries, (the
Grovernor of the Colony) is closed, by the fear of drawing
down the severest punishment for making their grievances
known.
6. That the distance between this Colony and the Mother
Country is so great as to render any representation to your
Lordship, or the House of Commons, almost nugatory, as the
time that must elapse, and the difficulty of inquiry, must
weary out the petitioner.
7. That the Landdrost of the Country Districts at the Cape
of Grood Hope are possessed of greater powers and privileges
than any subject within the kingdom of Great Britain, however
high in rank or office.
8. That Memorialist has reason to beUeve that he is still
looked upon by the Colonial Grovernment as a refractory
384 Records of the Cwpe Colony.
person, tho' he can safely swear that His Majesty's Dominions
do not contain a more loyal subject, of which he could not have
given a better proof than he has, by hitherto confining his
complaints to the immediate executive functionaries, without
causing them to become a- subject of public discussion.
9. That Memorialist is not the only person who has been
aggrieved and oppressed by the Landdrost of Uitenhage.
Instances are manifold, and in the year 1819 the Field Com-
mandant Muller was obliged, on the part of the Inhabitants,
to forw€ud the Memorial (No. 16) to the Colonial Government,
of which however no public notice was taken !
10. That Memorialist may be informed that many of his
accusations against the Landdrost of Uitenhage are founded
on the grievances of others and not of himself, but Memorialist
begs most humbly to submit to your Lordship whether living
under a Magistrate who has been guilty of such actions is not
of itself a sufficient grievance ?
Memorialist humbly begs that your Lordship will be pleased
to take his case into consideration, and grant him redress for
the past, and protection for the future.
(Signed) H. Huntley.
UiTENHAOE, Gape of Good Hope, November Ist 1825.
[Enclosure 1 in the above.]
Uitenhage, January I4ih 1820.
Sm, — It is with extreme regret I find myself obliged to apply
to you to lay before his Excellency the Governor the very
unlawful and oppressive conduct of Lieutenant Colonel Cuyler,
Landdrost of the District, towards me.
According to the laws of this Colony we cannot recover debts
of smaller amount than 300 Rds. by any other method than
summoning the debtors before the Landdrost and Heemraden
of the District wherein they reside ; and they, in this District,
only meet once in three months ; and each person who does
not chuse to appear or pay his debts must be summoned three
different times, thus keeping his creditor upwards of nine
months before he can recover his money. This in itself falls
heavy enough upon mercantile men, and it would be supposed
Records of the Cape Colony. 385
the Landdrost and Heemraaden would at least devote one day
in three months to the hearing of any just complaint they had
to make, but in this district it is not the case.
Previous to the meeting of Landdrost and Heemraaden here
on the 6th of July 1819, I found myself obliged to compel
several persons by law to pay their debts to the firm I am
concerned with, and accordingly gave them over to the
Messenger of the Court, but in a few days I received for
answer from him that the Landdrost had directed him not to
summon the persons I required ; upon which I waited on
Colonel Cuyler and represented to him the impossibiUty of
preserving my credit as well as discharging a debt I owed the
School Commission, and which he had required me to pay, if I
was not allowed to summon the persons indebted to me ; he
replied that it was the order of Government and that I threw
impediments in the way of the Commando. I stated my
repugnance to throw the shghtest obstacle in the way of the
Commando, and put him in mind that I had thought it a duty
from its beginning to render it every assistance in my power,
and that it was the last thing I should wish to summon persons
actually serving with the Commando, but he (Colonel Cuyler)
positively refused to allow persons to be summoned who
actually were at the Town Hall, and only had to step into the
Hoom where the Court was held. That this proceeding on his
part was unlawful, I was well aware, as I actually knew of
persons on the Commando being summoned to Cape Town, but
I was determined to bear everything patiently, and not address
myself to Government as long as I could avoid it. I therefore
allowed everything to remain quiet till His Excellency's
Proclamation appeared m the Oazette stating the object of the
-Commando to have been accompUshed. I then again gave
over to the Messenger the persons who would not comply with
my request of payment. I was the last person on the RoU,
and all the other summonses went on in the usual manqer, but
when it came to my turn Colonel Cuyler immediately observed
that the summonses had been given too late, and were not
properly served, altho' I had given them to the Messenger
fourteen days previous to the meeting of the Court. I stated
to him the hardship I should suffer by being kept so long out
of my money, as he himself was aware I had myself large sums
xxin. 2 c
386 Records of the Cape Colony.
to pay, and the Merchants in Cape Town were particularly
distressed for money, and if the Messenger of the Court had
not done his duty I begged for redress. He rephed I could
complain to him of the Messenger, but not to the Court ; but
when I considered that upon my complaining to him out of
Court, he had not authority to compel the Messenger to make
good the sums I was kept out of by his neglect, I requested to
speak to the Court, which was allowed me. Upon my entering I
formally lodged a complaint against the Messenger for neglect
of duty, and begged them to take notice thereof. Colonel
Cuyler immediately, without consulting any of his Heem-
raaden or directing what I said to be explained to them in
Dutch, replied that there was no time to hear me, the Court
was dissolved, and I could wait for three months to bring my
complaint forward, and this whilst all the Members of the
Court were present, at about 12 o'clock on the only day they
had assembled during three months. Surely three hours is a
very short time for the administration of three months' justice \
I can conceive no other reason for Colonel Cuyler persecutiDg
me in the manner he does, than several of the Inhabitants of
this Village having requested me to draw out a Memorial for
them to His Excellency concerning the narrowness of the
Village grounds and the very oppressive fines of the pound here,
which I did, and it was shewn to him (Colonel Cuyler) by the
person who was to have presented it, but withdrawn upon his
promising to make the necessary alterations with his Heem-
raaden, without an application being made to Government,
which however he has not done, and I have therefore reason to
believe he disUkes the author.
I humbly hope his Excellency will take the case into con-
sideration, and prevent Colonel Cuyler from continuing his
persecutions against me ; he is well aware I have large sums
to pay, and a continuation of them must ruin me.
Hoping you will excuse my trespassing thus long upon your
time, I have &c.
(Signed) H. Huntley.
To Lieutenant Colonel Bird, Colonial Secretary,
Hecords of the Cape Colony^ 387
[Enclosure 2 in the above.] ^"
Colonial Office, 3rd Fdtruary 1820.
Sir, — I am directed by His Excellency the Acting Governor
to acknowledge the receipt of your letter of the 14th ult., and
to inform you that measures have been taken for fully in-
quiring into the accuracy of the allegations therein contained,
and in the event of such being estabhshed, I have it in command
to assure you that the most speedy redress shall be afforded*
His Excellency feels it his imperative duty to secure by strict
attention to the conduct of the pubhc functionaries the ready
and impartial administration of justice to the Inhabitants of
this Colony, but at the same time, a heavy responsibiUty will
attach to Individuals who may prefer groundless or malicious
complaints. I have &c.
(Signed) H. Ellis, Deputy Secretary.
To Mr. H. Huntley, Uitenhage.
[Enclosure 3 in the above.]
Colonial Office, Zrd March 1820.
Sm, — I am directed by His Excellency the Acting Governor
to inform you, that an investigation having taken place on the
several heads of complaint stated in your letter of the 14th
January last, the result has in the opinion of His Excellency
completely disproved your allegations.
Whilst His Excellency feels most anxious to secure an
impartial administration of justice to every Individual under
His Majesty's Government, he cannot but view with senti-
ments of the severest reprehension the preferring of groundless
charges against the public functionaries, and such being the
predicament in which you have placed yourself, I have it in
command to inform you, that unless you think fit to make a
proper submission to the Landdrost for your misconception
and misrepresentation, resort will be had to the usual course of
law for obtaining a reparation adequate to the injury purposed
to be done to his character. I have &c.
(Signed) H. Ellis, Deputy Secretary.
To Mr. Hugh Huntley, Uitenhage.
2 c 2
388 Records of (ke Cape Colany.
[EnckMnne 4 in the above.]
UITE9HAOE, March lOth 1820.
Sib, — I have the honor to acknowledge the receipt of your
letter of the %rd Inst., and in reply thereto, beg you will be
pleased to inform His Excellency that I am fully prepared to
substantiate the complaints contained in my letter of the 14th
January last, before any Court of Justice His Excellency may
be pleased to appoint. I cannot but express my regret that
I should have fallen under His Excellency's displeasure, but
trust whenever I am called upon to prove my assertions His
Excellency will see they are neither ungrounded or malicious.
I have &c.
(Signed) H. Huntlby.
To H. Ellis, Esqre., Deputy Colonial Secretary.
[Enclosure 5 in the above.]
To BBs Excellency Sir R. S. Donkin, K.C.B., Major General,
Acting Grovemor and Commander in Chief, &c., &c., &c.
The Memorial of Hugh Huntley humbly sheweth.
That Memorialist has received a letter from the Deputy
Colonial Secretary, stating that the prayer of a former memorial
presented by him to your Excellency could not be complied
with, and that the impropriety of memorialist's conduct towards
the Landdrost of Uitenhage was the main cause of your Excel-
lency's refusing the same.
Memorialist cannot refrain from addressing himself to your
Excellency in reply to the latter part of the above answer.
Memorialist has never to his knowledge been guilty of con-
ducting himself improperly towards the Landdrost of Uiten-
hage, or any other Magistrate, and has always treated Lieu-
tenant Colonel Cuyler with all the outward marks of respect
due to him, and if he has not felt the respect he shewed, it has
been owing to his (the Landdrost of Uitenhage's) conduct, for
who can feel respect for that Magistrate who so far lets the
violence of his temper overcome him, as to hoisewhip the
f^
Records of the Cape Colony, 389
Inhabitants placed under his charge ? Who can feel respect
for that Magistrate who, having a building erected at the
public expense for his convenience, makes use of the people
of the prison to drive his waggons, and receives the hire
thereof under the name of Leonard Brinkman, thereby plainly
shewing that he was himself ashamed of the action he had
committed ? Who can feel respect for that Magistrate who,
when a farmer had sold a load of com to another Inhabitant
for fifty rixdollars, orders him to sell it to himself for forty ?
Who can feel respect for that Magistrate who, when a farmer
wishes to apply for a piece of land tells him it shall never be
given to anybody, and afterwards appUes for and obtains it
for himself ? Who can feel respect for that Magistrate who
has the inhumanity to tell two of the Inhabitants of his District
that he will send them into Cafierland, and take care they
shall come back as naked as his finger ?
Yet all this and much more, exclusive of the treatment of
himself already stated by Memorialist to your Excellency,
does he pledge himself to prove that Lieutenant Colonel
Cuyler has been guilty of.
Memorialist cannot but conceive that the same person who
has been guilty of these actions has falsely traduced him to
your Excellency, and fully trusts to your Excellency's justice
for a full investigation on both sides.
Memorialist begs once more to state to your Excellency that
he has the utmost respect for all Grovernment functionaries,
and nothing but the injury Colonel Cuyler has endeavoured to
do his character would have occasioned the above statement.
UlTENHAGE, J^Hy 1th 1820.
[Enclosure No. 6.]
»
Trial in the case of His Majesty's Fiscal Dr. D. Denyssen,
R. 0. Prosecutor, versus Hugh Huntley, on Monday the
25th of September 1820.
[I do not think it necessary to copy the lengthy records of
this case, and give only the judgment of the court. — G. M. T.]
The Court having seen and examined all the Papers and
documents produced in this case, and having heard the verbal
390 Records of the Cape Colony,
claim of His Majesty's Deputy Fiscal, acting as R. O. Prosecutor
in this case, as well as the verbal defence of the summoned in
person, and having considered everything that could be con-
sidered in this case, declare that the summoned in person,
by having addressed himself (by letter of the 1 4th of January
1820) to Grovemment, with a complaint against Lieutenant
Colonel Cuyler, Landdrost of the District of Uitenhfiige, and
having thus in that case submitted himself to the decision of
Government, but not obeying the prescription of Government
addressed to him by letter of the 3rd of March last, must be
looked upon as opposing the commands of Government.
That further it appears that the charges contained in a
certain unsigned writing bearing date 7th July 1820, delivered
by the summoned in person himself to His Excellency Sir B>. S.
Donkin at the Drostdy of Uitenhage, consist of five points of
accusation.
The summoned in person, having in the first place, accused
the Landdrost of having beaten the Inhabitants placed under
his charge with a horsewhip or sambok, and on inquiry having
stated the injured persons to have been Backhuizen and
Oosthuizen, as also the son, and a certain female Hottentot of
Mrs. Gardner, without, however, having been able to prove
uny of these accusations, excepting so far as regards the
person of Backhuizen.
That further with respect to the second accusation contained
in the last mentioned writing, namely that the Landdrost had
made use of the pubUc services of the people belonging to the
prison for private purposes, and had received hire for himself
therefor, whilst he had caused a public building to be erected
for his own convenience : having only proved of this accusation
that a Justice Caflfer had driven a waggon belonging to the
Landdrost whilst it was employed m drawing stones, but it
appears that some money was given by the Landdrost to the
said Justice Caffer, without its exactly appearing for what that
money was a reward.
That further the third complaint which is brought forward
in the same writing, namely, " That the Landdrost had pre-
vented an Inhabitant from selling a load of corn for fifty Rix
Dollars and had ordered that Inhabitant to sell him the same
load for forty rix dollars." This complaint appears not to
Records of the Cape Colony, 391
have been proved, and has been denied by the person whom
it concerns.
That with regard to the fourth complaint brought forward
in that writing, " That the Landdrost Cuyler had prevented a
farmer from asking for a piece of land, by surreptitiously stating
that that land should never be granted to any person, whereas
he afterwards asked and obtained that land for himself."
This complaint is found wholly groundless.
Finally what regards the fifth or last point of accusation,
namely, '' That the Landdrost had been so inhuman as to
threaten two of the Inhabitants of his district that he would
send them to Caflferland and take care they came back as
naked as his finger." This complaint is only partly proved,
and furthermore was not followed by the deed, and therefore
could not furnish the summoned with any ground of complaint
to the Government.
That thus, besides that in a criminal action for injuries com-
mitted the truth of the statements do not entirely acquit the
author from guilt, if there is an appearance of " animus
injuriandi," or intention to defame, and the summoned by
expressly stating to the Government in the writing of the 7th
of July last " That nothing but the injury Colonel Cuyler has
endeavoured to do his character would have occasioned the
above statement," plainly shews that the summoned intended
to make Colonel Cuyler suspected by the Government of
malversation and maltreatment of his subordinate Inhabitants.
Also the summoned in person has by no means been able to
substantiate all the statements made by him to Government
against the Landdrost Colonel Cuyler to the satisfaction of the
judge, and thus for so far as the said accusations have not been
verified must at all events be looked upon as guiltj^ of making
a famous Ubel ; and therefore doing justice in the name, and
on behalf of His Britannic Majesty condemn the summoned in
person in a fine of Three Hundred Rixdollars for the benefit of
the District's Chest, with fiui;her condemnation of the sum-
moned in all costs, to be taxed and moderated by this Court,
and rejection of the fiui;her claim and conclusion made in this
case against the summoned.
Thus done and sentenced by Doctor J. H. Neethling and
P. S. Buissinne Esqre., forming the Commission of Justice in
392 Bicords of the Cape Colony.
the Country Districts. Die et anno ut supra, and pronounced
on the same day.
(Signed) J. H. Neethling,
P. S. BUISSINNE.
[Enclosure 7 in the above.]
Proceedings in the Trial Gerrit van Rooyen versus Hugh
Huntley, on Thursday, October 30th 1821.
[These proceedings as well as Enclosures 8, 9, 10, and 1 1 are
lengthy, and I think it unnecessary to give them. — G. M. T.]
[Enclosure 12 in the above.]
UiTENHAOE, \^h Febritary 1820.
Sir, — I have the honor to acknowledge the receipt of your
letter of the 3rd Inst, transmitting by desire of His Excellency
the Acting Governor the copy of a letter addressed by Mr.
Huntley to the Colonial Secretary with allegations against me.
The Court of Landdrost and Heemraaden meet in this
District agreeably to their Instructions, and attend to all legal
business brought before them with as much attention and I
hope I may venture to say justice, as any of the other sub-
ordinate Courts of this Colony I believe can do.
The people of my district assembled I think in the end of
April last for the General Commando, at which time every male
capable of bearing arms was appointed to some duty, either to
proceed with the* force intended for Kaflferland, or on the
constant patrolling duty in the settlement. The entire
District was from this time considered as employed with the
Expedition or Commando.
Previous to the ordinary time of meeting for the July term,
the District Messenger told me he had some summonses for
debts and begged to know if they could be served, when I
answered him no impediment could be put to obstruct the
Commando and such persons as were employed therewith
could not be summoned, but such as were not he might summon,
after which Mr. Huntley called upon me, as h^e states, when I
repUed to him as I had done to the Messenger.^.
At the Courts held in July and October foUowing I find some
Records of the Cape Colony, 393
cases of Mr. Huntley brought forward and judgment obtained
on them, as the enclosed attested extract No. 1 from the
records of the Court will minutely explain. On Enquiry of the
district's Messenger how it came no more of Mr. Huntley's
demands were on the roll for those terms, he replied " the other
debtors were all on the Commando."
At the quarterly meeting of the District Court in January
last, Mr. Huntley's cases were called off according to the order
they stood on the Secretary's Ust, a copy of which (No. 2) I
herewith transmit together with all those original summonses
of Mr. Himtley, as stated on the said Roll, which Summonses
I hope may be returned, as they are documents that may be
required at the Drostdy ; which I did not see or even know,
previous to their being so brought forward, and the summoned
parties not appearing, and Mr. Huntley demanding a second
summons, the Court enquired of the Messenger if there was no
return (relaas) to the first summonses, when he (the Messenger)
answered no, there had not been time for it, when I found
fault with both the Secretary and Messenger in bringing such
cases on the Roll before the Court upon which there was no
regular return of summons, and gave positive directions to
prevent the Uke occurrence in future. Mr. Huntley even then
pressed judgment to be given on a Note of hand, being case
No. 23 on the Roll, to which there had also been no satisfactory
relaas to the summons, which certainly the Court could not in
justice to the party not receiving the summons, do, when he,
Mr. Huntley, complained of neglect of the Messenger, on which
he was told, if the Messenger had neglected his duty he would
be made to answer for it, but that his summons had been given
in too late, when he asked me how he would be redressed. I
replied if he could make it appear the Messenger had neglected
his duty I would enquire into it and he should have justice
done. After the business before the Court had gone through,
the Court was in the usual way publicly adjourned, and after
the Members had left their seats and were walking up and
down in the room, Mr. Huntley entered, saying that he wished
to speak to the Court to complain of the Messenger's conduct,
when I repUed the Court was adjourned and repeated my
former reply (to Mr. Huntley) viz. that if the Messenger should
be found to have neglected his duty, he will be made to answer
304 Records of the Cape Colony.
for it ; on which Mr. Huntley in rather an impertinent manner
called >Ir. Secretary Allen to witness that I refused to attend
to his complaint and left the room. Mr. Huntley is not
correct as to the hours he states the Court were sitting ; the
fact is the Court sat upwards of five hours that day, and I do
not conceive it concerns Mr. Huntley if the Court had only sat
half an hour, if they discharged their duty.
Mr. Huntley also complains that debtors may keep their
creditors out of their money for three terms, the enclosure
No. 3, Extract from the Court's records, will show that Mr.
Huntley has taken advantage of this latitude.
I must remark that Mr. Huntley laboin:s under a very great
misconception when he accuses me of persecuting him in con-
sequence of his having drawn up a Memorial for the villagers.
Mr. Gert van Rooyen one of the Heemraaden called upon
me and put a paper into my hands : saying he wished my
opinion of it, when I observed it to be a Memorial from some
of the Inhabitants of this Village, stating the commonage to
be limited and that the schnt fines were higher than in any
other District, &c., &c. If my memory serves me I told Mr.
Van Booyen that I could not see any good the Memorial would
do, as the commonage could not be extended, being surrounded
by old grants, and that the fines were the same as at Graafi
Reinet, from which Drostdy we had copied our first code of
laws, and that it was the province of the Board of Landdrost
and Heemraaden to alter and amend them with the sanction
of the Governor, and that if the Inhabitants would attend to
the number of cattle allowed to be kept, there was more than
ample scope for them, as it was not intended the Villagers
should be Cattle Graziers, but that I wished, if he thought fit,
the Memorial might be given in and not suppressed from
anything I said. I was ignorant whether it was ever delivered
in, as I was of the person who drew it up until I received your
letter transmitting the copy of Mr. Huntley^s letter, with his
statement of the case, and hope here to be permitted to add
that the schut fines as at present aie no check to keep the
Inhabitants of the Village in order with respect to the careless
manner they suffer the Cattle to go about and continually
trespassing on one another's Gardens. I t4i» the liberty of
subjoining a copy from the Undersheii£Fs Books Xo- -I enclosure;
Records of the Cape Colony, 395
which will shew the number of Cattle pounded within a very
short period of time.
I declare upon my honor that I never had the smallest
animosity towards Mr. Huntley, and defy his proving one
instance of it, but to the contrary, I may say I befriended him
by aiding him in his mercantile pursuits by a Loan of money
at my disposal, which being afterwards required, I sent to Mr.
Huntley in September 1818, to beg if he could discharge the
obligation by the first of the next year, when he promised to
do it even sooner, and to this moment has he not discharged
the same.
I have desired the District's Messenger to furnish me with
a return of all the business he has had in hand from Mr. Huntley,
and have the honor herewith to transmit the same, No. 5
enclosure, for His Excellency the Governor's inspection, which
will I hope evince that I am innocent of the charge of oppres-
sion or of possibly using any the smallest private animosity
towards Mr. Huntley, and were it not that the young man,
(who was once an officer under my command) complains of
low circumstances and his credit at low ebb, I should solicit
that he might be compeUed to bring forward his charges
€tgainst the Chief Magistrate of the District under which he
resides, but not wishing to add to his distress by putting him
to expence and perhaps thereby exposing the little credit he
may still have at the same time, I hope he may meet with that
rebuke from my superiors which such a frivolous and vexatious
and I might add false attack upon my reputation seems to
require, and which would perhaps check his further arrogance.
I have &c.
(Signed) J. G. Cuylbe.
[Original.]
Lettef from Major General Bourke to R. W. Hay, Esqre.
Southampton, November 3rd 1825*
My dear Sir, — ^I have this day had the honor to receive
your letter of the 1st inst. It is quite true that I had not
^
396 Seeords of the Cape Colany.
before its receipt fully comprehended the precise situation in
which I am to go out to the Cape of Good Hope. Not being
aware that Lord Bathnrst had made any alteration in his
intentions as formeriy addressed to me, I found it difficult to
reconcile those with the hitter arrangements. The matter is
now quite clear, and tho' I foresee some little difficulty in
respect to the pUu^ of the Ueut. Grovemor in Council, it is
enough for me to have brought it under yoiu: consideration.
I must however beg leave to trouble you on the subject of
the hist paragraph in your letter. Tou state you '' can give
me no information in regard to the furnished house at the
Cape." I trust I am not to collect from this that the Grovernor
has not been instructed to issue the amount, as it would be
peculiarly unfortunate if at this late period there was any
misunderstanding on this point. Lord Bathurst was so good
as to say distinctly that I should be allowed a furnished house
in Cape Town whilst arrangements were making for my
establishment in the Eastern District, but if called to take
charge of the Grovemment of the Colony I was to give up the
residence thus allowed me, and remove into Government
House. It will certainly be my duty and wish to keep down
the rent of my House as low as possible ; but unless the
Grovemor is directed to issue the amount, I may be put to
serious inconvenience.
I shall hope to heco* from you that an instruction has been
or will be forwarded authorizing this expenditure. I will not
take up your time by shewing that it would be quite impossible
out of my salary to furnish a house suitable to my rank either
in Cape Town or the Eastern District, Lord Bathurst having
been so good as to assent to the representation I made on the
subject. I have &c.
(Signed) Richd. Boxjrkb.
[Office Copy.]
Letter from Eabl Bathurst to Lord Charles Somerset.
DowNiNa Street, London, 4th November 1825.
My Lord, — With reference to my dispatch of the 16th
ultimo, I have the honor to acquaint your Excellency that I
Records of the Cape Colony. 397
have authorized the Colonial Agent of your Government to
issue in advance to Major Greneral Bourke, one quarter of his
Salary as lieutenant Governor of The Cape of Good Hope.
I have &c.
(Signed) Bathurst.
[Copy.]
Letter from the Commissioners of Enquiry to the Secretary to
Government,
Cape Town, 4 November 1826.
My deab Sir, — Since we had the pleasure of receiving your
note of the 1st Instant, we have taken an opportunity of
requesting Dr. Barry to reconsider with particular attention
the subject of the conversation between you, and upon which
your observations were so strongly expressed. He has done
so, and has produced very strong grounds for inducing
us to beheve that the conversation took place subsequently
to the Interview at Government House to which you allude
in your last Note, and that it began on his part with the
expression of his wish that he might be furnished with copies
of the Proceedings that had taken place before the Commis-
sioners of the Court of Justice, at the instance of the Fiscal,
and was followed by a declaration of his intention to submit
the circumstances in which he was placed to us, not as a
matter of complaint but as a question that affected every
other Civil Officer in the service of the Government. In
support of this construction he has appealed to the evidence
of a Person whom at present we are not at liberty to name,
but who advised him to adopt that course of proceeding
previous to his Interview with you.
We greatly regret to find that upon a subject on which you
state that your own recollection is not very accurate, that of
Dr. Barry should have enabled him to fix with as much precision
as the case admits the subject to which your remarks were
applied, for without entering into any discussion of the opinions
which you have expressed on the very deUcate subject of the
398 Beeords of the Cape Colony.
propriety of the civil senrants submittiiig unsolicited infor-
mation to us except through the Grovemor, we really cannot
impute to you any intention of reproving or even of interrupting
Dr. Barry in referring to us upon such a point as that which he
now distinctly recollects to have been mentioned to you as the
subject of his intended reference. Dr. Barry has expressed his
full confidence of being able to bring the subject to your
recollection, and it would be much more agreeable to us to
find that the expression was the effect of inadvertence or of a
momentary feeling of irritation on your part, to which the
manner or the language of Dr. Barry in announcing his intention
might very probably have given rise.
We cannot have the smallest objection to the use you wish
to make of our communications to you on the subject, and if
we had not felt that the opinions that you have expressed,
coupled with the sudden aboUtion of the Office held by Dr.
Barry, may be subject to great misconstruction in England,
where they may be perverted to your prejudice, as well as to
ours, we should not have thought it of importance to have
troubled Lord Bathurst with any reference.
With regard to any effects in this Colony, we can only
regret that the occun*ence was of a nature to have found its
way into the community and to have made an impression that
we cannot beUeve was intended, either in the observation that
escaped you, or the manner in which the abohtion of the Office
of Medical Inspector has been announced to the Public.
We beg &c.
(Signed) John Thomas Bigge,
W. M. G. COLEBROOKE.
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst.
Gape of Good Hope, Sith November 1825.
My Lord, — I have the honor to transmit to your Lordship
copy of a Government Minute, which I have issued, with the
view of re-establishing the Supreme Medical Committee, which
\
Records of the Cape Colony, 399
was originally instituted by Proclamation under date 24th
April 1807, and I deem it necessary at the same time to enclose
Copies of the above Proclamation and of another of the 18th
August 1807, pointing out the duties which were to devolve
upon that Committee.
In the year 1821, whilst I was absent in England, the Supreme
Medical Committee was abolished by a Government Advertise-
ment, of which I annex a Copy, and the Office of Colonial
Medical Inspector instituted in lieu thereof, to which Situation
Dr. Robb was appointed. On the 18th March 1822, 1 nominated
Dr. Barry to this office vice Dr. Robb resigned, and he has held
it ever since.
On reflecting however on the various important duties which
were entrusted to the Committee by the Proclamations above-
mentioned, as altered by a subsequent Proclamation of 26th
September 1823, also enclosed, it appeared to me they were of
a nature and quahty which rendered it expedient that they
should not be placed exclusively in the hands of One Indivi-
dual ; and I must confess that circumstances which occurred
in more than one Instance, connected with the execution of
the official Duties of that office, together with the represen-
tations thereon which were made to me by Sir Richard Plasket,
convinced me of the necessity of re-estabhshing the Medical
Committee.
Notwithstanding this was merely an executive arrangement,
I communicated my Intention on the subject to Council.
In carrying the arrangement into effect, I desired Sir Richard
Plasket to offer to Dr. Barry a Seat in this Committee, which
he refused, unless he was appointed President, a measure quite
impossible to effect. Dr. Barry being on the Military Medical
Staff here in the subordinate rank of Assistant Staff Surgeon,
and his being President would consequently have excluded
nearly all the Faculty of Science and Reputation of the Place,
and would of course have given just offence to the Public.
In the conversation which passed on this subject, Dr. Barry
accused Sir R. Plasket of being personally hostile to him, and
of having in consequence thereof used all his endeavours to
get him displaced from the Service, which induced Sir Richard
to request of me not to carry the arrangement into effect at
that moment, but to submit the whole case with the corre-
400 • Records of the Cape Colony,
spondence that had passed between Government and Dr. Barry
(and on which Sir Richard had originally remonstrated against
to me) to the dehberation of Council.
I now transmit to Your Lordship the Resolutions of Council
upon this subject, and upon which I issued the Minute above-
mentioned.
I deem it necessary to add that this was one of three Situa-
tions which Dr. Barry held under this Government, independent
of his being Physician to my Household, and that he has been
so ill advised as to resign the whole of these Situations, in
consequence of what he calls " harsh treatment " in the
arrangement abovementioned. I have &c.
(Signed) Charles Henry Somerset.
[Copy.]
Letter from Assistant Secretary Brink to the Receiver
General.
Coix)NiAi. Oftioe, 5th November 1825.
Sir, — I am directed by his Excellency the Governor to
request that you will transmit to me a statement of the
different issues you have made from the treasury, (during the
tiime that you have held the office of receiver-general), without
receiving regular warrants for the same at the time the respec-
tive issues were made, previous to the 30th of November 1821.
You will be so good as to specify the amount of each issue,
the nature of the service to which it was appropriated, the
date at which it was made, and to transmit a copy of the
authority by which each issue was made, and if by verbal
authority, you will be pleased to state from whom you received
such verbal direction. I have &c.
(Signed) P. G. Brink, Ast. Secy, to Govt.
Jteoords qf the Dope CkiUmy. 401
[Qngmal.]
LeUer frtmi TwnwTAfi Tsasfsi^, £b<pes., to ike Ooimassiovsic^;
GxsTLXKasi. — In your 'hstAesr of the 21st ultimo ycm hnv^
partarnhirTy jwfarred to BBitaiD circm&stttnoe& which you thiink
it most proifaable the Gov^Bmar -will appeal to in the oosmse df
ainr answer tJiat lie may tniTtffnrit to 1^ chaises which I hav^e
prefeEred Rgatnwf liini, and in xdncticatian d his decUo^
objedacm to azrr measore or association in which I wais like^
to take a Ifaifing part. Your q^ecial i^ieresice to tiiede cii^ccim^
stanoes indnoes me to oSfsr a few obserratioins upon t^tt.
The nature of oertain imnarkB oontaxDed in tt^ ^nd nambet
ct the S&td^ Afrksam Jcmnui is conoedvdd to be one pdiK^pal
rifwiwwd^aiwp on whidi Ixaxi CSiarles is likefy to i^y in vin^
dication of his oondnct towanls me. Xow tiio'' it is evidently
impoBsiUe, vntO the paiticniar passages ob}e<^)ed to ax^ bro«^t
forwaid by his Lioidsfajp, and the groands of his objection
to them distinctfy stated, for me to meet him fairiy ^^oid fully
on this point, jet as I think I can pardy guess^ from the
objections orged by the GoTeixKH* in my interview with him on
the subject of the Jourmal^ what may be the probable drift of
His Lordship^s arguments, I shall take this occasion in some
degree to anticipate them.
Lcml Charles, at that interview, accused me, among other
things, ot having calumniated his Government in our JoHtnaJt^
and in proof of the justice of this accusation specified par^
ticularly our notice of the ineflScient defence of the Frontier^
and the abuse of power by local functionaries, as among the
causes of the failure of the Albany Settlers.
I denied then, as I do now, the chai^ of having " calum-
niated " his Lordship's Government. We had in fact stated
nothing whatever in the Journal which we did not bona fide
believe to be true. K we had however alleged anything that
could be shown to be false or inaccurate, it was easy to con-
tradict it. But, so far from seeking occasions to acouse^ we
had really endeavoured, as muoh as we conscientiously oould,
to exculpate and speak favourably of the Colonial Government.
xxm. 2 D
402 Records of the Cape Colony,
I took up the Journaiy and in evidence of this spirit pointed
out to His Excellency the foU owing expressions, which bear
expressly on the papers he objected to : "In speaking of the
Cape we intended no reflection on our existing authorities.
They have, no doubt, considered it their duty to administer
the Government as authorised by England, and as it devolved
upon them from their predecessors. We ascribe neither praise
nor blame to any individual, but we cannot pass over a cause
so influential without stating it frankly, though not invidiously."
I also referred cursorily to other passages in the same number,
particularly to the conclusion of the article on the " CSvil
Servant's " book, and to an article on the Navigation of the
Kowie, in proof of our sincere desire to do full justice to his
Lordship's Government whenever we found a fair occasion.
But in respect to the cavses stated as having contributed to the
failure of the Settlers, I urged that we could not omit any of
them without giving, as we conceived, an unfair and conse-
quently a mischievous view of a very important subject ; that
moreover, we had not ascribed either the despotic system of
Government or the defective system of frontier defence to his
Lordship individually, for both had likewise existed in the
time of his predecessors, to which our observations equally
applied ; but that if we treated the subject at all, it was
necessary to notice (and we had done so in the most calm and
cursory manner) these among the other circumstances affecting
the condition of the British Emigrants. Such was the purport
of my argument, though perhaps not quite so distinctly ex-
pressed as it is now written.
His Excellency replied to it by saying " that if we could not
discuss the condition of the settlers without introducing such
topics, we ought to have avoided the subject altogether." He
also affirmed that all the accounts we had published of recent
depredations by the Caffres were utterly false. That his son
had told him so, adding with indignation, " And have you, sir,
the presumption to account yourself better acquainted with
these matters, or a better judge of military affairs than myself,
or the Commandant and the officers on the frontier ? " or
words to that effect.
In fact His Lordship was too angry either to listen to reason,
or to speak to me without continued bursts of reproach and
Records of the Cape Colomy. 403
sarcasm, which discomposed and irritated me, on the other
handy too much to allow me to debate the subject with him as
it deserved to have been debated. His objed on that occasion,
too, I plainly perceived was not aigoment, but intimidation,
and to avoid abnse I declined further discnssion.
Now, Grentlemen, I submit to yon as candid and impartial
men, whether, with the opinions which we conscientioiisly
entertained respecting the causes of the faflnre of tiie settlers,
we could honestly have treated the subject otherwiBe than we
did, if we discussed it at aU? On the other hand, to have
adopted the course the €iovemor says we should have taken,
and remained entirely silent on the subject, would have been,
in our apprehension, a mis^uble and cowardly derehction of
our duty towards our unfortunate countrymen, while at the
same time it would have tacitly implied a reflection upon the
charticter of the Colonial €iovemment far more severe than any
that can be found or fancied in our writings.
We sincerely wished, however, as pradent men, to avoid if
possible any collision with the Colonial Government. We
carefully avoided any sort of personal reflection on any indi-
vidual, or on any class or body of men in the Colony. We
contented ourselves with briefly stating what we considered
absolutely indispensible in regard to the settlers, and abstained
from much that was deplorably trae. We acted as we imagined
honest and cautious editors might safely act under an honest
though jealous Grovemment. The result has convinced us
that our opinion of the Colonial administration was far too
favourable when we gave it credit for even a moderate degree
of wisdom or honesty. We could never have been treated as
we have been on account of our Journal by any other than a
tyrannical, cowardly, and corrupt adnunistration, resolved to
discard all faithful counsel, to quash all independent opinion,
and to screen every abuse of its minions from investigation, an
administration, in short, " which loved not the light, because
its deeds were evil."
It appears to me, therefore, that Lord Charles Somerset has
taken up but a feeble line of defence (tho' I presume it is the
best he has) in attempting to vindicate his subsequent perse-
cution and proscription of the Editors of the South African
Journal^ and his declared determination to thwart and oppose
2 D 2
I
404 Records of the Cape Colony,
and put down every measure or an association, however
innocent or praiseworthy, in which they might be concerned,
on the ground of the '' obnoxious " passages in our 2nd
Number. I boldly maintain that there was nothing whatever
in that number, or in any part of the Journal, that ovght to
have drawn upon the Editors the resentment, far less the
vindictive persecution, of a good and honest Government. His
Lordship's implacable resentment on that account only shows
that, while conscious of acting wrong, he was incapable of
reformation, that he was determined to add injury to insult,
and to excommunicate and crush men whom he felt he could
neither purchase nor conmct. Such is my true opinion on this
point. Gentlemen ; we shall see hereafter what his Lordship
has to say upon it.
But if this ground of vindication be of a description little
likely to benefit his Lordship's cause or character, how much
more wretched is the other point to which he appeals in his
exculpation. His Excellency supposed me to have taken a part
in the composition of a paragraph contained in the " Commercial
Advertiser,^"* which was personally and pointedly offensive to
himself and his family,
I shall not now, Gentlemen, enter into any discussion of the
character of Mr. Greig's newspaper, or of any particular para-
graph in it that may have proved offensive to the Governor or
his family. His Majesty's Home Government has sufficiently
expressed its sense of the Governor's indefensible conduct in
regard to that publication, by sending out the proprietor to
recommence it upon a firmer footing than he possessed before.
Neither does it seem necessary for me to declare what articles
or paragraphs I may have contributed to the Commercial
Advertiser, and what* I have not. From you, Grentlemen, I
have never concealed, nor do I now wish to conceal, my frequent
contributions to that Newspaper. But it is clear that Lord
Charles' hostility towards me on that account must rest
entirely on suspicion ; or if he possesses any positive evidence
of my having contributed at all to the Advertiser, (which though
a crime in his Lordship's catalogue is a merit in mine), his
information I conceive can only have been obtained by means
the most illegal or unworthy, by searching Greig's private
papers, or tampering with Greig's starving compositors, when
Records of the Cape Colony. 405
he had banished theu* master, the sacrifice of whom it seems
was yet insufGlcient for his vengeance. I am proud to declare
that I have never written nor edited a paragraph nor a line in
this Colony which I am either ashamed or afraid to own.
Whenever a charge is made of my having done otherwise, I
shall know how to meet it. I am conscious that the Governor
cannot possibly produce any grounds for such a charge, and
that his bare supposition or suspicion^ therefore, and that too
of a suppositious crime, is the sole ground upon which he has
ventured to avow his hostility on this head, and his determina-
tion to thwart and oppose whatever I might be concerned in.
What a striking picture does His Lordship thus afford of his
system of administration !
If he does not hesitate to avow hostility upon such vague
" suppositions," may I not fairly infer, a fortiori, his bitter
{tho' unavowed) resentment on account of my having furnished
information to you of flagrant abuses existing in his administra-
tion of the Colony ?
But, supposing it for a moment credible that His Majesty's
Government will admit the circumstances above referred to to
have any weight in vindication or palliation of the Governor's
conduct towards me, as an Editor of the So^vth African Journal^
or as a " supposed " contributor to Mr. Greig's Newspaper,
what must all impartial and upright men think of the sup-
pression of the Literary and Scientific Society solely because
Mr. Fairbairn and I were concerned in it ? or of the insulting
letters from the Colonial Office addressed to Mr. Blair and
myself, in reply to our respectful applications on behalf of that
Society, when contrasted with His Lordship^s letter, written
only a toeek or two afterwards, to the Fieldcornet Van der Nest,
and the respective Burghers of the Baviaans' River, in reply to
their laudatory addresses in favour of his son ! Finally, what
will be tldought of His Lordship's declaration to Mr. Hart (as
detailed in my letter to you of August 7th) and his hostility
to my brother John avowedly on my account ? I do not fear.
Gentlemen, to encounter even the brother of the Duke of
Beaufort, in Lord Bathurst's office, or in the British House of
Commons, on such grounds.
In regard to the declaration of the individuals whom you
have examined of the Committee for building the Scotch
1
406 Records of the Cape Colony.
Church in Cape Town, of their ignorance of my name having
ever been proposed as a member, a few words may suffice. At
the timewhen I wrote my letter to Earl Bathurst the information
I had received on that point had impressed me with the belief
that my name had been pvblicly proposed and rejected on the
grounds I stated. I have subsequently learned that the matter
did not go quite so far. My name, it would appear, had only-
been brought forward in some preliminary or private conver-
sations, by some of the friends of the undertaking, when they
were canvassing among themselves about the election of the
CJommittee, Mr. Pillans, the merchant, and some others I
understand wished to propose me as a member, but it wa&
earnestly objected to by Mr. Grant particularly, upon the
grounds I have assigned, and my name was, in consequence^
not publickly proposed. I have therefore, from misapprehen-
sion, somewhat overrated perhaps, the importance of the
matter in my letter to Earl Bathurst. You will be able to
ascertain, I imagine, the precise facts by examining Mr. Pillans.
I have &c.
(Signed) Thos. Pringle.
[Original.]
Letter from Lord Charles Somerset to the Commissioners
OF Enquiry.
Government House, Cape Town, November 1th 1826.
Gentlemen, — I have been honored with your Letter of the
22nd ultimo, informing me that you had received a Letter
from Mr. Thomas Pringle, in which he alludes bo the favors
for which he alledges I claimed credit in an interview I had
with him in the presence of Sir John Truter, last year, and in
which Letter he disclaims all idea of favor towards himself or
the members of his Family. And I beg to return you my
best thanks for the opportunity afforded me of making some
observations thereon previous to your submitting your Report
upon his case to Earl Bathurst.
I had the honor to transmit to Earl Bathurst my Replies to
Records of the Cape Colony. 407
a very extraordinary statement of Mr. Thos. Pringle's to his
Lordship, by which it will probably appear that scarcely any
part of his Statement was strictly conformable to truth, and
that many parts of it were entire and gross fabrications.
In the present instance Mr. Pringle assumes that which is
not true when he asserts that / took credit for favors which
/ bestowed on Mr. T. Pringle and his family. In the interview
I had with him I took the opportunity of stating to him the
favors he and his family had received from the Colonial
Government. It would ill become me to boast of Favors /
individually bestow, because all the encouragement given by
me to Individuals in my public Capacity is given on the part
of the Colonial Government, for which indeed I am responsible,
but for which I am not desirous to claim any personal thanks,
the same being done on public grounds.
In stating Mr. John Pringle's emoluments when employed
on the Somerset Farm, Mr. T. Pringle has avoided to mention
that he was accommodated with a House for himself and
family, and enjoyed other advantages from the farm. Mr. T.
Pringle's imputation respecting the Negro Apprentice being
taken from Mr. J. Pringle " because he was his brother " is too
contemptible almost to comment upon. It will be evident
however that Mr. John Pringle, as a Servant of the Farm,
was indulged with the services of one of the Government
Apprentices ; when the Establishment was broken up, of course
the Government Apprentices were removed to other Services
where they would be properly treated, and the Apprentice,
with whose Services Mr. John Pringle had been indulged, was
placed with Donald Moodie, Esqre., the Government Resident
at Port Frances.
I shall detain you. Gentlemen, with only one more remark^
which is on the assertion made by Mr. T. Pringle that his
Successor as Sub-Librarian received a larger Salary than
himself ; to prove how unfounded this is, I have the honor to
enclose a certificate from the Auditor, shewing that Mr. Jardine
(Mr. Pringle's Successor) has only received 1000 Rds. per
annum. I also enclose the copy of a Receipt from Mr. Pringle,
dated 22nd January 1823, by which it will appear that the
Committee of the Library took upon themselves to allow Mr.
T, Pringle 250 Rds. for his expences to Cape Town from his
40b Becords of the Cape Colony.
Location, being the only instance of any allowance beyond the
Salary of 1000 Rds. per annum having been made. to any one
of the Gentlemen, viz. Mr. Harmsen, Mr. Hanson, or Mr.
Jardine, who have held the appointment of Sub-Librarian
since the Establishment of the Library. I have &o.
(Signed) Charles Henby Somerset.
[Office Copy.]
Letter from R. W. Hay, Esqbe., to the Commissioners of the
Navy.
Downing Stbeet, 7th Novewher 1825.
Gentlemen, — I am directed by Earl Bathurst to transmit
to you copy of a Memorial which has been received from Mrs.
Catherine Stretch praying that a Passage may be provided for
her on board any Government Vessel which may be going to
the Cape of Good Hope ; and I am to request that should
such an opportunity oflFer for her conveyance to that Colony,
a Passage may be afforded to her accordingly. I am &c.
(Signed) R. W. Hay.
(Original.]
Letter from John Barrow, Esqre., to R. W. Hay, Esqbe.
Admiralty, 1th November 1825.
My dear Hay, — Flasket's letter on the Constantia wine has
astonished me not a Uttle, but it has opened my eyes to two
circumstances regarding the said wine which I could not
understand : the smallness of the quantity we have of. late
received (once in two or three years) and its deteriorated
quality. Left to the management of the first Messenger !
pho ! the job stinks in the nose. Now I'll tell you how it was
Records of the Cape Colony, 409
managed in the good old times of my good and worthy master
Lord Macartney... As §obn as the vintage was fairly in the
Cellar, a committee of three of the Civil and Military servants
(of which I used frequently to be one) were directed by the
Government to proceed to Constantia, to taste the Wine and
to select the number of half aums in the name of His Majesty
which were to be sent home. The casks so selected were then
sealed^ and by the first conveyance were sent home. Not a
drop, to my knowledge, was given even to the Governor at
the Cape. It all came home to be divided between His Majesty
and his fedthful servants.
I don't exactly remember what the quantity annually
delivered amounted to, but I trust that quantity j be it what it
may, will continue to be received, and for this reason : the
price in the Market is at least four times that at which the
Proprietor is obliged to deliver it to his Majesty, and he holds
his farm on the condition of delivering the quantity mentioned
at the fixed price of 25 BixdoUars. He tried hard to get rid of
this clause, but Lord Macartney was inexorable, and said he
did not see why the King of England and his Servants
should not drink Constantia as good and as cheaply as the
Burgher meesters of Holland had done for the last hundred
years.
With regard to the disposal of it, I should say : ascertain
from Lavell how many dozens (for I forget) are contained in a
half aum ; look at the list of those who receive their 10 and
their 20 dozens ; calculate how many half aums (allowing for
leakage, which the first Messenger is so well acquainted with)
will suffice for the annual present of His Majesty ; and if any
remain let them be sold at the Cape, or let the Proprietor take
them at something less than the market price, and carry the
proceeds to the revenue, which, as you will soon find, has need
enough of it.
Apropos of wine. In all parts of the world, except the Cape,
the Merchants engaged in the trade think they can rely on
their own ta^te ; but in this unhappy Colony they are not
allowed to export a pipe of wine which has not undergone that
of a young Somerset or his Deputy. Proh pudor ! abolish the
wine tasters for heaven's sake, and do it without consulting
the Commissioners, if you wish to avoid 1825 folio pages on the
410 Records of the Gape Colony.
history thereof. Who first suggested the brilliant idea I knqw^
not, but we did very well without them in my time.
Yours &c.
(Signed) J. Barbow.
[Original.]
Letter from the Reverend C. I. Latbobe to Eabl Bathxjbst.
Ith November 1825.
My Lord, — Permit me to request the favour of a letter of
recommendation to His Excellency the Governor of the Cape
of Good Hope for two Missionaries of the Church of the Unitas
Fratrum, John Lemmertz and his wife Agnes, who has been
nearly ten years employed in the Mission among the Hottentots »
and is returning thither, and Christian Gabriel Sonderman and
his wife Augusta Sophia.
They purpose sailing in a few days, and trust to your Lord-
ship's favour and condescension to grant their request, and
that of My Lord, Your Lordship's &c.
(Signed) Chbist. Ignats. Latbobe,
Secretary of the Church of Unitas Fratrum.
[Original.]
Letter from John Babbow, Esqbe., to R. W. Hay, Esqbb.
Admiralty, November Sth 1825.
My deab Hay,— I enclose you an Extract from a letter I
have just received from the Cape of Good Hope containing a
statement of financial difficulties of that Colony which may not
have reached your office.
It is difficult to imagine in what way they can have occurred.
The public Revenue was not half the amount in our time, and
yet we had an accumulating balance after payment of all
Expenses. I am &c.
(Signed) J. B.ibbow.
i/^:'^i^ r '•'*'
1 * ■
Extract of a letter fecnv ^ -^
August 182o. ^^ ^ ^^ . ^^
"^*^^"■^^^^-^-^--'■••-■^ ^ ■^'^"'''
was a surplus m that y«u---- .
of Bds. 250.000 «.^'^^^,^^..
"That ^^}^}^^^,^ ".. -' ^•-
Commissariat is I ^^^T! ^^^^^ ^^:^^ r
Hioney in the Treasury "'^l:^^
and 250,000 were bo^:^^"'^..^
pany to effect that m«**^?'C-^-^- ^ ^_, ,
^But besides the* '-^^.*T* ^J "■^".^ •---'
annual Revenue, •=*? '* ;^.^_. ,^ ^,T «•»•
England in 1823 to tee *nu n^ ."^ ■- .
630,000 IMS. -"^ i,-r^^^ ^r.^^.r --
this gtatement, stoft ** 1:1 ^ ^^^ -yt r^r -:.^- -- :5 -
they win obtain mDc^Jt^^ : ^ti ^--^ -- • '—
it to Mr. Horton if you tc_^ ,-«^ .-«
or nearly so. It P^-^.^ '^- 'f"
31 years has exceeded '^^:^-^^-* ^ ,^ -.^ ^ ->.
..Inthemeantunet^J^o^^^^ u ---<
6th of Jnne as a breaz-i. « ^^t .->:^.r. v-. ^.v -
The hostile feelings of ti* t.^-'-—
v.:-; t:^t-:^*^ ' -»^
never have been ^V>«^7;-^ ^^ W a '^ --'
have known the P^" ,^^1;^^^-.^ C^: - -
district the sentiment* ci .^ ^>^ J- ^
Imaged and that apprei.«^i.fl* »-♦* ^- -* -^
niifiled into violence. "rjT:^ '^ ,,^ ».,..,^. ,
it is sad to know that tbs i»^-« ^ ^^^
injustice."
[Original.^
Cape or Goyx> Hvhk, AV/*^**'/*' >^ •>^>'"
^I have the Honor to ackuowl»5<i>i*: ti**: K^z/i,./ '/
412 Records of the Cape Colony,
Letter addressed by Mr. Griffin to Mr. Wilmot Horton, by
order of the Master General and Board of Ordnance, relative
to the sale of a Cottage at Wynberg given over to the Ordnance
Department as an Officer's Quarter, which for reasons which I
considered extremely advantageous to the Pubhc I was led to
Authorize.
Your Lordship is pleased to express your hope that " I shall
not again be betrayed into such irregularities." I presume
that your Lordship has been induced to characterize my
conduct by such an expression from the Board of Ordnance
having withheld from your Lordship the Correspondence which
took place previous to my authorizing the sale in question.
Had that correspondence been submitted to your Lordship,
your Lordship would have perceived that I took infinite pains
to ascertain the cause of the unceasing and vexatious Expences
required for this insignificant building during and after every
winter, and that the Commanding Royal Engineer coincided
with me as to my opinion of the expediency of disposing of it.
As the Expences of the Ordnance Department on this Station,
and the Annual Estimates relating thereto, that are trans-
mitted home, as well as every Item of current expence in that
Department, require my signature and approval I was ignorant
until the receipt of Mr. Griffin's letter, enclosed in your Lord-
ship's Dispatch of the 4th August, that I was unnecessarily
interfering in the Business of the Ordnance Department when
I authorized anything that would lead to the saving of a
constant expence, and indeed I had considered, until now, that
it was as much my duty to endeavour to avoid Expenditure in
that Department of Government as in any other under my
control.
I shall however in future decline offering any interference
whatever, unless the Item submitted has been previously
authorized by the Master General and Board.
I have the Honor to enclose to your Lordship the whole
correspondence that has occurred on this subject, by which I
doubt not your Lordship will be convinced that I have not only
been actuated by a sense of duty to the Public Service, but
that to the extent of the Property in question the PubUc never
obtained a more advantageous Bargain. I have also the
honor to annex for your Lordship's information, a Memorandum
Records of the Cape Colony, 413
of the manner in which this Building was originally erected
and by what means it came into the hands of Grovemment.
In order to put your Lordship in full possession of all the
circumstances, I must here add, that two other Buildings in
this Cantonment, erected under precisely the same circum-
stances and taken possession of by Government at the same
moment and under similar conditions, were disposed of to
individuals from the same cause, viz. : the instabiUty of the
materials of the Buildings, and the constant Repair they
necessitated.
The disposal of these took place at two distinct periods,
previous to the Cantonment being made over to the Royal
Engineer Department, and the measure was considered an
advantageous one to the Public Interests, although the Terms
were greatly less favourable to the Public than the one now in
question. I have &c.
(Signed) Chables Henry Somerset.
[The Enclosures are voluminous, but can be of no interest
now, so they are not given. — 6. M. T.]
[Office Copy.]
Letter from R. W. Hay, Esqre., to Mr. D. P. Francis.
Downing Stbbet, ^th November 1826.
Sir, — ^I have received your letter of 29th Ultimo, and regret
that I cannot hold out to you any expectation that your
request to be furnished with a Copy of the Report on your
case which has been sent home by the Cape Commissioners
can be complied with.
The documents which they have transmitted relative to
yours and other cases of a similar description are very volu-
minous, and evince so praiseworthy an anxiety on their parts
to avail themselves of every possible channel of information
by which any light could be thrown on the different points
proposed for their elucidation, that no doubt can remain of
their having sought out the best evidence which was to be had
414 Records of the Cape Colony.
to assist in their investigation ; and having already read to
you such parts of their Report on your Memorial as were
considered most important for your interests to be acquainted
with, I am not aware that I can with propriety do more.
You mentioned to me when I last saw you, that you were
desirous of knowing whether the Commissioners had examined
certain persons to whom you had referred as most capable of
affording information respecting the points on which you
considered you had most. reason to complain.
As I do not perceive in your Memorial to the Commissioners
any reference of this kind, I am unable to satisfy you in this
point, but if you will let me know the names of the Parties in
question, I shall take care that you are informed whether they
were examined by the Commissioners as suggested by you.
I remain &c.
(Signed) R. W. Hay.
[Copy.]
Letter from the Secretary to Government to the Commissioners of
Enquiry,
Wednesday, November 9, 1826.
My dear Sirs, — My temporary absence from Cape Town
prevented my receiving your letter of the 4th Instant until
last night, and I must confess the contents of it have given
me great pain.
I have already expressed to you my positive assertion that
the observation I made to Dr. Barry took place previously to
the Fiscal's Medical Inquiry. I have also stated to you, as
nearly as my memory will authorise me so to do, the occasion
upon which I made that observation. I have denied in the
strongest manner the truth of the two assertions made by
Dr. Barry, and referred to in your previous letter of the
1st Instant, and in confirmation of my statement I have
requested a reference to be made to Lord Charles Somerset
and to Mr. Kekewich, Judge of the Vice Admiralty Court,
on the occasion of the Interview at Government House.
Records of ike Cape. Colony. 415
I now deny in an equally strong and solemn manner the
last assertion which Dr. Barry has thought proper to set up
with regard to his demand for copies of his correspondence
with the Fiscal, and shall as in the other two cases state the
facts as they occurred.
Mr. Brink came to me one morning and stated that Dr.
Baxry had not returned the original correspondence of the
Fiscal. He said that he had spoken to Dr. Barry, who said
that he could not retnm them until he had made copies thereof.
As these Documents were required to be submitted to CoimcO,
I desired Mr. Brink to write out an Official I^etter to Dr. Barry
stating that it was necessary he should return the papers
forthwith, but that if he wished to have copies of them I would
order them to be made for him at my Office. This letter was
written and signed by me, but from what Mr. Brink tells me.
Dr. Barry had returned the original Documents before my
letter could have actually reached him. And this is all that
I ever heard of copies of that eotrespondence.
It appears however, that Dr. Barry's memory and his per-
sonal statements to you have been so precise, and that they
have been so backed by some Person whose name (for reasons
that I am at a loss to account) you do not feel justified to
mention, that you are inclined to heheve his statement to he
correct, and would fain hope that my warmth of feeling may
have led me into an inadvertent expression which the irritating
language of Dr. Barry had forced upon me.
As to my memory, I regret with you that it cannot fix the
moment when the conversation took place, but I had much
rather it should be so than that I should follow the plan
which Dr. Barry appears to me to be pursuing, viz. of making
his memory of such a convenient nature bs just to meet and
suit his own views and purposes.
To wave, however, all discussion between Dr. Barry and
myself as to the period of the conversation, and to come to
the most important part of the question, viz. the nature of
the observation I made as alluding to your Office, I beg leave
to assure you that such observation was not made by mo
inadvertently, and on a recurrence of the occasion that brought
it forward I should make it again.
But as this must become matter of reference to Earl Bathurst,
416 Records of the Cape Colony.
it will be necessary to repeat what I did say and what I think
I was perfectly justified in saying, viz. that in the event of any
Groverhment Officer who had been ordered by Government ta
investigate or to enquire into any particular case presuming^
to report the result of such investigation to the Commissioners
of Inquiry instead of reporting it to Government, I would,
were I Governor, dismiss that Officer from his situation.
I am well aware of the importance of the Office of a Com-
mission of Inquiry and of the delicate nature of its functions.
I am well aware that it is the duty of the Government and my
own duty in the high situation I hold here to support and
uphold it, and to afford it every possible facility in the execution,
of the authority entrusted to it. And I will appeal to you.
Gentlemen, whether I have fulfilled my share of duty in this
respect since my arrival here. I will appeal to you whether I
have not acted up to it to the utmost possible extent, nay that
I have gone beyond it, that there is scarcely one public Act of
this Government promulgated since my arrival here that I
have not submitted privately to the consideration of either
one or both of you, tho' chiefiy to Mr. Bigge, and altho' by so
doing I never had the slightest idea of attaching any respon-
sibility to either of you, or of absolving myself from any such,
in consequence of my private communications, still I must
claim from your Justice the fact of my having done so, and of
my having been always ready to attend to any suggestions
that might fall from you on those occasions.
But my duty towards the Commissioners of Inquiry was not
my only business. I had another and a still more important
duty, viz. to uphold the Government itself, and to support its
dignity and authority.
These are the principles upon which I have been brought
up. I have now served His Majesty's Government for twenty-
' seven years, and altho' by no means independent, I should
neyer keep my situation one moment were I not to be allowed
to act up to them, and I should have thought myself very
culpable indeed in this part of my duty had I allowed Dr.
Barry to continue in his system of bullying and brow-beating
the local authorities, of acting in open violation to the laws, of
questioning the purity of the Members of His Majesty's Council
to whom his case was about to be submitted, and lastly, of
Records of the Cape Cd'Om^^ 417
making a handle of the Commission 6L Inqiiiiy tar the sole
purpose of setting the GoxenauaA at defiance. Whatever
professional talents Dr. Bany may po^^e^ and whateTer
support and confidence he may derive theitrfionL, they cannot
afford any palliation of such conduct. I have dcme aU I could
for him by warning him frequently oi the impropriety al his
conduct in his official correspondence ; and althou^ he may
now wish for purposes of his own to twist his lemo^^ from
one situation (out of four wliich he held under this Gk>Tem-
ment) to his not being allowed to complain to the Commissioners
of Inquiry, the official Records of this Government and the
Proceedings of Council will prove a complete refutation of any
such ridiculous idea, and indeed without such Documents the
conduct of the Government towards the Commission of Inquiry
during its long residence here, the anxiety it has always shewn
to afford every information and explanation, would in itself at
once refute anv such base insinuation.
On reperusing your letter I find that I have not explained
myself upon one point, viz. as to Government Officers affording
general information unsolicited to the Commission of Inquiry.
I have only to repeat on this subject what I stated to you in
my first note, that in my opinion it would be more decorous
were such Officer to forward the information through Govern-
ment to you ; but I never contended for one moment that
Government was to disnuss a servant for so doing. On the
contrary I should recommend the Government to wave its
privilege and to allow such reference to pass without remark ;
and I have already done so in one instance.
I cannot conclude this letter without regretting that Dr.
Barry should have caused such a correspondence to pass
between us after the cordial manner in which we have hitherto
acted together. It will now be for Lord Bathurst to decide
upon the merits of the case. To him I shall, as I have said
before, transmit the whole correspondence, and I trust we
shall continue to act together in the same spirit which has
heretofore afforded me so much satisfaction. I remain &c.
(Signed) Richard Flasket.
P.S. Since writing the above Mr. Gregory, Secretary to
your Commission, has reminded me of a conversation I had
XXHL 2 B
418 Records of the Cape Colony.
with him one morning, in which I stated to him what had
passed between Dr. Barry and myself. I have, therefore to
request, with his permission, as he is an impartial Person,
that, you would be good enough to enquire from him as to the
period wh«n such conversation took place, and whether before
or after the Fiscal's Judicial Proceedings took place.
(Signed) R. P.
[Copy.]
Letter from R. W. Hay, Esqrb., to George Harbison, Esqbe.
DowNiKO Stbeet, lO^A Noventher 1825.
Sir, — I am directed by Earl Bathurst to transmit to you,
inclosed, a copy of a letter which has been received from the
Commissioners of Inquiry at the Cape of Good Hope, inclosing
a copy of a Petition which has been prepared by the inhabi-
tants of that Colony, praying for the repeal of the Ordinance
of the Governor in CouncU which declares British silver money
a legal tender at the rate of \8. 6d. sterling for each paper
rixdoUar ; and I am to desire that you will lay these papers
before the Lords Commissioners of IDs Majesty's Treasury.
I am &c.
(Signed) R. W. Hay.
[Office Copy.]
Letter from R. W. Hay, Esqre., to Mr. William Dunn.
Downing Stbekt, London, IQth November 1825.
Sir, — I am directed by Earl Bathurst to acknowledge the
receipt of your application of the 12th of July last, and to
acquaint you in reply that the Office of Clerk of the Council of
Government at the Cape has been conferred upon Mr. Dudley
Perceval. I am &c.
(Signed) R. W. Hay.
Records of the Cape Colony. 419
[Office Copy.]
LeUer from R. W. Hay, Esqbe., to G. Harbison, Esqbe.
DowmNO Street, 10 Novewher 1826.
Sib, — I am directed by Earl Bathurst to transmit to you
enclosed copies of dispatches which have been received from
Lord CSharles Somerset, representing the necessity under which
he has been of contracting a loan for the Service of the Grovem-
ment of the Cape of Good Hope, and requesting that the
Colonial Treasury may be relieved from the expense of main-
taining the Cape Corps ; and I am to request that you will lay
these dispatches before the Lords Commissioners of the
Treasury, and move their Lordships to favour Earl Bathurst
with their opinion as to the instructions which it may be
proper to convey to Lord Charles Somerset for his guidance on
this subject. I am &c.
(Signed) R. W. Hay.
[Office Copy.]
LeUer from R. W. Hay, Esqbe., to G. Habbison, Esqbe.
Downing Street, 10 Novemher 1825.
SiB, — Having laid before Earl Bathurst your letter of the
29 Ultimo, I am directed by his Lordship to acquaint you for
the information of the Lords Commissioners of His Majesty's
Treasury that no money was deposited in the hands of any
person connected with the Colonial Department by any of the
Settlers proceeding to the Cape of Good Hope ; his Lordship
is therefore unable to point out the names of the persons to
whom any particular deposits may have been repaid, whether
on their own account or on account of individuals who may
have belonged to their parties ; but his Lordship is of opinion
that any detailed information which may be required upon
this subject, might be obtained upon application to the
Government of the Cape. I am &c. #
(Signed) R. W. Hay,
2 E 2
420 Becovds of the Cape Colony,
[Office Copy.]
Letter from Eabl Bathitrst to Lord Charles Somerset.
«
Downing Street, London, Wth November 1825.
My Lord, — I have the honor to acknowledge the receipt of
your Excellency's dispatch of the 23rd of August last, trans-
mitting a Memorial from Mr. George Greig in which this Indi-^
vidual solicits to be replaced in possession of the Printing
Materials which were purchased from him some time since by
your Excellency's Government, and which your Excellency
was desired to restore to him.
I received at the same time from Mr. Greig a representation
upon this subject, of which I annex a copy.
I regret that at the period when I held out to Mr. Greig
the expectation that his printing Materials would be restored
to him, upon his return to the Colony, I was not aware that
they had in fact been sold to another individual, but as I con-
sider it proper that your Excellency should be enabled to
comply fully with the conditions upon which Mr. Greig was
allowed to return to the Cape, to resume his business as a
Printer, I have instructed the Colonial Agent to provide, and
send to the Colony, the Printing Materials enumerated in
the Inventory which accompanies your Excellency's dispatch,,
and which you will place at the disposal of Mr. Bridekirk, after
the materials now in his possession shall have been transferred
to Mr. George Greig ; and your Excellency will understand
that Mr. Greig must be called upon to repay the value of these
Materials by fixed instalments as intimated to him on the
7th of March, in a letter of which I forwarded a copy for your
information on a former occasion.
With reference to that part of Mr. Greig's Memorial to your
Excellency, in which, as far as I understand it; he appears to
complain that Mr. Bridekirk has not been subjected to the
same restrictions in regard to the selection of subjects for
insertion in his journal ; I have to acquaint your Excellency
that it will be expedient that the conditions upon which Mr.
Bridekirk is licensed to publish a journal shoidd be substan-
tially the same as those upon which you have licensed the
publication of Mr. Greig's journal.
Records of the Cape Colony, 421
I enclose a copy of the answer which I have directed my
Under Secretary of State to return to Mr. Greig's represen-
tation. I have &c.
(Signed) Bathtjrst.
[Office Copy.]
Letter from R. W. Hay, Esqre., to Mr. George Greig.
Downing Street, London, l\th November 1826.
Snt, — I am directed by Earl Bathurst to acknowledge the
receipt of your letter of the 26th August, enclosing copy of a
memorial which you had addressed to the Governor of the
CsLipe of Good Hope, and to acquaint you in reply that arrange-
ments will be made forthwith for replacing you in possession
of the printing materials which were purchased from you by
the colonial government, but which it appears had been resold
to another individual subsequently to your departure from the
colony.
Although his Lordship has thought it unnecessary to direct
me to advert to several incorrect statements contained in your
letter, yet as you have most erroneously represented the con-
ditions upon which his Lordship consented that the printing
materials in question should be restored to you, I am desired
to acquaint you that his Lordship cannot authorize any
deviation from those conditions as stated and explained in the
several written communications which were made to you by
Mr. Horton.
Li his letter of the 12th of February you were informed that
the printing materials would be restored to you upon your
repaying to the colonial government the sum you received as
the value of them, subject to such deduction for their wear and
tear as might appear reasonable ; and upon a subsequent
representation which was received from you upon the subject,
you were informed that his Lordship would have no objection,
in compliance with your request, to instruct the colonial
government to receive that repayment in fixed instalments, to
be completed in five years ; but it was thought right to apprize
you at the same time, that his Lordship could not undertake
422 Records of the Cape Colony,
to give such peremptory instructions upon this point as would
preclude the colonial government from enforcing the whole
repayment of that sum, if the public interests should at any-
time require it. I am &c.
(Signed) R. W. Hay.
[Office Copy.]
Note from R. W. Hay, Esqre., to the Reverend C. I. Latrobe*
Mr. Hay presents his compliments to Mr. Latrobe, and is
directed by Earl Bathurst to acquaint Mr. Latrobe in answer
to his letter of the 6th Instant, that Passports and a letter of
recommendation to the Governor of the Cape of Good Hope^
will be granted to the two Missionaries of the Church of the
Unitas Fratrum who are about to proceed to that Colony.
DowiONO Street, Wth November 1825.
[Copy.]
Letter from the Fiscal to the Commissioners of Enquiry,
Fiscal's Office, Wth November 1825.
Gehtlbmen, — To comply with your desire, expressed to me
in your letter of the 22nd ultimo, relative to a statement made
by Bishop Burnett to Earl Bathurst, in which he complains of
a search that was made in the house in which he resided at
Cape Town, for the purpose of discovering the original placard
containing the most atrocious accusations against his Excellency
the Governor, I do myself the honour, with reference to the
report transmitted to the secretary to government by my letter
of the 14th ultimo on the same subject, which I am informed
has been communicated to you, and in addition to my said
report to state, for your information, that the intimacy existing
at that time between Bishop Burnett and WiUiam Edwards, a
prisoner under sentence of transportation, who was suspected
to be one of the makers of the placard, joined to my discovery
of a copy of a similar placard, apparently made by the same
Heisords of iltc Cape Colony, 42S
author or snthocs, vAtdfc wms vriUem im the very «raff Imown
hanAcrUimg of BUkop BmrmOL, and found in the posscission ci
William BdwmidB^has gtvea nae to the sn^idon fHiteftainodl
against Kshap BmneU, and th«eby occasioned m j applicatioii
to his Excellency for a seairit-wanant in the hooae in which
he then vesided, and that my sn^idon has be» most ramark-
ably 8fci«igtiiened by the ti^eated evidence ol Daniel Lee,
sworn to <m the 9th June 1824.
Having in my said r^ort rrfeited to that evidence as a
reason which indneed me to make application to his Excellency
tor a seaich-wanant in the house wherein Bishop Burnett
resided, I thoii^t it requisite, in my letter of the 3rd instant^
giving oova* to the documoits intended to be annexed to my
lepcHTt, to redresB my wiS<a[^:«lf» ; and as I have no doubt but
that you will receive his Excdlency's communication of my
said ktter and annexed documents, I take the liberty only to
enclose a copy at my list <tf the annexuies, and venture to
request your indulgence for not sending you copies of the
documents, which it is not in my power to procure without
some delay, being unfortunately deprived of the assistance of
the derk enjoyed in copying the same. Respecting the
all^ation ct Bishop Burnett, ''that the act of making and
publishing the placard should be attributable to a person of
the name of Oliver, known in this colony by the name of
Jones, and employed in the superintendence of the government
works at Gape Town, as weU as to another miscreant,^* I can
only say, that no information whatever has been given me
which oould have justified such suspicion ; but that about the
time when the solemn evidence of Daniel Lee was required by
me, a report most industriously was brought into circulation
that the person named Shee, a tailor, residing in this town,
who gave information about Daniel Lee, together with another
person named William Jones, the town surveyor, apparently
aUuded to by Bishop Burnett under the fictitious name of
Oliver, should have been induced by the high reward offered
by his Excellency's proclamation of the 2nd June 1824 to give
that information. In justice to Mr. Jones, I am obliged to
observe, that never any thing transpired which could give rise
to the least suspicion of his having associated with Mr. Shee in
giving me the aforesaid information, or of his being implicated
424 Records of the Cape Colony,
in any part of the disgraceful affair on which I was inquiring ;
nor have I been able to come to the knowledge of any more
details respecting the author, writer or publisher of the placard
than what are stated in the evidence of Daniel Lee.
I have &c.
(Signed) D. Denyssen.
[Copy.]
LeUer from R. Rogersok, Esqre., to the Commissioners of
Enquiry.
Cape Town, Wth November 1825.
Gentlemen, — I have the honour to acknowledge the receipt
of your communication of the 9th instant, relative to the
arrangements which were adopted respecting the government
farm supplying the troops with rations, &c., on the frontiers
of the colony. In answer to which I have the honour to state
for your information, that as the principal part of the commis-
sariat expenditure on the frontiers of the colony was for
account of the colonial government, his Excellency, the
Governor's, orders were generally sent direct to the com-
mandant, landdrost, or responsible officer, stationed on the
frontiers, who issued his orders to the commissariat officer on
the station, without the communications so made (from the
great distance of the station) coming through my office at
head-quarters ; consequently, being ignorant of these orders
and arrangements, I was obliged to send all the frontier
accounts, on their arrival at head-quarters, direct to the
miUtary auditor for his examination, who forwarded his queries
and observations to the frontier accountant for his answers
and explanations, and when the accounts were completed the
commissioners of accounts forwarded them to me to be included
in my general account with the Lords of the Treasury, and
were then forwarded to England with all the authorities, &c.
and which has been the usual practice on this station for
many years. With reference to the transmission of authorities,
&o. it has been the custom on this station for the accountant
Records of the Cape Colony. 425
i« transmit one copy of his periodical account current direct
to the Treasury for the information of the Right honourable
the Lords Commissioners of the Treasury, and another with all
the vouchers, documents and authorities in support of the
account, together with the remarks of the military auditor, to
the auditors general at home. The orders respecting the
immediate transmission of general orders, authorities, &c. did
not reach this station till after I had given over the charge of
the commissariat department to Deputy Commissary General
Hewetson. Perhaps it may not be irrelevant to state, that
from the system adopted on the frontiers, and the irregularity
of commissariat officers being under the orders of the civil
magistrates,, &c. I represented to the Lords Commissioners of
His Majesty's Treasury the expediency of a colonial commis-
sariat being established ; but their Lordships were not pleased
to authorize such an arrangement. A copy of my letter upon
that subject I have the honour to enclose herewith.
From the circumstances within stated, I take the liberty of
referring you to the assistant commissary general of accounts
for any further information upon this subject. I have &c.
(Signed) R. Rogerson> A.C.G.
[Original.]
Letter from Mr. D. P. Francis to Earl Bathurst.
MAiiDON, Essex, Wih November 1825.
My Lord, — Having been informed by Mr. Under Secretary
Hay that the Commissioners of Inquiry at the Cape of Good
Hope have reported upon the complaints I made upon various
subjects as a British settler so verydifiEerent to what I antici-
pated and conceived I had a right in justice to expect, I applied
to Mr, Hay by letter on the 29th ultimo, to which I have not
been favoured with a reply, requesting to be Informed whether
I was entitled to a Copy of the evidence and report upon the
subject in question, and if I was Entitled, I requested to be
furnished with a Copy, trusting that such a request will not be
deemed unreasonable by your Lordship, presuming in Justice
426 Records of the Cape Colony.
I should have the Opportunity of ascertaining whether or not-
the Individuals I named to the Commissioners have been
examined upon Oath, as I requested they should be, to support
or disprove my statements, as I conceive that it is a duty I
owe to myself to show that I have not made false or groundless,
complaints against anyone in authority.
I cannot but feel My Lord that it is Impossible the Commis-
sioners of Inquiry could have come to any other Conclusion
than that I was Entitled to remuneration for the losses I sus-
tained as a British Settler from the Circumstances I repre-
sented, if they examined such persons as I pointed out to them,
as well as the local authorities concerned, but if only the latter
were examined upon the Subject I am not surprised at the
Report made by the Commissioners.
I also anticipated that your Lordship would have been dis-
posed to have Considered my claims favourably as far as was-
known to Sir Rufane Donkin and Mr. Henry Ellis, whom I
referred your Lordship to some months since.
If my Lord you should decide that I am not Entitled to the
request I solicit in this letter, or to any remuneration or con-
sideration, I am fully aware that I must submit to my fate
ruined as I am by my expedition to the Cape, and by the
Circumstances as represented to the Commissioners of Inquiry,:
and also to your Lordship in April last.
Should this be your Lordship's decision, although I should
regret doing anything which would be displeasing to any part-
of His Majesty's Grovemment, which I have ever been sincerely
attached to, still it is my intention to lay before the Public
my own case and such others of the Settlers, together with the
principal Causes and effects which led to the most imfortunate
results, and which were intrusted to my Care to lay before the
Commissioners of Inquiry, as well as many other subjects
relating to the Colonial Government which did not so imme-
diately concern the Settlers.
And I beg to reassure your Lordship that it is from no wish
to displease any part of His Majesty's Government, but from a
sense of what is due to others as well as myself, that the truth
should appear, and nothing but the truth shall appear from me
as relates to the Government of the Cape of Good Hope, and
which I shall be prepared to justify if called upon in any place-
\
Records of the Cape Colony. 427
As my Case was placed before the Commissioners upwards of
two years ago, I trust your Lordship will not think me too
pressing for a decision upon the subject, when I assure your
Lordship that if I cannot be placed in a better situation than I
am at present it is impossible I can under any circumstances
be placed in a worse. I have &c.
(Signed) D. P. Francis.
[Office Copy.]
Letter from Eabl Bathurst to Lord Charles Somerset.
DowNiNa Street, London, \2ih November 1825.
My Lord, — I have had the honor to receive your Excellency's
dispatches of the numbers and dates noted in the margin.
In the first of these dispatches your
No. 205—23 July. Excellency states that you had issued a
„ 209—30 „ Warrant for the sum of 21,580 Rix-
» 211—30 „ dollars, being the amount of the excess
of charge occasioned by the repair of
the Road from Cape Town to the Naval Arsenal at Simons
Town, after deducting the produce of the Tolls ; and your
Excellency expresses your hope, that I would signify my
approbation of this expenditure to the Lords Commissioners
of His Majesty's Treasury.
As the statement which your Excellency has made to me of
the grounds upon which you incurred this Expenditure, is
insufficient to enable me to acquaint The Lords Commissioners
with the merits of the arrangement, I can only recommend
that you would take an early opportunity of bringing the
details of the subject more fully under my consideration.
The proposal of the Inhabitants of the District of Somerset
to erect a Place of Worship is highly praiseworthy, and it would
give me much satisfaction were I enabled to authorize your
Excellency to assist them in that undertaking. The state of
the Colonial Revenue, however, precludes the hope that such
assistance could be afforded, without producing embarrass-
ment ; and it will be proper, therefore, that your Excellency
should signify to the persons who are desirous of engaging in
428 Records of the Cape Colony.
that undertaking that they must not expect any pecuniary
assistance from the Colonial Treasury.
For the same reasons, the project of erecting a Wharf at Port
Elizabeth must be entirely laid aside for the present.
I have &c.
(Signed) Bathurst.
[Original.]
ft
Letter from Lord Charles Somerset to Earl Bathxteist.
Cape of Good Hope, 12 November 1825.
My Lord, — In compliance with the directions contained in
Your Lordship's Dispatch of the 2dth June last, I have the
honor to transmit to your Lordship, for the information of the
House of Commons, Returns of the population of this Colony
in each year from 1812 to 1820 inclusive, and of the number of
Births and deaths that have taken place in the same period,
distinguishing the white and the free black or coloured from
the Slave population, and also the Sexes. I have &c.
(Signed) Charles Henry Somerset.
[Office Copy.]
Letter from Earl Bathurst to Major-General Bourke.
Downing Street, London, lah November 1825.
Sir, — Li the event of the Government of thfe Cape devolving
upon you by reason of Lord Charles' absence, and of Colonel
Bird's applying to you for the payment of his Pension, you will
suspend any such payment in conformity with the instruction
sent to Lord Charles dated 3rd October, in which he was
directed not to pay the pension if Colonel Bird should not have
given a satisfactory answer before the receipt of the instruction
whether it should stand in his name or in that of his wife.
I have &c.
(Signed) Bathurst.
Records of the Cape Colony. 429
[Copy.]
Letter from the Secretary to Oovernment to the
Commissioners of Enquiry,
lHh November 1826.
My dear Sms, — ^As I am about to address Lord Bathurst
upon the subject of the correspondence which has lately passed
between us, and as it appears that my explanation to you haa
been anything than satisfactory, I deem it to be my duty, in
my own defence, to obtain every possible information relative
to the various points discussed in our correspondence, in order
to meet every question which may be asserted by Dr. Barry
against me. I have, therefore, to request you will be kind
enough to assist me with your Explanations on the following
Points :
1st. In the first letter you addressed to me on the subject of
the observation I made to Dr. Barry, you stated that such
observation had reached you from current report in Cape Town.
May I beg of you to let me know, provided you feel yourselves
justified in stating them, the names of the Persons from whom
this Report reached you, in order that I may know whether
the original Reports were to the same eflfecfc as the statement
now made by Dr. Barry ; and also whether this Report reached
you until after Dr. Barry's removal from Office took place.
2nd. In your second letter to me you state that you have
very little doubt that the declaration I had made to Dr. Barrj'
had been coupled in the public mind with his recent retire-
ment from Office. I have, on this point, to beg to be informed
whether such doubt was conveyed to you by common Report,
or insinuated by Dr. Barry, or whether it was merely a sug-
gestion of your own as to the result of such declaration.
3rd. In the third letter which you were good enough to write
to me, you state that Dr. Barry had made so very precise a
statement of his conversation with me as to induce you to
believe that my statement was erroneous, and that in support
of his construction he had appealed to the evidence of a Person
whom at present you were not at Uberty to name.
Upon this point I should be happy to learn whether the
precise statement of Dr. Barry as above alluded to was
I
430 Records of the Cape Colony.
demanded from him in the same manner in which my expla-
nations have been demanded from me, viz. in writing, and
whether he gave a written statement of what you allude to in
your correspondence with me, or whether such statement was
made in personal conversation. And further, whether the
evidence of the Person who does not wish to come forward on
this occasion was taken in writing or not.
4th. In the Interview at Government House, when Mr,
Kekewich, the Judge of the Vice Admiralty Court, came
forward with Dr. Barry to remonstrate against the Proceedings
of the Fiscal which had occurred on the morning of that day,
he stated to His Excellency the Grovemor that Mr. Bigge
agreed with him in the view of the case.
Upon this point I should be glad to know whether Mr. Bigge
had been consulted by Dr. Barry or by Mr. Kekewich in this
case previous to its being submitted to Government, and
whether he had given the opinion as stated by Mr. Kekewich.
I should also wish to know, provided it does not interfere
with private feelings of delicacy, whether Dr. Barry was not in
the habit of shewing to you or to either of you his Official
Correspondence with Government on all occasions, but parti-
cularly in the correspondence relative to the Fiscal which led
to the present question. I am the more inclined to ask for
explanation upon this point because Dr. Barry never came to
me upon any> public business but he commenced with " Mr.
Kekewich said so and so," or "Mr. Bigge was of such an
opinion " ; and it is not long since, as Dr. Barry will confirm,
that I was under the necessity of stating to him that if he came
to me on the public business of his Department he must speak
in his own name, and that I did not wish to hear, at least from
him, any opinion either of Mr. Kekewich or Mr. Bigge, however
happy I might be to have their advice on other occasions.
I beg you will excuse the trouble I am now giving you.
Nothing but a perfect conviction that you have been deceived
by Dr. Barry, and that I must necessarily not only defend
myself against him but against your Report of the circum-
stance of this case, would have induced me to ask for such
detailed explanation. I remain &c.
(Signed) Richd. Plasket.
Records of the Cape Colony, 431
[Copy.]
Letter from Advocate Henry Cloete to Sir Richard
Flasket.
Heebegbagt, 15 November 1825.
Sir, — I have the honor to acknowledge the receipt of your
letter of yesterday's date enclosing Extracts from a certain
Journal said to have been kept by Mr. CamaU, and requesting
some explanation on the subject of assertions there stated to
have been made by me reflecting on the Court of Justice as
having passed a Sentence of Transportation upon him to
please His Excellency the Governor, and beg you will be
pleased to convey to His Excellency the expression of my
regret that the sacred and inviolable pledge existing between
an Advocate and his client in reference to their o£Scial inter-
course prevents me from rendering my explanations as full
and expUcit as I otherwise could do, to the entire satisfaction
of His Excellency, but I feel myself at Uberty candidly to state
that I have always considered the case of Mr. CamaU as one of
almost unequalled hardship, inasmuch as I ever deemed the
proof of his personal and immediate instrumentahty to the
escape of the felon Edwards as extremely vague and insuf-
ficient, and the authorities reUed upon by His Majesty's Fiscal
in support of his claim for a Sentence of transportation as inap-
plicable and inconsisteiit with the laws of this Colony. That
however so far from supposing any wish to please His Excel-
lency to have actuated the Coiirt, I urged Mr. CamaU to apply
to His ExceUency as the channel most Ukely to obtain redress
or reUef of his grievances, and particularly remember that
towards the latter end of November I called upon him for no
other purpose but to acquaint him that I had every reason
to hope His ExceUency had taken a favorable view of the
memorial I had presented on his behalf for a mitigation of
punishment (as the result proved to be the Case). I trust
His ExceUency wUl do both my heart and judgment that
justice as to rest assured that I never could have made any
assertion so inconsistent to the mode I was pursuing as the
best calculated for the interests of my Client, nor have given
432 ' Records of the Cape Colony.
such a person as Mr. Camall a license to make assertions in mjr
name which my heart disowned and my understanding did net-
justify. I have &c.
(Signed) H. Cloete, Law. Son.
[Copy.]
Letter from the Commissioners of Enquiry to the Secretary
, to Government,
Gbaave Stbeet, November 16, 1825.
My dear Sir, — ^We only waited for the reply of Dr. Barry to*
our request that he would furnish us with the particulars of
the conversation that is the subject of the correspondence
between us, to reply to your letter of the 14th. We received
his letter yesterday evening, and now beg leave to enclose an
Extract from it, in which he gives a detailed account of the
conversation, but without authorising us to name the person
by whom he was recommended to submit the circumstances
of the Imprisonment with which- he was threatened to our
consideration, although we are enabled to state to you that the
fact of the recommendation has been confirmed to us in writing.
After referring to Mr. Kekewich, we do not find that there
exists any material difference of recollection between the
Persons who were present at the Interview at Government
House as to what passed on that occasion, and the impression
is that the opinions you had then delivered were in favor of
the protection that Dr. Barry had sought. Mr. Kekewich had
stated to Mr. Bigge that he intended to submit his opinion to
His Excellency the Governor upon the situation in which Dr.
Barry was placed ; and on Mr. Bigge concurring in the view
that Mr. Kekewich had taken of it, said that he had no objec--
tion to his opinion being stated. Mr. Bigge recollects that
Lord Charles Somerset had mentioned the circumstance to him
in conversation on the day preceding that on which the Inter-
view took place at Government House.
As we conceive that the question between us is now reduced
to a consideration of the subject and circumstances that gave
rise to the observation that fell from you, we trust that youi
Records of the Cape Colony. 433
will excuse us from lepljring with a greater degree ol certainty
to the several questions you have proposed than this con*
sideration may require, as that may lead to an anticipaticm ol
subjects connected with an Inquiry that we propose to Institute
into the manner in which the King's legisIatiTe Authority has
been exercised by the Governor in Council in altmng the con-
stitution that had been so recently given to the Medical
Establishment. We beg to assure you that we had formed no
conclusive opinion as to the subject of Dr. Barry's conver-
sation with you when we addressed to you our letter of the
4th November, and it was only from the admission that you
made of your defective recoUection (as still more apparent in
the postscript to your letter of the 1st) contrasted with Dr.
Barry's detail of the particulars of the conversation which he
had then only delivered verbally to us, that we were induced
to attribute the expressions that had fallen from you to Inad-
vertence. It is perfectly within our recollection that Dr. Barry
communicated to us the expres^ons that you had made use of
very soon after his Interview with you, but attaching little
importance to the circumstance, we retained no recollection
of the date or even of the subject to which they applied, and
in all probability we should not have noticed them to you if
we had not understood some days afterwards that they had
become the subject of conversation, and had been made so by
Dr. Barry himself. We have reason to believe that this Report
reached us previous to the publication of the Document in
which Dr. Barry's Office was declared to be " abolished " by
the appointment of a Committee, and it was from the nature
and terms of this Document that we were led to infer that hi&
dismissal from Office would be coupled in the public mind with
the declaration that he had alleged you to have previously
made. We have referred to Mr. Gregory, who informs us that
you had communicated to him the tenor of a conversation that
had passed between yourself and Dr. Barry on a preceding day,.
in which after he had stated his intention of bringing some
subject before us upon which he had been commissioned to
enquire by the Government, you informed him that in the
event of his doing so when he had been ordered to report to
Government, he would deserve to be dismissed, or words to
that effect. Mr. Gregory states that he cannot recollect the
xxm. 2 F
434 Records of the Cape Colony,
period in which you made this communication to him, but he
asserts with some degree of confidence that it was previous to
the discussion of the Judicial Order for Dr. Barry's imprison-
ment, and that the subject of Inquiry was the condition of
some Person confined in the Tronk, or some abuse that had
existed there.
After stating thus much we beg to repeat our assurance that
in the event of our being induced to bring the subject to the
notice of Earl Bathurst, we have no other motive than that of
putting his Lordship in possession of a subject which in the
present position of the administration of this Colony and the
manner in which it is publicly viewed in England, may, if
reported there without explanation, tend to encrease its un-
popularity and expose it to the fiirther reproach of attempting
to stifle those Inquiries to the result of which the attention
of ParUament has been so recently and forcibly called.
When the proper season arrives we shall be ready to do
Justice to the disposition which has been manifested by this
Government to promote the objects of our Commission, and
while we acknowledge the courtesy to which we have been
indebted for occasional communication of the views of Grovem-
ment upon measures that were either in Progress or had been
already decided, we must beg to disclaim any share of responsi-
bility for the manner or the consequences of these Promul-
gations. On the other hand, you will, we are sure, do us the
justice to admit that we have not intruded our opinions, and
which in truth we were studious to reserve both here and at
home until our information should be mature, and that the
offer that was made by one of us (Mr. Bigge) to assist in
drawing up a Proclamation in which the Powers of the Supreme
Medical Committee should be modelled and defined, could not,
in fairness, be considered liable to such a construction. Our
recommendations have been confined to the expediency of
avoiding the consequences of hasty and imperfect legislation,
and of postponing the adoption of any material changes until
the means were afforded for effecting them with safety, and
after full information, and in conformitv to the views enter-
tained by His Majesty's Government. From the nature of our
Instructions aU collision of opinion between the local autho-
rities and ourselves was studiously guarded against, and it was
Records of the Gape Colony. 435
only through circumstances similar to those that have now
occurred respecting the Umits of our authority that any diflfe-
lence could possibly arise. With a view to avoid such diflfe-
rence we have forborne all discussion of the opinions with which
you have favored us upon this subject, being convinced that
the temperate exercise of our admitted authority was a more
likely method of insuring respect and acquiescence in it than
the assertion of it in cases where it might be questioned ; and
the same consideration leads us to abstain from noticing any
expressions in your letter which have reference more to your
feelings regarding Dr. Barry and his proceedings than to the
Particular Question that has given rise to this Correspondence.
We would only disclaim your allegations as affecting ourselves,
and remark to you that the state of the Establishments imder
Dr. Barry's professional superintendence had been a frequent
subject of our observation and Inquiry previous to his removal
from Office, and had given occasion to our visits to the prisons
and hospital, but that his various Reports to the Grovernment
on the abuses of these establishments have only been used by
us since we have had occasion to call for his correspondence.
We certainly should greatly regret that anything that has
passed should lead to the slightest interruption of the amicable
Intercourse that has subsisted between us, but we really
eannot see that the circumstance of our being imable to concur
in the conviction you entertain of our having been deceived by
Dr. Barry should lead to any such result. We beg to remain &c.
(Signed) John Thomas Bigge,
W. M. G. COLEBROOKE.
[Enclosure in the above.]
Extracts from a letter addressed by Dr. Barry to His Majesty's
•Commissioners of Inquiry, dated Heeregragt, Nov. 14,
1825.
" The whole transaction excited a great deal of conversation
in the Town, and on Monday the 19th subsequent I consulted
a friend, as I have already verbally explained to you, as to my
actual position, being a British Officer, and having such a
sentence as civil imprisonment hanging over my head for
2 F 2
436 Records of the Cape Colony,
having performed what I considered a very important duty to
the Public and to my own situation.
'' The result of this communication was that it would be but
fair to Sir Richard Flasket to wait upon him and after express-
ing my feelings to request that I might be furnished from the
Court with the sentence and other documents relating to the
Trial, with a view to lay them before His Majesty's Conunis-
sioners of Inquiry for their specific investigation. The same
day I communicated such my intentions to Mr. Kekewich.
" So far I can positively fix the time, but whether it was on
the following day Tuesday the 20th, or on Wednesday the 21st,
I really cannot decidedly say, but certainly between the 19th
and the 23rd that I waited upon Sir Richard Flasket at the
Colonial Office. On my way I saw Lt. Colonel Bird in his
cart, who called out to me that he was astonished to find me at
liberty, as he was then on his way to the Tronk to leave hia
card &c., &c., all of which did not tend to make me feel pleased
with the conduct of His Majesty's Fiscal. However, on my
requesting the messenger to say to Sir Richard Flasket that I
wished to speak to him, he sent word that unless it was some^
thing particular, he was engaged. I returned for answer that
unless it were very particular indeed, I should not think of
troubling him. I was then admitted, and he said he had one
of his headaches, he was reading or looking at some Faper. I
then expressed how much I felt annoyed at what had happened,,
and Sir Richard was pleased to say that for once I was right,
that he himself had suggested to His Excellency my being
ordered to make the Report. I said Colonel Bird had just been
quizzing me about the result, upon which he broke out, ' You
are always quoting Bird, or Bigge, or Kekewich ! ' I answered
that this was the first time I had mentioned Colonel Bird
to him, although I had stated Mr. Kekewich's opinion, who
indeed had done so himself at the Government House when he
also mentioned Mr. Bigge, being permitted by that gentleman
to do so. However I thought it was putting the original
Documents into the Eiscal's hands which had made him act as
he had done. Be that as it may, the purport of my present
visit was as there seemed to be doubt about the justice of the
case to beg to be furnished with the whole of the documents
from the Court, as I had it in contemplation to lay them before
Records of the Cape Colony. 437
His Majesty's Commissioners of Inquiry for their investigation.
Upon which Sir Richard rephed, ' If you do you shall be dis-
missed from your situation, and I will recommend it.' I
answered, ' Indeed Sir, now you have threatened, I will do so,
not as a matter of complaint but for their opinion and investi-
gation, as well as for my own edification. It is a public concern,
and I am now a Member of a Board (Mr. Kekewich is President)
ordered by His Excellency to enquire into the state of the
Tronk, the report upon which may probably not be so mild ! '
Sir Richard then went on to say that my Report was Improper,
that I had torn a summons, &c., &c. Some further conversa-
tion took place, when I asserted and he admitted I was working
for the pubUc good ; and I wound up by saying that if I had
had my sword on when Mr. Fiscal proposed sending me to the
Tronk, I should most certainly have cut oflf both his Ears, his
Jews' ears oflf, to make him look smart. Sir Richard laughed
and I left his Office."
[Original.]
Letter from Mr. D. P. Francis to R. W. Hay, Esqre.
Maldon, 16*^ November 1826.
Sir, — ^I have the Honor to acknowledge the receipt of your
Xictter of the 7th Inst, and am sorry it did not reach me imtil
the 13th in Consequence of its being sent to Jeffreys Street
(where it laid imtil the 12th) instead of this place where I men-
tioned I was going to when I wrote you on the 29th Ultimo.
My not having received yours of the above date was the cause
of my writing to Lord Bathurst upon the Subject I mentioned
to you in my former Letter.
In reference to that part of your Letter in which you mention
if I will let you know the names of the parties whom I sug-
gested should be examined you will take care to let me know
whether they were examined by the Commissioners.
The parties I suggested should be examined were Col. Bird
late Colonial Secretary, Mr. J. 0. Truter, Secretary to Sir
Rufane Donkin while on the Frontiers in 1821, Mr. Tulleken,
Surveyor, Mr. Bergh, Landdrost, Mr. Buissinne, who Inspected
438 Records of the Cape Colony,
the Lands at Clan-William, Mr. Van Arden and Mr. Melk,
Farmers, Mr. Craig, Commissariat, Algoa Bay, Captain Evatt^
Commandant at Do., John Potgieter, Farmer, Mr. Goodwin
now resident at Simon's Bay, Mr. Latham a Settler, Mr,
Knobel Land Surveyor, Mr. Swan Do., and some others.
These are the parties I requested in writing the Commis-
sioners would examine, besides referring them to several
Official Documents upon the Subject in question. I have &c.
(Signed) D. P. Francis.
[Copy.]
Records held by W. Hiddingh, Esqre., Commissioned Member
from the Worshipful the Coiirt of Justice in the case of
the Deputy Superintendent of Police R. 0. Prosecutor,,
versus J. West, J. McCarthy, T. Donovan, P. Cogan,
H, Reeves, D. Bourke, J. Mehan, J. Jordan, and J. Grolding,.
on Wednesday the 16th November 1825.
Appeared before the Commissioned Member &c.
The Commissioned Member having heard the Prosecutor's
claim with the Defence made by the Defendants, and taken
everything into consideration that deserved attention, adminis-^
tering Justice in the name and on behalf of His Britannic
Majesty, condemns the 1, 2, 3, 4, 6, 7, 8, and 9th Defendants to
a severe flogging in the Prison, and the 5th Defendant to a con-
finement of three days in the Prison on bread and water, with
rejection of the further claim made by the Prosecutor against
the Defendants.
At the Cape of Good Hope, day and year as above.
(Signed) W. Hiddingh.
After the pronouncing of the above Sentence the Defendants-
declared unanimously to lodge an appeal to the full Court.
Quod Attestor.
(Signed) C. C. Bresler, Third Head Clerk.
Becords of the Cape Colony. 439
[Original.]
Letter from Lord Charles Somerset to Earl Bathitrst.
Cape of Good Hope, 17 November 1826.
My Lord. — ^I have the honor to transmit to Your Lordship
several Documents relative to the state of the Public Wharf at
Cape Town and Simon's Town.
The Wharf at Cape Town has undergone several temporary
repairs within the last few years, which have in the aggregate
entailed almost as heavy an Expence as would have attended
the construction of a new Wharf, and although I have directed
temporary repairs to be made, so as to ensure its safety for this
season, a constant and encreasing annual Expence will be
necessarv on this Head.
Should your Lordship therefore be of opinion that it would
be more advantageous to build a new Wharf either at Cape
Town or Simons Town, I would recommend the Timber to be
of Teak, and to be supplied by some Agent to be appointed by
the Government of Bombay, as the Malabar Teak is considered
the best description of that Species of Wood.
I would also recommend that all the Piles should be coppered
from the water's edge downwards and the copper for this
purpose with a supply of other necessary articles should be
sent out from England.
I beg leave to enclose to your Lordship a Memorandum of
the quantity of Timber, and of other Articles that would be
required for these works with an Estimate thereof, as nearly as
it can be made out here, but it would be very desireable should
your Lordship be pleased to authorise the imdertaking of
these expensive works, that a Civil Engineer should be ap-
pointed from Home to superintend the construction of them.
I have &c.
(Signed) Charles Henry Somerset.
[Enclosure 1 in the above.]
Custom House, Cape Town, 17^^ May 1825.
Sir, — I have the honor to enclose to you for the information
of His Excellency the Governor, a letter from the Wharf-
440 Records of the Cape Colony,
master, from which it appears, that imless some immediate
repair be appUed, the wharf will stand at great risk during the
winter. In consequence of this information I viewed the
Premises, and can assure His Excellency, that the state of the
wharf is as described, and requires the immediate attention of
competent workmen. 1 have the honor frc.
(Signed) W. Wilberforce Bird,
Comptroller of Customs.
Sir Richard Flasket, Secretary to Government.
[Enclosure 2 in the above.]
Wharfmaster's Office, l^th May 1825.
Genti.emen, — I have the honor to inform you that upon
examining the Jetty, I discovered that several of the chief
supporters of the Stairs have already given way, by which
one side of the wharf is almost rendered unfit for use, and I
cannot avoid further to state that upon a careful examination
of the whole of the Jetty the same appears to be exceedingly-
weak so as to cause a well formed apprehension that con-
siderable damage will be occasioned to it, in the approaching
Winter Gales, against which I consider it necessary to guard as
soon as possible by giving you the above information. I have &c.
(Signed) S. V. Cloete, Wharfmaster.
To the Collector and Comptroller of Customs.
[Enclosure 3 in the above.]
Custom House, Simon's Town, 15 July 1825.
Sir, — I have the honor to acquaint you for the information
of His Excellency the Goyemor that the Wharfmaster of
Simons Town has reported the wh^ to be in a very decayed
state, and that it seems necessary that a survey should be
taken in order to state to His Excellency the nature of the
repairs which may be required in the Spring, to ensure the
safety thereof. I have &c.
(Signed) W. Wilberforce Bird,
Comptroller of Customs.
Sir Richard Flasket, Secretary to Govemment.\
\
\
Records of the Cape Colony. 441
[Enclosure 4 in the above.]
Custom Hoxtse, Cape Town, 7 September 1825.
Sir, — I have the honor, of forwarding to you for the infor-
mation of His Excellency the Grovemor a Letter transmitted
to this office by the Wharfmaster from Mr. Merrington, Secre-
tary to a Bodv calUng itself the Committee of the Commercial
HaU.
It may possibly be in your recollection that a letter was
written from this office on the 17th of last May, in which the
necessity of some repair to the wharf was submitted, but, if
the volunteer inspection which Mr. Merrington relates to have
taken place, rests on anything hke correctness, the matter may
appear to be entitled to the early consideration of His Excel-
lency. I have &:c.
(Signed) W. Wilberforce Bird,
Comptroller of Customs.
Sir Richard Flasket, Secretarv to Government.
[Enclosure 5 in the above.]
CoMMEBCiAi. Exchange, 31 August 1825.
Sir, — I am directed by the Committee of the Commercial
Exchange to inform you, that having been requested by many
of the Merchants to represent the present dangerous state of
the wharf, they have with the assistance of persons whom
they deemed competent Judges inspected the same, and find
that out of Two Himdred and Six piles theire are not more
than Rfty Three in a soimd state, the rest are greatly decayed
at, and a httle below the low water mark, having apparently
been eaten away by Insects, the principal part of the Sup-
porters have become rotten from the same cause.
The steps on the Eastern side have become quite loose from
the same cause, and those on the Western side will, if not
attended to, shortly become so.
The whole of the cranes are in a bad state, and unsafe for
landing heavy goods in consequence of the decayed state of
the Iron and Timber, and the Committee would suggest that
442 Records of the Cape Colony,
instead of repairing them, they should be taken down and
replaced with swinging Cranes. The tackle falls and the sling&
being of one size are insufficient, being too large for some and
too small for other purposes, they should at least be of three
diflFere'nt sizes.
The bells projecting from the piles are extremely dangerous
to the Boats, and it appears they have repeatedly sustained
great damage from them.
The Committee in requesting your earliest attention to a
subject of so much importance to the trade, beg further to
remark that Boats ought not to be allowed to be at the steps^
eicept when actually employed, as great inconvenience and
delay frequently arises from the difficulty of getting them in
and out when required on emergencies, and also to suggest the
necessity of building a Shed near the wharf for the purpose of
stowing Goods in case of bad weather. I have &c.
(Signed) J. S. Meerington, Secretary.
To S. V. Cloete, Esqre., Wharfmaster.
[Enclosure 6 in the above.]
Custom House, Cape Town, 4ih November 1825.
Sir, — We have the honor to enclose to you for the informa-
tion of His Excellency the Governor a representation of the
dangerous state of the public Wharf made to us by the
Wharfmaster. We have &c.
(Signed) Charles Blair, Collector of Customs,
W. WiLBERFORCE BiRD, Comptroller of Customs-
Sir Richard Flasket, Secretary to Government.
[Enclosure 7 in the above.]
Whabfmaster's Office, ^th November 1825.
Gentlemen, — ^According to my instructions I beg leave to*
acquaint you that the public Wharf at this place has lately
become so defective as to require immediate repair, and I have^
therefore to request that you will be so kind as to cause the
Records of the Cape Colony. 443
necessary Inspection to be made of it, in order that these
defects may be made good as soon as circumstances will admit,
and to prevent the inconvenience which the public will other-
wise unavoidably be put to. I have &c.
(Signed) S. V. Cloete, Wharfmaster.
His Majesty's Collector and Comptroller of Customs.
[Enclosure 8 in the above.]
Cape Town, \6th November 1826.
Sib, — I have the honor to submit to you for the consideration
of Hia Excellency the Governor, an Estimate of the quantity
and dimensions of the Materials required for renewing the
Wharfs at Cape Town and Simon's Town, accompanied by an
elevation, with Plans and Sections of the Iron work required
from England. I have &c.
(Signed) F. Hope, Superintendant of Works and
Buildings.
Sir R. Flasket.
[It cannot be necessary to give all the details of materials
and the plans that are enclosed in this letter. — G. M. T.]
[Copy.]
Ordirvance of His Excellency the Oovernor in Council, for opening
the Trade in Cattle with the Caffre Tribes, at the Fair
established by Oovernment at Fort Willshire, and at such
other Fairs as may hereafter be established by Oovernment
for that purpose.
Whereas it has been found from experience that the tem-
porary prohibition of Barter in Cattle, between the Colonists
and the Caflfre Tribes, at the Fair established at Fort Willshire,
as contained in His Excellency the Governor's Proclamation
of the 23rd July, 1824, has occasioned constant Smuggling in
that Article, and has been attended with the most pernicious
consequences to the Peace and Tranquillity of the Frontier :
444 Records of the Cape Colony,
Be it therefore hereby enacted, that so much of the Pro-
-clamation of July 23rd, 1824, as contains the aforesaid tem-
porary prohibition of Barter in Cattle, shall be, and the same
is, hereby repealed : And be it further enacted and declared,
that the Colonists who are or may be Licensed to Traffic with
the Caffre Tribes, at the Fair established at Fort Willshire, or
At such other Fairs as may hereafter be established on the
Frontier for that purpose, shall be henceforth allowed to carry
on a Trade in Cattle with the Caffre Tribes, under the Regu-
lations laid down for such Fairs.
The general prohibition to all Persons not Licensed as afore-
;said, and at all Times and Places not excepted in the Pro-
clamation of the 23rd July, 1824, or in other Laws or
Proclamations, remaining in their full force.
And that no Person may plead ignorance hereof, this will be
published and affixed in the usual manner.
God save the King !
Given at the Cape of Good Hope, this 17th day of November,
1825.
By command of His Excellency the Governor.
(Signed) R. Plasket, Secretary to Government.
By Order of the Council.
(Signed) D. M. Perceval, Clerk of the Council.
[Office Copy.]
Letter from R. W. Hay, Esqre., to G. Harrison, Esqre.
Downing Street, 17 November 1825.
Sir, — With reference to your letters of the 10th and 20th
December of last year enclosing Memorials from Mr. Launcelot
Cooke complaining among other things of the conduct of the
Collector of Customs at the Cape of Good Hope in regard to
that officer's proceedings towards him in the case of Jean Elle,
an indentured negro, and imputing generally to the Collector
various corrupt practices in the disposal of condemned Negroes,
Records of the Cape Colony. 445
I am directed by his Lordship to return to you the Memorials
in question, together with a report which has been received
from His Majesty's Commissioners of Enquiry of the result of
their investigation into the conduct of the Comptroller as well
as of the Collector of Customs at the Cape in matters touching
the disposal of prize negroes ; and I am to desire that you will
lay the Commissioners' report, together with the volume of
X>apers annexed to it, before the Lords Commissioners of His
Majesty's Treasury. I am &c.
(Signed) R. W. Hay.
[Office Copy.]
Letter from R. W. Hay, Esqre., to Mr. D. P. Francis,
Downing Street, 18 November 1826.
Sir, — I am du^ected by Earl Bathurst to acknowledge the
receipt of your letter of the 11th instant.
As you do not appear to have received my letter of the 9th
instant, I enclose a copy of it for your information ; and I
have to add that I shall be ready to receive you on my return
ta town in the course of the ensuing Week. I am &c.
(Signed) R. W. Hay.
[Copy.]
Letter from the Receiver General to Sir Richard Plasket.
Receiveb-Genebal's Offioe, \%th November 1825.
Sir, — I have the honour to enclose for his Excellency the
Governor's information, a statement of the different issues
made from the treasury previous to his Lordship's return from
England on the SQth of November 1821, without receiving
regular warrants for the same at the time the respective issues
were made. I have &c.
(Signed) J. W. Stoll, Recr. General.
3 !•;
11°
of the i
i Cohmy.
2 S
3 S "i^ S "^
1, a a*'? £C
ill's 2| III |ll
■?sl-
^ .a -E 2 i s 5
«0 OOrt
31
■fgt 1 I
■&-U & 1
■ -I 'I I :
Records of the Cape Colony. 447
[OriginaL]
Letter from Lord Charles Somerset to Eabl Bathurst.
Cape of Good Hope, 19 November 1825.
My Lord, — I have the honor to transmit to Your Lordship
the enclosed receipt from the Officer at the Head of the Com-
missariat on this Station for Eight Hundred and Seventy
Seven Pounds, Eight Shillings and Nine Pence Sterling, being
the Interest due, up to the 4th of February 1825, according to
the accompanying statement, on Thirty five thousand, and
ninety seven Pounds, Ten Shillings and Seven pence Sterling,
the Sum drawn at the periods therein specified, on the Lords
Commissioners of His Majesty's Treasury, agreeably to your
Lordship's authority to that effect dated 15th November 1822.
I have &c.
(Signed) Charles Henby Somerset.
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst.
Cape of Good Hope, I9th November 1825.
My Lord, — By the accompanying Extracts of Letters from
the Commandant of the Frontier, Your Lordship will perceive
that the Kaffers have been very troublesome of late, and that
there is some reason to suppose that one of the Chiefs has gone
so far as to set Spies to watch the movements of Captain
Campbell, a Gentleman who came out with a party of Settlers,
and who resides in the neighbourhood of Graham's Town ;
with the view of murdering him, on the plea that one of the
Sons of that Chief had been killed in a rencontre between the
Kaffers and a Detachment of the Cape Cavalry sent to recover
some Cattle which had been stolen from Capt. Campbell.
The constant illicit Traffick, which takes place between the
Kaffers and some of the worst description of the Settlers
located near the Frontier, and the frequent Incursions which
the Kaffers make to plunder Cattle, in order to enable them to
448 Records of the Cape Colony,
carry on such illicit Traffick, have long since given me muck
uneasiness, as the recovery of such Cattle by the Military^
must lead at times to bloodshed, by which a Spirit of revenge
is always kept up.
I therefore came to the determination to submit to Council
the propriety of opening the Trade in Cattle at the Fairs
appointed to be held on the Border, particularly as the Com-
mandant of the Frontier and the Landdrost of the Albany
district had lately urged it with me (as per annexed letter) as-
the measure the most likely to be effectual in checking the
present Evils. It will enable the Chiefs to sell their own
Produce, and will tend more effectually to the discovery of
any Cattle that may have been stolen, should such be exposed
for Sale.
I trust this measure will in a great degree, if not entirely^
put a stop to the illicit Traffick on the other parts of the
Frontier, and I have caused the practice of marking the Cattle
to be again urgently recommended to the Inhabitants.
I have the honor to enclose for Your Lordship's approbation,
the Ordinance on this subject which was passed in Council,^
and have &c.
(Signed) Charles Henry Somerset.
[Enclosure 1 in the above.]
Extracts of two Letters from Lieut. Colonel Somerset to Lord
Charles Somerset dated the 1st and 7th November 1826-
The constant petty Thefts of the Kaffers with the Determina-
tion on the part of some of them to murder Captain Campbell
(by what Chief employed I cannot ascertain) gives me so much
trouble and employment that I have scarcely time to write you
a Une. I am but just returned from beating the Bush with
100 men last night, but without success. Three Kaffers have
laid in ambush for Capt. Campbell for some time and they have
twice rushed out on Individuals whom they took for him,
Sunday Evening they watched him out, fortunately he returned
by a different Path, but his Servant returned by the same
path that Captain Campbell had gone out. When within Three
Hundred yards of the House three Kaffers sprang out, the man
Beeerdi of (he Ckpe Colony. 449
was mounted and ^galloped off. An assagai was thrown that
stmck the Horse. All this is very perplexing, hut the Bush
or rather the Forest is so thick that the power of man cannot
get them out. The KaSers are committing other Depre-
dations, and although my Patroles invariably recover the
Cattle, still it is very vexing. The dreadful manner in which
some of the Settlers are leagued with the Kaffers in order that
they may carry on the illicit Trade in Cattle has induced me to
beg I may be authorised to allow a free Trade in Cattle entirely.
Cattle are brought in at night by Kaffers to these Traders and
as the E^affers return they sweep up the Country of all they
find, take them into the Kloofe, skin them and take the hides
to the Fair, and these Traffickers keep watch for them so that
the Patroles can scarcely ever detect them. The free Trade in
Cattle will be the best plan, after the first Influx is over.
These beast Fairs can be periodical, say once a month. I
have been on Horseback the whole Week and am very much
harassed and have only written a few Knes officially respecting
the free Trade in Cattle. Major Dundas says he entirely
agrees with me.
I returned yesterday from Fort WiUshire, where I had
desired Graika to meet me, in order to impress upon him and his
Chiefs the necessity of their keeping their Tribes in order, but
I could not bring them to any point further than impressing
upon them that if any misfortune happened to Captain Camp-
bell I would visit it on the Kaffers theitiselves, and this they
promised to bear in mind but nothing further. From what I
can hear the Kaffers are aware of having transgressed and €Lre
expecting to get into difficulties with us, but still they shew no
inclination to behave better. I attribute the whole of the
present irregular conduct of the Kaffers to their connection
with the trafficking Settlers, whom they see all day practising
every kind of Deceit and they wonder what we are about to
permit it. The Intercourse of illicit Traffickers with the
Kaffers has been of serious Injury to the Colony, and I assure
you if half measures are pursued with the Kaffers, their cunning
is now such, and they are so well aware of their own strength,
that you will lose the Frontier. It occupies my thoughts
constantly.
xxin, 2 o
450 Records of the Cape Colony,
[Enclosure 2 in the above.]
Graham's Town, November lat 1825.
Sib, — Having ascertained that a very considerable trade in
Cattle is carried on by some of the Settlers with the KaflFers,
I have considered that it would be better to permit a general
trade in Cattle to be held at the several Fairs, as it would
immediately check this illicit Trade.
The Kaffers get from these Traders every information of the
movements of my Patroles, and this kind of understanding
between these Individuals and the Kaffers materially interferes
with my Mihtary arrangements for the defence of the Frontier.
I beg to add that the Landdrost entirely agrees with me in
this suggestion. I have &c.
(Signed) H. Somerset,
Lt, CoL Commanding Frontier.
Sir Richard Flasket, Secretary to Government.
[Enclosure 3 in the above.]
Extract of a Tjctter from the Landdrost of Albany to the
Secretary to Government, dated October 25th 1825.
The new fair is held this week for the first time, I fear Cattle
SmuggUng with the Caffres has begun again ; nothing will
prevent this Trade but an open Trade for Cattle with those
people ; it will be better far than the Trade for Hides. The
marauding Caffres now drive Cattle to the nearest Bush and
carry off the Skins at their leisure ; whereas were Cattle mar-
ketable, there would be a greater chance of recovering those
stolen, I think that an order should be given, that no Skins
be bought at the Fair, without being previously examined, to
see whether they be marked ; hundreds are now brought to
Graham's Town, which show plainly to whom they had
belonged.
Viewing the free Trade for Cattle in every point, there is
nothing that can be argued against it ; it will increase the
spirit of trade among the Caffres, it will prevent smugghng and
thieving, and it will give a greater return to them than at
Records of the Cape Colony. 451
present ; for a CaSre now gets as much for the skin of an Ox,
as he considers the whole beast to be worth.
This opinion is general among the better informed of the
CafiEre Traders. I am well aware that the Trade was tried
some time since, and from the circnmstanoes of the times being
different, it was considered to have had an evil tendency ; but
I am sm^ it will now be otherwise.
[Copy.]
letter from R. W. Hay, Esqre., to George Harbison, Esqrr.
DowNiNO Street, \^h November 1825.
Sir, — ^I am directed by the Earl Bathurst to transmit to you
a copy of a dispatch which has been received from Lord Charles
Somerset, enclosing a Memorial from Mr. Thomas Rowles,
which prays relief in consideration of the losses sustained by
the Memorialist in consequence of the Ordinance which the
Governor has been directed to issue, with a view to the intro-
duction of the system of British currency into the Cape of
Good Hope ; and I am to desire that you will lay these papers
before the Lords Commissioners of His Majesty's Treasury, for
their Lordships' consideration. I am &c.
(Signed) R. W. Hay.
[Copy.]
Letter from Cobcmodore Christian to Lord Charles
Somerset.
Owen Olendawer, Sikon's Bay, IM November 1825.
My Lord, — I beg leave to represent to your Excellency in
Council that all British Seamen are placed by certain Aot« of
the British Legislature under one system of law, and Special
Acts give authority to the King's Courts at the different
Presidencies in India to try Seamen for all offences according
to Law, but as the Admiralty Statutes make no mention of
2 o 2
452 Records of th-e Cape Colony
this Colony, I am of opinion your Excellency's Proclamation
subjecting British Seamen to the Dutch Law is at variance
with the principles of Marine laws and a violation of the British
constitution. There being a Vice Admiral and a Vice Admi-
ralty Court here, I apprehend to be the reason why no special
Act has ever passed the British Legislature authorising the
Courts of Justice to try offences committed below low water
mark and on the high Seas in this Colony, as is specially
provided to enable His Majesty's Courts in the different
Presidencies in India (where there are no Vice Admiralty
Courts) to take cognizance of such offences, as several cases
have occurred since my arrival which I deem illegally decided
upon by the local Tribunal for offences committed on the High
Seas and below low water mark, and as the interference of His
Majesty's officers of the Navy is constantly called for, I pray
your Lordship will be pleased to instruct me the course I am
to pursue in all such cases, and by what law and by what
process Mutineers can be legally proceeded against, and
whether your Lordship is pleased to deny the right I assume
to act as a Magistrate afloat and to originate matter to be laid
before you as Vice Admiral with the view of being brought
regularly before the Vice Admiralty Court in Cape Town.
I have &c.
(Signed) Hood H. Chbistian, Commodore.
[Copy.]
Letter from Commodore Christian to W. C. van Rynevbld,
EsQRE., Superintendent of Police.
Owen OlendoiUer, Simon's Bay, Idth November 1S25.
Sir, — I have to request yott will be pleased to inform me if
you have had any communication with Captain Owen of His
Majesty's Ship Leven, in regard to certain men — John West,
John McCarthy, Henry Beeves, Patrick Cogan, Thomas
Donovan, John Jordan, John Mehan, Daniel Bourke, Dennis
Mullins, Hugh Montgomery, James Madden, Daniel Lee, Peter
Boss, and Thomas Charles Levis — ^who desired to enter into
Records of the Cape Colony^ 453
His Majesty's Service and who were claimed by Mr. Ingram as
his articled Servants, subsequent to my order of Simday last,
desiring them to be given up to legal authority, as Captain
Owen has informed me that he landed all the men in question.
I desire to know, if he has placed the men named in your
custody, and beg to inform you that I have addressed his
Excellency the Governor in Council, requesting they may be
examined and the whole case enquired into, therefore I must
consider you responsible for their appearance should the ends
of Justice seem to require an appeal to the Tribunals at home
by the Vice Admiral declining to issue Orders to the Vice
Admiralty Court to take cognizance of the matter in this
Colony. I have &c.
(Signed) Hood H. Christian, Commodore.
■» ».
[Copy.]
Letter from Commodore Christian to Lqiid Charli;s
Somerset.
Owen Olendotver, Sisioif's Bay, 19 November 1825.
My Lord, — I have the honor to submit to your Excellency
that certain British bom subjects claimed the right of entering
into His Majesty's Naval Seryice. Captain Owen repeived the
men in question, and has represented to me that they are
illegally and unwarrantably claimed by the Colonial Court as
Mr. Ingram's articled Servants. I submit their names and
cases to your Lordship together with a Copy of a letter addressed
by me to the Superintendant of Police, in whose Custody I
believe the men to be, and pray that your Lordship will direct
a proper notice to be served upon this Officer in order to
secure the appearance of the men in question. It is my duty
to claim the men, and to pray that your Lordship as Vice
Admiral will be pleased to direct the Vice Admiralty Court to
proceed against Mr. Ingram for a breach of Law committed
on the High Seas, in bringing these men to this Colony as set
forth in the depositions of the men in question and now laid
before your Lordship, unless the Colonial Tribunal should
decide, or have decided, that the men are legally bound to
454 Records of the Cape Colony,
Mr. Ingram, in that oase I hope your Lordship will allow me
to be furnished with a copy of their decision in order that I
may lay the same before My Lords Commissioners of the
Admiralty. I have &;c.
(Signed) HpoD H. Christian, Commodore.
[Copy,]
StcUement by Commodqbe Christian.
The examinations have taken place, five of them in my
presence and two when J was not present, and all of them
before Mr. Ligram. They are quite decisive in my judgment
that Mr. Ingram did take several people away from their
country without their own consent, for his own individual
gain and advantage, and that he has by this act rendered
himself Uable to prosecution in British Courts of Justice, and
I have Uttle doubt His Majesty's Ministers will, when they are
rightly informed, institute regular proceedings against him,
and my intention was immediatefy to report the case to my
Lords of the Admiralty and to retain such persons of those
Mr. Ingram has claimed and to whose services he has no legal
right, to place them under the protection of their Lordships
and to be used as evidences if they should think proper to
direct their soUcitor to prosecjute the causte as being for offences
committed on the high seas.
He has not only committed the acts of yiplence committed,
but by menace and art has induced many to sign agreements
on the passage which are dated at Cork, and most of those
agreements in their terms do not meet his own contract with
Government. He has moreover by the 6th Article of the
Indenture provided a means for keeping the persons in perpetual
bondage should they use any enort to escape out of Iron
hands.
I felt it my duty therefore not to replace in his hands any of
the persons to whose services he has no legal or admitted title,
and for such as had voluntarily subjected themselves to his
power to claim the protection of the Colonial Government.
Records of the Cape Colony* 455
The Persons claimed by Mr. Ingrain or on his acts are
1. John West. He states on oath before the Commissioners
that he \iras taken to sea against his own consent, and that he
was induced by the menaces and acts of Mr. Ingram to sign an
indenture at Sea when not very distant from the Cape, and
which is dated as done in Cork.
2. John McCarthy on oath states that he also was taken by
force ajad against his own free will and has never signed any
indenture or paper whatever, and is by right free to dispose of
his Services as he will.
3. Henry Reeves is a regularly articled Servant, and would
have been discharged if Mr. Ingram would have been content
to have received his wages in Ueu of his personal services, but
for whom also I should have felt it my duty to claim the
protection of the Colonial Government against the execution
of the 6th Article of the said Indenture by referring it to the
Connnittee from the Court of Justice.
4. Patrick Cogan^ His case is perfectly similar to that of
John West.
. 6. Thomas Donovan. His case is perfectly similar to that
of John McCarthy.
6. John Jordan was a Servant articled to Mr. Ingram, who
has been paid for him by his present Master Mr. Cluristie who
has not claimed him.
7. John Mehan, is a case taken against his will similar to
that of John McCarthy, and Mr. Ingram claims him by the
name of Patrick Mehan, which is not his name.
8. Datiiel Bourke was regularly articled, but Mr. Ingram's
Contract with Government has not been fulfilled in the Article
of his Wages. This case is similar to that of Reeves.
9. Dennis Mullins, now belongs to Mr^ Borgan, an Advocate.
This man was brought away under a false pretence, as he
states that Government was to pay his passage and that he was
to be at liberty at the Cape to seek Service for himself, he
signed an Indenture at Sea, induced thereto by threats, as in
the case of John West. I proposed to act in his case as in that
of Beeves.
10. Hugh Montgomery, was also taken against his will, his
Services were made over to a Mr. Hammison, with whom he
has agreed to serve five years longer ; he was induced to sign
456 BecQtds of the Cape Colony,
the indenture at Sea, which like the rest is dated in the City of
Cork.
11. James Madden, is claimed by the name of John Madden,
which is not his name, he was articled to Mr. Ingram, who sold
him to John Philip Bhynard^ who beat him, and he was
brought before the Court, who dismissed him from the service
of the said Master and gave him permission to seek a Master
for himself, and he has since served Mr. Van Schoor with whom
he has no writteja agreenjient beyond immediate service for food
and raiment and is free to serve whom he will.
12. 'Daniel Lc^e, was brought from /Cork under the pretence
that Grovemment would pay his passage out ; by menace and
art he (Ingram) prevailed on Lee to sign Indentures at Sea,
which are dated at Cork. Lee was sold to Strahan and Donald
for two hundred and thirty BixdoUars, and he has paid for
himself about seventy Rixdollars and ninety by fifteen Dollars
per month from De Nysser. Lee supposed Strahan and Donald
will be satisfied with his wages, which, if the legality of the
agreement be admitted, will be allowed.
13. Peter Boss, appears to be an articled Servant to Mr.
Ingram, but who has not fulfilled his contract with Govern-
ment as to his Wages, but for which he Ross has signed.
14. Thomas Charles Levis, gets no "^ages, which is contrary
to the said Contract with Government ; but he has signed he
says two sets of Indentures.
For the last two there has been no claim put in.
I conceive it important to the hoiaor and dignity of His
Majesty's Government, which never hesitates, to give its pro-
tection to his subjects agaiast oppression and violence and
which has been compromised by these acts of Mr. Ingram,
that the cases numbered 1, 2, 4, 5, 7, 9, and 10 should be
retained as evidences, should they be required, and I was pre-
pared on my own respo|isibili[ty to resist Mr. Ingram's daim to
any of them and to hold myself ready to meet his claims in a
British Court of Justice whenever he might think proper to
prosecute them or me for his losses by this axst of mine. At
present they are at your disposal.
You will observe. Sir, that I had determined to take no man
whose Services were claimed without referring their cases to
the Colonial Government, whose interference however is not,
iteeardg of the Cape Colony. 457
and by itself is I believe not deemed necessary between Mr.
Ingram and the claimants and myself who am ready to resist
the aforesaid claims by Law.
(Signed) Hood H. Chbistian, Commodore.
[Copy.]
Letter from Mb. William Gbeig to R. Wilmot Horton, Esqbe.
LoKDOir, I9th November 1825.
Sib, — As the interview with which I was honoured on
Monday last, as " agent to Mr. George Greig," of the Cape of
Good Hope, to complain of Lord Somerset's refusal to comply
with the orders of his Majesty's Government respecting that
part of the official arrangement upon which he (Mr. Greig)
returned to that colony, namely, the restitution of all the
printing type and presses that were " seized and sealed up by
order of Lord Somerset until his Majesty's pleasure was known,"
I beg to say that I understood you to inform me " That imme-
diately after the receipt of Mr. Greig's memorial to Earl
Bathurst, orders had been reissued and sent off to Lord
Somerset to instantly restore the said printing materials and
presses, and that I might depend on the said orders being
forthwith carried into effect."
On my stating " l^at a,n official order on that subject having
once been disobeyed by Lord Somerset, I could place no
reliance that he would not act in the same manner again,"
I understood you to answer, " That until lately it was not
officially known to His Majesty's Government that the print-
ing materials had been sold." To this I replied, " That it was
within my own knowledge that Earl Bathurst was by Mr.
Greig made acquainted with that fact in the course of the
negotiation which took place when Mr. Greig was in England."
Having informed you " That Mr. Greig's business at the
Cape of Good Hope is almost entirely at a stand ; that a
variety of works which had been waiting his arrival, he was
obliged to decline ; that no prospect remained but his utter
ruin unless immediatelv assisted with printing materials, and '
458 Becords of the Cape Colony.
that my orders were peremptory to send them out if His
Majesty's Government refused to do so," you replied, " That
His Majesty's Government did not intend sending out any,
and that after what you had before stated I must exercise my
own discretion on that subject."
Lastly, I mentioned *' the great and irreparable loss that Mr.
Greig would now inevitably sustain : in the first place, by the
loss of the business he had been obliged to decline ; secondly,
his rival Mr. Bridekirk, who had been induced by Lord Somer-
set to occupy his (Mr. Greig's) ground having now an oppor-
tunity given him of providing himself with printing materials
to meet the possible case of being obliged eventually to give up
those claimed by Mr. Greig by order of His Majesty's Govern-
ment."
In reply to this statement, you informed me " that it would
be premature now to enter on the subject of the losses Mr. Greig
has and may sustain, but that I might depend on this, that
proper remuneration will be made to him for any losses expe-
rienced by the non-fulfilment of the arrangement entered into
between His Majesty's Government and Mr. Greig."
The above, Sir, is I beUeve the substance of what occurred at
the interview with which you honoured me, and I beg to
request your acknowledgment of the same in the manner you
think best. I have &c.
(Signed) William Greig.
[Original.]
LeUer from Mr. Bishop Burnett to R. W. Hay, Esqre.
Bbown's HotbIi, WiiSTMiNSTEB, \^h November 1825.
Sir, — I beg to inquire if the report of His Majesty's Com-
missioners of Inquiry on any part, or the whole of my Case,
has been received by your department, and if, in such event
I may be permitted to apply for a Copy of such report.
I have also to ask whether Earl Bathurst's objections to my
return to the Cape of Grood Hope, as stated in your letter of
the 12th last July, for the purposes set forth in my request
Records vf the Cape Colony. 459
to that effect, are still in operation, and if not whether I may
proceed forthwith to that Settlement.
As I have seven additional charges of corrupt administration
to adduce against Lord Oharles Somerset in his capacity of
Governor of the Cape of Grood Hope, the evidence to substan-
tiate which can only be secured by my presence at the Gape,
and as I profess to substantiate none without such facility
being afforded me, may I be excused in caUing his Lordship's
attention to the inevitable deduction of Parliament and the
Public from any further pertinacity in so extraordinary and
8o invidious a determination. I am &c.
(Signed) B. Burnett.
[Copy.]
Letter from the Secretary to Oovemment to the Commiaaionera of
Enquiry.
Sunday, November 20, 1825.
My dear Sirs, — I received your letter of the 16th three days
ago, but my official duties have prevented my replying to it
until this day.
I have now read it over attentively, and am sorry to say it
is very far from satisfactory, and I think affords me great
reason to complain of the manner in which this Liquiry has
been conducted. I am debarred from that information and
explanation which Dr. Barry possesses with yourselves, and
which alone could enable me to sift to the bottom the falsity
of Dr. Barry's statements, at the same time that Dr. Barry
by the manner in which he has been allowed to make his
complaints, viz. in personal conversation, has now been able
to wind up, after being acquainted with everything I have said
on the subject, by a written Beport widely different from
what he first stated, and introducing fresh matter, which in
my mind has evidently been inserted from having heard my
explanations, and which never appeared in the precise state-
ment which you state he had previously made to you.
It is a very impleasant thing for me to state to you, on whose
460 Records of the Cape Colony.
honor and integrity I have the most firm reliance, and in
whose hands I would willingly trust my own character (with
any other opponent than Dr. Barry), my feeling that you have
shewn a partiahty towards him. You will not allow that he
has deceived you. But it is of little consequence to me
whether your judgement has been swayed by the confidence
you have in him or by the influence he possesses over you.
1 will, however, venture to say, and I will appeal to you for
the decision, that in no one case that has ever come before
you, as Gonmiissioners of Inquiry in this Colony, where the
subject in dispute depended upon th6 ipse dixit of two Individ
duals in the same class of society, has the same system been
followed that you have adopted towards us, viz. that one of
the Parties has been called upon to give explanations in writing
on particular points as they occurred, while the other Party,
(he being a daily Medical Attendant upon one, indeed I may
say with reference to family upon both of you), has been
allowed to give his evidence in personal conversation, and
that such evidence being merely assertion on his part, was
considered by yoii as so precise as to induce you to look upon
as erroneous ^ly positive assertion in writing that it was
false.
I have also, I think, to complain that while you have pressed
so hard upon me my want of memory (which by the bye now
appears to be much upon a par with the rest of the Party)
you have overlooked very glaring inconsistencies in Dr. Barry's
statements, and that you have given very Uttle weight indeed
to Mr. Gregory's deposition which completely and specifically
confirms my original statement.
I shall, however, notwithstanding, proceed to the best of my
abiUty to counteract Dr. Barry's written declaration. In it
he says that on the 19th September he was advised to apply to
me for Copies of the sentence of the Commissioners of the
Court of Justice (which had been issued against him three
days before and cancelled in a few days after it was issued),
and for the other Proceedings, and that four or five days after
this advice was given he came to me, and on his asking for
those Documents to be submitted to you, I said he should be
dismissed.
Now in the first letter which you wrote to me, it is stated on
Becords of the Cape Colony. 461
the authority of Dr. Barry that the Interview took place
during the investigation of the state of the gaol by the Fiscal,
instead of as he now asserts, several days after the sentence
had been issued and the proceedings closed.
Dr. Barry further states that by the advice of his friend he
thought that it itx)uld be bvi fair to me to come and ask for those
documents. What this means I cannot understand. He had
applied three days before to two friends, Mr. Kekewich and
Mr, Bigge, who advised him to address himself to the Governor
from whom he got immediate redress. But his new friend
advised him to come to me, instead of applying for them
officially to the Government, which is rather singular considering
Dr. Barry's opinion that I was so hostile to him.
In Dr. Barry's written declaration he states, though he
cannot fix upon any of the five days alluded to, that when he
did come to me I had a headache, and he states a variety of
other minute particulars, with a view to fix my memory to
the conversation.
Now Dr. Barry has been rather too anxious to do this. He
states that in the same conversation I alluded to his introducing
the names of Mr. Kekewich and Mr. Bigge. Now although my
memory be not over good, it will authorise me on this point
to swear, and I a:in ready to do it in any Court, that there was
a lapse of at least One Month between the conversation I had
with Dr. Barry about his dismissal and that which had reference
to Mr. Bigge and Mr. Kekewich.
But there is another part of this written declaration which
is very important indeed. Dr. Barry (after all the precise
statements and distinct explanations made to you of every-
thing that passed in the conversation) now for the first time
introduces what he said to me in reply to what I said to him,
viz., that in consequence of my threat of dismissal he would
more than ever insist upon reporting it to you for your opinion
and investigation. Now although I will swear that not a
syllable of this kind ever passed Dr. Barry's lips in my presence,
and although I don't think our conversation would have
finished in a mutual laugh, as he says it did, had he really
stated anything of the kind to me, I can, without my own aid
I think, pretty clearly set this question at rest.
Dr. Barry is advised by a friend to report this case to the
462 Records of the Cape Colony.
CommiBsioners of Inquiry officially (as they knew it before
privately). He comes to me for copies of the Proceedings.
I tell him he shall be dismissed, if he sends them. He cares
not for that, but insists on it the more because I threaten him.
Now what is the result of all this ? Dr. Barry does report to
the Commissioners within two or three days after this stated
Interview wifch me. But what do the Commissioners do ?
They attached no importance to what he said. They retained
no recollection of the date or the subject. They took no
depositions, and in all probability would never have noticed it,
if they had not understood it had become subject of conver-
sation. What then was it, I should be glad to know, that Dr.
Barry did report to the Commissioners. Not what he says
he stated to me he intended to do. ' Not what his friend
advised him, because if he had done so it would have been the
duty of the Commissioners to have done that justice to Dr.
Barry which they have done to every Individual in this Colony
who has ever demanded their interference. What became
then of the so much talked of advice of his friend, and of his
pledge to demand investigation. It appears all to have ended
in tittle tattle, and from that tittle tattle alone was the subject
subsequently brought forward.
There is another question, however, of more serious moment,
arising out of the communication which you state in your letter
of the 16th Instant to have been made to you by Dr. Barry of
the expressions used by me.
In your first letter to me you state it has been currently
reported, as you believe on the authority of Dr. Barry, that I
had made use of an expression to Dr. Barry to the effect that
if he submitted a case to you, he would be dismissed from his
situation, and as you would be very reluctant to believe that
I had done so, in the sense in which it had obtained currency,
and as you felt the effect such an expression must have on your
public character and station in this Colony, you hastened to
communicate it to me, and would, not without anxiety, await
the explanation that I might afford.
This letter alludes merely to the expression I had made use
of, and to the effect it must have on your character &c., and
was dated 31st October.
It now appears, however, that it is perfectly within your
Records of the Cape Colony. 463
recollection that Dr. Rarry communicated to you the expres-
sion I had made use of very soon after his Interview with me.
This interview, by my account, took place on the 24th or
25th August, by Dr. Barry's account between the 19th and
23rd September, so that taking his statement to be correct,
this expression which tended so materially to affect the charac-
ter and station of yourselves as Commissioners of Inquiry was
made known to you by Dr. Barry himself above a month before
you addressed me on the subject, and expressed such an
anxiety to have my explanation thereon ; and that when so
made known to you, you did not even deem it worth attending
to. It could not, therefore, be the expression itself, as it
regarded you, that was of consequence, otherwise you would
have noticed it at once ; but from what cause it became subse-
quently of so much importance, I cannot account for, unless
indeed from the effect it is supposed to have had on Dr. Barry,
as coupled with his removal from Office, or as you state with
the manner in which such removal was effected.
Now as Dr. Barry's removal was consequent on the Pro-
ceedings before Council, it is rather singular that this expres-
sion of mine was never known to Lord Charles nor I believe
to any one single Member of Council but myself, until after
Dr. Barry's removal. Why the two circumstances should
have been coupled together by you I cannot comprehend,
because Lord Charles as well as myself had both explained to
you before Dr. Barry's removal the causes that had led to it ;
and Lord Charles was anxious you should as friends of Dr.
Barry endeavour to advise him and to shew him the impro-
priety of his conduct. .Indeed so well did Dr. Barry himself
know the causes which hastened his removal, that he appUed
to Council to be heard in explanation of them, but not a
syllable did he ever venture to say about my threat of dis-
missing him being one of the causes.
On this point I cannot help remarking the change that
appears to have taken place in your opinion (as stated in your
correspondence) relative to the removal of Dr. Barry. The
Government minute was dated on the 1st November. In your
letter of that date you allude to the recent retirement of Dr.
Barry. In your second letter of 4th November you allude to
the sudden abolition of his Office, (although the public letter to
464 Becm^ds of the Cape Colony^
Dr. Barry, stating it to be the Governor's intention to propose
to Council to abolish it, was dated the 4th October and it was
not abolished till the 1st November) and in your last letter of
the 16th Instant you allude to his dismissal from Office.
Had Dr. Barry accepted a seat at the new Medical Board,
as offered to him, or had he even, without so doing, bowed to
the decision of Council as to the expediency in a public view of
changing the Medical Establishment, we should have been too
happy to have advised with him, and to have conciliated him
in every way in making the new arrangement. I recom-
mended him strongly so to do, but I cannot state his reply,
because it was made to me under the pledge of secrecy.
Instead of taking my advice he threatened to resign all his
other situations if the arrangement were carried into effect.
I have stated all these points because I am satisfied that
Dr. Barry, who threatens to submit my conduct to Lord
Bathurst, can only support himself by the confidence both of
you place in him.
As to Dr. Barry's statement of what he said to me about
tearing the summons, cutting off the FiscaPs Ears, it is very
true he did mention these facts, and probably he may recollect
I more than once told him, if he were not more cautious as to
his expressions, he would certainly get into a scrape. He has,
however jumbled into one conversation almost everything he
ever said to me since I have been in the Colony. As to his
idea that these expressions should not be noticed by me, while
he is himself making part of the same conversation (as he
asserts)'subject of complaint to Lord Bathurst against me, it is
really too ridiculous to notice, although I am not surprised at
his wishing them sunk in oblivion.
I shall now conclude this unpleasant correspondence, and
which has entirely been forced upon me, by assuring you that I
never intended for one moment to suppose that your not agree*
ing with me as to Dr. Barry's having deceived you was to
prevent a continuance of the cordial understanding which had
hitherto existed between us. I only alluded to my conviction
on that head as an apology for troubling you for such detailed
explanation, and if you refer to my letter, I think I have so
expressed myself. I remain &c.
(Signed) Richd. Flasket.
Records of the Cape Colony, 465
[Office Copy.]
Letter from R. W. Hay, Esqrb., to Mb. D. P. Francis.
DowNiKQ Stbeet, 2\8t November 1825.
Snt, — I have to acknowledge the receipt of your letter of the
.16th instant and to acquaint you in reply that of the persons
whose names are enumerated by you, two, viz. Messrs. Knobel
and Swan, appear to have been examined by His Majesty's
Commissioners of Enquiry respecting your claims. I am &c.
(Signed) R. W. Hay.
[Copy.]
Letter from the Commissioners of Enquiry to the Governor in
Council.
Cape Town, 21 November 1826.
My Lord, — Being at present engaged in an enquiry into the
nature and exercise of the supreme medical Authority in this
Colony, as constituted by your Lordship's proclamation of the
20th September 1823 as well as in the consideration of the
measures that it may become our duty to recommend to His
Majesty's Grovemment for the purpose of effecting as near an
assimilation as circumstances may permit of the system of
medical superintendance in this Colony to that which prevails
in England, we have the honor to request that we may be
furnished with copies of all, or any documents and correspon-
dence that may have been submitted to the consideration of
Your Excellency in Council, upon which the removal of the
late Medical Inspector was resolved and the " aboUtion " of his
office as announced in a Government minute, and the appoint-
ment of a Committee of Medical Inspection in another minute
of the same date were declared.
Having also in a recent report that we had occasion to
address to Earl Bathurst upon a subject nearly connected with
the state of the Frontier and the intercourse of the Inhabitants
with the KaflEer Tribes expressed our concurrence in the
xxin. 2 H
466 Records of the Cape Colony,
expediency of continuing the restriction upon the barter of
cattle, and having observed by the Ordinance of Your Excel-
lency in Council under date the 17th Instant that such barter
is now permitted, we have the honor to request that we may-
be furnished with a Copy or Copies of any Memorial or infor-
mation, by which the determination of Your Excellency in
Council upon the subject may have been guided.
We have &c.
(Signed) John Thomas Biggb,
William M. G. Colebrooke.
[Copy.]
LeUer from the Commissioners of Enquiry to the Secretary to
Oovernment.
Monday, November 21, 1825.
My dear Sir, — ^We hasten to assure you of our earnest
wish to put an end to the correspondence that has taken
place between us on the subject of the conversation that
passed between Dr. Barry and yourself, and for that reason
we shall forbear all comment or observation upon those
passages in your letter of yesterday in which you have drawn
inferences to which it certainly was our hope that we should
not have been exposed in the consideration of any litigated
question that came before us.
We now only beg to remind you that the Expression imputed
to you did not seem to us to acquire importance, and was,
therefore, not noticed until it had become the subject of
public observation by the retirement of Dr. Barry from Office,
and was likely (as we had reason to think that it might) to
tend to your and our Prejudice elsewhere.
As to the difference in the expressions we used respecting the
retirement and removal of Dr. Barry, we beg to observe that
we considered his decUning to act any longer in the Colonial
Medical Department upon the terms that were offered to him,
as a retirement from the Office ; and as the PubUc have in no
shape been made acquainted with the grounds of expediency
Records of the Cape Colony, 467
npon which an Office that had been declared to be necessary
by Proclamation in 1823 was abolished by a minute of Grovem-
ment in 1825, we thought that we were justified in concluding
that the reported ground of Dr. Barry's dismissal would be
strengthened in the public mind by the very abrupt and
laconic declaration of the Minute.
As you appear to be under an impression that we have
afforded Dr. Barry an undue advantage by communications
we have made to him in the course of this correspondence, we
think it right to inform you that in obtaining his explanations
we have made no disclosures whatever to him of those we have
received from you, and while you have attributed to us a bias
in the consideration of the question, we are induced to think
that Dr. Barry has also a persuasion that we have not adopted
his account of what had passed.
In the earnest hope that all correspondence upon this
unfortiuiate subject or those that have been mixed up with* it
is now to terminate, we beg to remain &c.
(Signed) John Thomas Biggb,
W. M. G. COLEBBOOKB.
[Copy.]
«
Letter from Sir Richard Flasket to the Rbcbivbr General.
CoLOiOAL Office, 2lst November 1825.
Sir, — ^I have to acknowledge the receipt of the statement of
the diflferent issues made from the treasury without regular
warrants having been granted therefor, called for by the letter
from the assistant secretary to government of the 5th instant ;
but as it is important to ascertain specifically precisely when
the practice of issues of that nature commenced, I am to
request that you will state whether the issue of 2,000 Rds. on
the 10th July 1821 for the repair of the wharf, was the first
that was made without a regular warrant, since your appoint-
ment as receiver-general. I have &c.
(Signed) Richard Flasket, Secy, to Govt.
2 h 2
468 Records of the Cape Colony.
[Copy.]
Letter from Lord Charles Somerset to the Commissioners of
Enquiry.
Newi*ands» 22nd November 1825.
Gentlemen, — I had the honor to receive and to submit to
Council the letter which you addressed to me under date the
2l8t Instant, and I have now to transmit to you copy of the
Proceedings of Council, by which you will perceive that all the
Documents required by you will be furnished without delay.
I deem it necessary also for your information upon the
points alluded to in your Letter, to annex copies of two
Despatches, which I have lately addressed to Earl Bathurst,
with their Enclosures, one relative to the late change in the
Medical Department, the other connected with the opening of
the Trade in Cattle at the Fairs established on the Frontier.
I
I have &c.
(Signed) Charles Henry Somerset.
P.S. The Enclosures will be forwarded to you as soon as
copies thereof can be made, they being very voluminous.
[Copy.]
Letter from the Fiscal to the Commissioners of Enquiry.
FiS0AL*8 Office, 22nd November 1826.
Gentlemen, — I have the honour to acknowledge the receipt
of your letter of this day's date, requesting my early infor-
mation on the questions therein proposed to me, namely ; first,
by what reasons I have been induced to exhibit to the Court
of Justice, in my proceedings instituted against Mr. Bishop
Burnett, a letter from the colonial secretary, conveying to me
his Excellency's desire that I would institute proceedings
against Mr. Bishop Burnett for defaming the Commissioners of
Circuit ; second, whether I had any interview with his Excel-
Records of the Cape Colony, 469
lency the Governor, or the chief secretary to the government,
previous to my receipt of the letter before mentioned ; and,
thirdly, whether I admit or deny having repeatedly declared,
during the course of the prosecution, that had my advice been
followed it would long since have been abandoned as wholly
unwarranted by the laws ; and, in compliance with your
desire, I have the honour to reply to the first question, that
independent of all other reasons which may have induced me
to lay before the Court of Justice the direct information which
I received from the colonial secretary, it has been always
customary in cases where the prosecution has originated in an
official information, or order received from government, to
exhibit such information or order to the Court of Justice.
I take this opportunity to observe, that in my prosecution
I did not strictly follow the wording of the letter ; for that I
have prosecuted Mr. Bishop Burnett for Uhd^ knowing that
the defamation which is committed by writing, or the injuria
scripta of the Boman law, often is comprised in the general
signification of the term libd, as in the inscription of the title
of the Boman pandects, De Injuriia et famosis lAbellis.
To your second question I have the honour to reply> that
I cannot bring to my recollection any interview which, previous
to my receipt of the letter before mentioned, I should have
had on the subject thereof, with his Excellency the Governor^
or the chief secretary to government ; and to your third
question, I must beg leave to reply in the negative. The
reason which prevented me to rejoin to the allegations of Mr.
Burnett's defence is obvious ; because, according to the Crown
Trial Process, Articles 48, 58, & 60, after the defence of the
accused persons, the proceedings are immediately closed.
Perhaps I might have obtained the Court's permission to
rejoin ; but as I thought my character too well estabUshed in
the Court to require my personal defence against the imputation
of duplicity, laid to my charge by a person under trial for
defamation, I did not even make an application to the Comt
for such permission. I have &c.
(Signed) D. Dbnyssen.
470 Records of the Cape Colony.
[Office Copy.]
Letter from R. W. Hay, Esqrb., to T. P. Cotjbtbnay, Esqrb.
Downing Stbeet, 23rd November 1825.
Sir, — Having laid before the Earl Bathurst yoiir letter of
the 2l8t instant, I am directed by his Lordship to acquaint you
in reply that it is indispensably necessary that all the printing
materials which you have been directed to provide for the Cape
Government should be sent out together and with the least
possible delay ; and with respect to those articles which cannot
possibly be sent with the supply, you will send a detailed List
of them to the Colonial Government, and specify the time at
which you shall have reason to expect that it will be in your
power to forward them ; and you will acquaint his Lordship
from time to time with the progress of the arrangements which
you shall make for the execution of this service. I am &c.
(Signed) R. W. Hay.
[Office Copy.]
Letter from R. W. Hay, Esqrb., to Me. Thomas Skin.
DowNiNQ Stbeet, 23 November 1825.
Sir, — I have to acknowledge the receipt of your letter of the
17th instant and to acquaint you in reply that there are no
means at the disposal of this office by which parcels might be
forwarded to the Settlers at the Cape of Good Hope. I am &c.
(Signed) R. W. Hay.
[Original.]
Letter from the Secretary to Government to R. Wilmot
HoRTON, Esqrb.
Cafe of Good Hope, 2Zrd November 1825.
My dear Sir, — I regret to be obUged to trouble Lord
Bathurst with the accompanying correspondence that has
Records of the Cape Colony. 471
taken place between the Commissioners of Enquiry and
myself.
It has been a very mipleasant one to me, but was entirely
forced npon me, and I most heartily concurred with them
when they expressed an earnest wish that it should close.
I do not think they have behaved fairly or candidly to me,
but as they have themselves requested it should be dropped,
I only submit it to Earl Bathurst under 'the idea that Dr.
Barry may make a remonstrance to His Lordship on his
recent removal from the office of Colonial Medical Inspector.
Since my arrival in this Colony I have acted more like a
colleague than anything else to the Commissioners of Enquiry.
I was well aware of the necessity of reform here, and entered
heartily into all their duties, and gave them every information
and explanation in my power, and they were equally cordial
though not quite so confidential with me, but Dr. Barry has
exercised an influence over both of them, which is but too
visible in the accompanying correspondence, and which is
regretted by all the best friends and well wishers of the
Commissioners.
I am about to draw up a statement of the motives which
induced me to remonstrate against Dr. Barry's conduct, and
to reconmiend to Lord Charles the re-establishment of the
Supreme Medical Committee, for Earl Bathurst's information,
and I can assure you that the re-estabUshment of the Medical
Committee has been one of the most popular acts that have
been adopted since my arrival in the Colony. I have &o.
(Signed) Bichd. Plaskbt.
[Copy.]
Letter from the Jvdge of the Vice Admiralty Court to the Secretary
to Oovernment.
Cape Town, November 2ith 1825.
Sm, — In reference to your letter of the 23rd Instant I beg to
communicate to His Excellency the Governor the following
opinions :
472 Records of the Cape Colony,
The Court of Vice Admiralty has Jurisdiction over all Civil
Offences committed afloat ; but no Commission of Piracy
existing in this Colony, all Criminal Offences so committed
ought to be tried by Commissioners of Oyer and Terminer at
the Admiralty Sessions held at the Old Bailey twice a year ;
and mutineers are invariably sent home to be tried at such
Sessions.
The Local Tribuhals have no exclusive Jurisdiction over any
offences committed afloat ; but in all seizures made by the
Officers of Customs, the Principal Colonial Court hath a Con-
current Jurisdiction with the Vice Admiralty Court. His
Majesty's Fiscals however have invariably usurped a Right of
Prevention in such cases, to the exclusion of the Vice Admiralty
Court, under the 5th article of the Instructions for the Col-
lector of His Majesty's Customs, dated February 18, 1808,
and the Court of Justice has continued to exercise a pretended
right to exclusive jurisdiction founded on the 60th Article of
the Dutch Provisional Instructions to that Court. But this
Point, so long disputed, was finally settled by Earl Bathurst's
Letter addressed to His Excellency under date 18th September
1821. Ihave&c.
(Signed) Geo. Kekewich.
[Copy.]
Letter from the Keceiver-Genebal to Sir Richard Plaskbt,
Beceiveb Genebal's Office, 2Uh November 1825.
Sir, — In answer to your letter of the 21st instant, I have the
honour to state for the information of his Excellency the
Governor, that the sum of 2,000 Rds. advanced from the
treasury on the 10th of July 1821 for the repair of the wharf,
was the first issue made from the treasury without a regular
warrant, since my appointment as receiver-general, viz. the
9th of April 1819. I have &c.
(Signed) J. W. Stoll, Receiver General.
Records of the Cape Colony, 473
[Copy.]
Letter from Lord Chaklbs Somerset to the Commissioners
OP Enquiry.
GovEBNMENT HousB, Cafe Town, NovenJber 2&th, 1826.
GsKTiiEMEN, — I have the honour to acknowledge the receipt
of your letter of the 28th ultimo, transmitting to me an extract
from interrogatories proposed by you to, and replies from
lieutenant-Colonel Bird, dated Cape Town, 21st April 1825,
and to express to you my best thanks for the commimication.
I certainly perused with some degree of surprise Lieutenant-
Colonel Bird's reply to the 26th interrogatory ; " Whether it
had been customary to make advances on account, during
the progress of public works, and before the accounts could be
made out and audited ? "
As Lieutenant-Colonel Bird asserts that he cannot state when
the practice (pernicious and illegal as he terms it) first began,
I called upon the receiver-general (having a strong persuasion
that it did not originate with me) to state if any sums, and
what sums, and under what authority, had been issued in that
manner, previous to my return from England on the 30th
November 1821, and also to state when the first issue of that
nature was made.
By a reference to the enclosures, you will perceive that
various issues to the amount of nearly 30,000 Rds. were made
previous to my return here by Lieutenant-Colonel Bird^s own
order y and that the system entirely originated with him during
my absence from the government.
I now beg leave to add, that I never authorized the issue of
any sum without a regular warrant, except for two particular
services ; the one was in consequence of having discovered
by chance that a tradesman in Cape Town (Durham), who
was the contractor for rebuilding Newlands, and who was
making good his contract at Newlands, was charging ten per
cent upon the amount of the wages of artificers and labourers
employed under the inspector of buildings on account of govern-
mentf in repairing the outbuildings at Newlands, which were in
a state of extreme dilapidation. I was indignant at this, con-
474 Records of the Cape Colony.
sidering it little better than a fraud upon government, and was
informed that the men would not work unless paid monthly (as
Durham's men were), and that government paymjents being
only made quarterly, that mode had been adopted in conse-
quence of Mr. Durham offering to advance the money every
month when he paid his own men. I may here remark, that
an arrangement of this kind might as well have been ascer-
tained by the colonial secretary. I was however by no means
satisfied, and would not sanction such a proceeding, when it was
suggested to me that it might be obviated if I would adopt
the same plan as had been followed at Colonel Bird's suggestion,
when the wharf was repaired under the same inspector of
buildings, of authorizing the receiver-general to issue a sum
sufficient to cover the monthly wages of workmen employed
under the inspector. I therefore directed my household aide-
de-camp (Captain Hare) to write the letter of, which the
enclosure. No. 5, is a copy.
The other instance was in the repairs of the roads and
nineteen bridges in the vicinity of the cantonment of Wynberg,
after they had been destroyed by the violent winter of 1822.
This was effected by military labourers, and it was hoped at
first that the tolls of the main road would be equal to the
expenditure ; but so much damage had been done everywhere
that the tolls were exceeded, and the landdrost, who had the
charge and superintendence of the road, proposed to me that
the same plan as was adopted in the repairs of the wharf should
be again followed, as the most convenient manner of providing
for the monthly pay of the labourers.
Upon no other occasion, nor for any other service, have I
ever authorized the issue of any sum without a regular warrant ;
and it certainly does appear rather remarkable that Lieutenant-
Colonel Bird should warn the receiver-general of the danger he
was exposed to by complying with a system created entirely
by himself, and that he should characterize a practice origi-
nating with him by the epithets he has applied to it ; and still
more so, that he should go so far as to assert that the fear of
being turned out of office by me alone prevented the receiver-
general from prbtesting against such an arrangement. I will
boldly appeal to every officer under this government, whether
any part of my conduct ever justified such an imputation.
Records of the Cape Colony. 475
It appears also somewhat extraordinary that the colonial
secretary should frequently express his disapprobation of a
government measure to a subordinate officer of the government,
and be totally silent on the subject to the Grovemor.
With regard to the repairs of the cottage in the government
garden, which is in every respect an appendage to the govern-
ment house, and was always by my predecessors appropriated
to the occupation of their personal staff, I consulted Lieutenant-
Colonel Bird on the expediency of repairing it, or letting it fall
down ; and I can positively say, that he recommended its repair
as an appendage to the government house, and that he took
much interest in the progress of the repair ; in elucidation of
which, I particularly remember his showing me, and expressing
his approbation of, some shingles which the inspector of build-
ings had had prepared out of some of the old timber from the
wharf, and Colonel Bird recommended it for the covering of
the roof of the cottage, and it was accordingly adopted.
One of the principal reasons that induced me to decide on
repairing the cottage, was its immediate contiguity to the
public offices, and that should our estabUshment increase, it
would be the only building that could be available to augment
the accommodation for public offices ; and since the estabUsh-
ment of a coimcil, it has been appropriated for a coimcil room
and coimcil office, and has saved the rent of a house for that
purpose, infinitely larger than the amount of the interest of
the money laid out upon the repairs of it.
Relative to the subject on which lieutenant-Colonel Bird
imputes great irritation to me, I must deny any irritation on
my part, or of the cause to which he attributes the irritation
he asserts. I expressed my disapprobation certainly ; but it
was because he had taken the Uberty of using my name without
my knowledge, a liberty I think no circumstance c€tn warrant.
I have now only to add, that the emplojrment of Mr. W.
O. Jones did not originate with me. When I returned from
England I found him superintending the repairs of the wharf,
and doing the duty of inspector of government buildings, the
inspector having had a long leave of absence from the acting
Governor. Lieutenant-Colonel Bird informed me, that Mr.
W. O. Jones brought out a letter from Mr. Goulbum, under
date 10th January 1820, recommending him for employment
476 * Records of the Cape Colony,
here, and it was in consequence of such recommendation of him
that I confirmed him in the appointment of inspector of
government buildings on the resignation of Mr. Melville.
I forbear to make any comment upon the tone assumed
by lieutenant-Colonel Bird, having, as I conceive, sufficiently
exposed the fallacy of his statement, as far as regards my
motives and conduct in the pubUc service. I have &c.
(Signed) Charles Henry Somerset.
[Office Copy.]
Letter from R. W. Hay, Esqre., to Lord Charles Somerset.
DowKiNQ Stbbet, London, 25th November 1826.
My Lord, — ^During my absence from London on the 14th
instant Mr. Wilmot Horton had occasion to see Mr. WiUiam
Greig the brother of the Printer at the Cape, upon the subject
of the application which has recently been received from that
Individual.
On the 23rd instant Mr. Wilmot Horton received from Mr.
Greig a letter of which a copy is enclosed, purporting to be a
record of what passed in the conversation on the 14th instant ;
and as it is not impossible that the misrepresentations contained
in that letter may have been already reported to Mr. Greig the
Printer, I have, in the absence of Lord Bathurst considered it
advisable to transmit to your I/jrdship a copy of a letter
which Mr. Wilmot Horton has addressed to Mr. WilUam Greig
in order to rectify those misrepresentations.
I take this opportunity also to transmit for your Lordship's
information a copy of some correspondence which has just
passed between this office and Mr. Bishop Burnett.
I have &c.
(Signed) R. W. Hay.
Records of the Cape Colony. 477
[Original.]
Letter from Lobd Charles Somerset to Earl Bathurst.
Caps of Good Hope, 25 November 1825.
My Lord, — I have the honor to transmit to Your Lordship
Copy of a Proclamation which has been issued and promulgated
by order of Council, relative to the reduction of the duty
formeriy levied upon Articles exposed for Sale by Public
Vendue and bought in by the Parties, and also upon immove-
able property.
I had received a representation on this subject from the
Merchants and on referring their Memorial to the Commissaries
of Vendues it appeared that the duty was in fact nugatory,
that not a shilling had been exacted under it, and that it was
evaded by the practice of putting fixed minimum prices upon
goods exposed for sale (it being customary not to charge duty
when no bidding takes place) and withdrawing them if not
purchased at that price or at a higher one.
This practice is statqd to have very prejudicial effects on
the PubUc Sales, and consequently on the Government Revenue,
as it led to priVate bargains (after they have tried the value
by pubUc Sale) on which no duty is levied.
I therefore submitted to Council the whole of the correspon-
dence, and the above Proclamation or Ordinance was issued
accordingly ; and I have no doubt the arrangement will be
attended by an encreased receipt in that Branch of Revenue.
I have, &c.
(Signed) Charles Henry Somerset.
[Copy.]
Letter from the Commissioners of Enquiry to Lord Charles
Somerset.
Cape Town, 25 November^ IS25.
My Lord, — ^We have the honor to request that Your Lordship
will be pleased to give orders that we may be furnished with a
copy, or copies of any despatches addressed by Sir Rufane
478 Records of the Cape Colony.
Donkin or by Your Lordship to His Majesty's Secretary of
State for the Colonies relative to the change that was effected
in the constitution of the Supreme Medical authority in this
Colony by the Government Advertisement of 21 September
1821, and to the qualifications of Dr. James Barry to fill the
Situation of Colonial Medical Inspector. We have &c.
(Signed) John Thomas Bioge,
William M. G. Colebrooke.
[Copy.]
Letter from Lord Charles Somerset to the Commissioners
OF Enquiry.
Newlands, 2&th November 1825.
Gentlemen, — In reply to your letter of this day's date I
have the honor to transmit for your information, copy of a
letter from Sir Bufane Donkin, the Acting Grovemor of this
Colony, under date 20th September 1821, reporting to Earl
Bathurst the extinction of the Supreme Medical Committee as
nominated by Proclamation of the 24th April 1807, and the
appointment by Government Advertisement of 21st September
1821 of a Colonial Medical Inspector, performing the duties of
that Committee.
It does not appear from the Records of this Office that any
notice was taken by Earl Bathurst of this communication.
I have further to state to you that I am not aware of having
written any Despatch to Earl Bathurst on the subject of
Dr. Barry's qualifications to fill the Situation of Colonial Medical
Inspector, but I have at all times, and to no one perhaps more
strongly than to yourselves, expressed a high opinion of his
Professional Talents. I have &c.
(Signed) Charles Henry Somerset.
Records of the Cape Colony. 4tI9
[Office Copy.]
Letter from R. Wilmot Horton. Esqbe., to Mb. William
Gbeio.
DowKiNO Stkebt, 25^^ November 1825.
Sir, — Your letter, dated the 19th instant, appears not to
have been received here until five o'clock in the evening of
the 23rd ; and it came in the usual course of business into my
hands yesterday.
When you left me after the interview which you had with
me on the 14th instant, I told you that I would not be answer-
able for any thing that occurred in conversation, imless it were
recorded in writing ; and I expected that you would have sent
me a record of that conversation, if at all, immediately. I am
enabled, however, to state with certainty the observations
which I made on that occasion ; and I proceed to correct the
various inaccuracies which I find in your representation of
what was said by me.
In the first place, with respect to the late directions which
had been given to Lord Charles Somerset, I only stated, that
prior to your interview with me, instructions had been given
to Lord Charles Somerset to restore the printing presses,
materials, &c. to Mr. George Greig.
Secondly, you state that you remarked, that an official
order on that subject having been once disobeyed by Lord
Charles Somerset, you could place no reliance that he would
not act in the same maimer again. To that remark I answered,
that at the time when the former instructions had been given
to Lord Charles Somerset, Lord Bathurst had not been officially
apprized that the printing presses had been sold ; and I
referred you to my former answer, that fresh instructions had
been given on the subject.
Thirdly, with respect to the question whether you should
send out printing materials to your brother, I told you that
His Majesty's Government did not intend to send out any
printing materials to him ; and I again referred to the instruc*
tions which had been given to Lord Charles Somerset.
Fourthly, with respect to compensation for inconvenience
asserted to have been lately sustained by Mr. Greig, a most
480 Records of the Cape Colony,
inexplicable misconception appears to have arisen in your
mind. It is perfectly true that I said that it would be pre-
mature now to enter at all on the subject of any losses which
Mr. Greig might or might not have sustained with respect to his
printing presses, inasmuch as nothing specific or definitive was
known here upon that point ; biit that whenever Mr. Greig
preferred any complaint upon that or any other subject to
Lord Bathurst, it would be for his Lordship to give or to
withhold the redress required, as he in his discretion might
think fit ; but I beg to assert that I never held out the slightest
promise with respect to remuneration, for the reasons already
assigned. I remain &c.
(Signed) R. W. Horton.
[Office Copy.]
Letter from R. W. Hay, Esqre., to Mr. Bishop Burnett.
DowNiNQ Stbbet, 2Uh November 1825.
Sir, — ^I have laid before Earl Bathurst your letter of the
19th Inst.
In answer to your enquiry whether any report has been
received from H. M. Commissioners of Enquiry at the Cape
respecting your case, I am directed to acquaint you that no
such Report has been received.
The Commissioners have informed Earl Bathurst that in
pursuance of the Instructions which have been conveyed to
them to report on your case, they wiU lose no time in doing so,
but adverting to the surprise which you expressed in a com-
munication to Mr. Horton under date of the 28th of March last
that the Commissioners had omitted to report on that part of
your case which you had submitted to them at Graham's Town,
these Gentlemen have at the same time acquainted his Lordship
that no expectation was held out by them to you that any
special communication would be made to his Lordship respect-
ing^ your case, and that you were on the contrary distinctly
informed that their enquiries were restricted to the general
objects which your information might tend to elucidate.
. With regard to the charges of corrupt administration which
^ Beeords rf Ike Ckpt Cdmof. 481
yon have to addaoe against Lovd Chaiks Someiaet. Ead
Bathurst has directed me to aoqfoaiiit yoo that if joa will
transmit Copies of those dhaiges to his Lordsh^ he will then
be better able to judge how far the paitieidar diciiiBstaiioes to
which they have lefeience, and whidi yon allege can only
be substantiated by your presence at the Gape, are of sudi a
description as to- justify lus Lordship in depaiting bom the
decision which has abeady been couTeyed to you in respect
to your application for leave to return to that Oolony. lam&c.
R. W. Hay.
[Copy.]
Letter from Lobd Chables Sombbsbt to Commodobb Christian.
Cafe or Good Hofk, 26flk November 1825.
Sir, — I have the honor to acknowledge the receipt of your
letter of the 19th Instant, with its Inclosures relative to some
articled Servants of Mr. Ingram who had entered on board
H.M. Ship Leven.
Captain Owen having previously to his departure placed
these men into the hands of the Civil Power, they have been
proceeded against, on the desire of Mr. Ingram, before the
competent Tribunals, and the Court has decided that they
should be punished according to the annexed Copy of their
Sentence. ,
The Men however have appealed and the question must of
course remain at issue until such appeal be decided.
His Excellency is not aware that the cases of any of these
men are of that nature as to make them cognizable before a
Vice Admiralty Jurisdiction, but should that be the case, and
should they wish any Proceedings to be adopted against Mr.
Ingram for any offence committed under that Jurisdiction,
there is a Court of Vice Admiralty established here which will
of course take cognizance of any complaints which may come
within its jurisdiction, and application should in such case be
made by the Parties to the King's Proctor. I have Ac.
(Signed) C. H. Somerset.
xxiu. 2 I
482 Records of the Cape Colony.
[Copy.]
Letter from the Commissioners of Enquiry to the Secretary to
Oovernmsnt,
Cape Town, November 26, 1826.
Sir, — ^We have the honor to enclose to you certain Inter-
rogatories to which we request your attention and answers,
relative to the grounds lipon which an alteration has been
recently made by the Executive Authority of this Grovemment
in the constitution of the Office of Medical Inspector estabUshed
under the authority of the Proclamation of 26th September'
1823. We have affixed a number to each question, and have
endeavoured to keep the subjects of each as distinct as possible.
At the same time we request that in transmitting your answers,
you would give any latitude to them that may afford us the
benefit of your observations, even upon subjects that the ques-
tions do not strictly embrace. We have &c.
(Signed) John Thomas Biggb,
WrLMAM M. G. COLEBBOOKE.
Interrogatories proposed by the Commissioners of Inquiry
to the Honorable Sir Richard Flasket, Knight, Chief Secretary
to Government.
Cape Town, Nov, 26, 1825.
1. Have any Representations or Memorials been addressed
to His Excellency the Governor, and are they now of record in
the. Colonial Office, complaining of the manner in which the
duties and authority of Medical Inspector have been exercised
by Dr. Barry ? exception being made of the letter of the
Landdrost of the Cape District, complaining of his interference
in the Prison at Rondebosch, of the letter of the Fiscal, in which
he complains of the observations contained in the letter ad-
dressed by Dr. Barry to the Chief Secretary to Government,
dated 25th August, 1825, and a Memorial of certain Merchants
and Importers of Medicine on the restrictions imposed on the
Male of it by the Proclamation of 1823 and the extensive power
tmd discretion imparted by it to the Medical Inspector.
2. Do any similar Memorials and Representations exist in
Buxrds of the Cape Colony. 483
the KecoTds of the Colonial Office complaining of the manner
in which Dr. Hnssey and Dr. Bobb performed the dnties of
sole Medical Inspector after they had virtually and directly
become vested in them by the death of Dr. Biccard in the year
1817?
3. Has any similar Memorial or Representation been ad-
dressed to the CSolonial Grovemment except in the case of Mr.
CSarolns liesching complaining of Dr. Barry's nnjnst rejection
of the Claims submitted to him by applicants for admission to
Practioe ; of nnbecoming treatment of the Parties that came
before him upon these occasions, or of the nndne exercise of the
Authority that was conferred upon him by the 5th, 6th and
8th Articles of the Proclamation dated 26th September, 1823 ?
4. Does it appear to you that the objectionable nature of the
Authority that was vested in the Colonial Medical Inspector
by the Proclamation of the year 1823, or the Government
Advertisement of September, 1821, was removed or modified
by the Practice as explained by Dr. Barry in his letter dated
24th May 1824, and in conformity to which it is stated to the
Commissioners that he has continued to act ?
5. Are you enabled to state the nature of the circumstance
that led to the Order addressed to Dr. Barry on the 30th April,
1824, requiring him to make occasional visits to the Tronk and
Somerset Hospital, and to report his observations to the
Government ?
6. Have you had any and what reason in your Official and
Personal intercourse with Dr. Barry, to complain of the
manner in whidi his Communications to you have been deli-
vered, or of his Deportment as a CSvil servant and Head of a
Department !
7. Be so good as to state the nature of the '' drcumstances "
alluded to in your letter to Dr. Barry of the 4th October, as
having impressed upon His Excellency the Governor the im-
propriety of any one Individual being entrusted with the sole
management and control of the Ccdonial Medical Department.
8. Were these circumstances submitted to the consideration
of the Council previous to or upon His Excellency the Governor's
consultaticm with them on the 28th October !
9. It would appear by the tenor of the letter dated 4th
October that His Excellency felt it necessary to ^' propose to
o I o
484 Records of the Cape Colony.
Coiincfl ** that the Duties of the Medical Department should
thenceforth be carried on by a Committee, and by another
letter of the date of 15th October addressed to the late Medical
Inspector it would further appear that His Excellency resolved
that the whole of the Correspondence was to be submitted to
the Council for their consideration and " decision." Can you
state the reasons by which His Excellency was ultimately
guided in taking the opinion and advice only of the Council
upon the change that he was about to make in the constitution
of the Supreme Medical Establishment as a measure that he
considered to be within the competence of his Executive
Authority ?
10. It would appear that after the receipt of the letter from
the late Medical Inspector, dated the 23rd August, and con-
taining a reflection upon the motives of the Fiscal in proposing
to transfer Aaron Smith from the Gaol to the Hospital, the
former Officer was ordered in a letter dated 12th September,
to make another Report upon the condition of this Man. Had
any Official warning or intimation been given to the Medical
Inspector between or previous to those periods conveying to
him the displeasure of His Excellency the Governor at the
style of his Official communications, and warning him to dis-
continue it ?
11. Has any other embarrassment arisen from the terms in
which the official Communications of the late Medical Inspector
have been made, and of " the imputations that have unsparingly
and imreservedly been cast by him upon Officers of this
Government," than what has arisen from making the com-
munication to His Majesty's Fiscal of the reflections that were
cast upon him by the late Medical Inspector in his letter of the
23rd August «
12. Did you inform the late Medical Inspector (when you
observed to him that if he persevered in the strain of corre-
spondence that he adopted with regard to the Fiscal, the con-
sequence must be that a Committee would be appointed, that
he would become a subordinate Member of such a Committee,
and that his Salary of 2400 Bixdollars would be taken away ?
13. It would appear from the last remark with which the
Commissioners of Inquiry have been honored by the Council,
that the letter of the late Medical Inspector dated 29th October
Records of the Cape Colony. 485
informing His Excellency the Governor that he declined a
subordinate situation in the new Medical Board, did not form
a part of the Documents that were submitted to the Coimcil ;
will you be so good as to state whether the nature of the
objection made by the Medical Inspector in that letter was
communicated in any other shape to the Council before they
agreed to advise His Excellency the Governor to change the
constitution of the Medical Authority by taking it out of the
hands of the late Medical Inspector, and placing it in those of
a Committee ?
14. Has it been determined by His Excellency the Grovemor
to continue to the President of the new Medical Board the
salary that was enjoyed by the late Medical Inspector, or is
the Salary abolished together with the Office ?
16. WiU you state the Rule by which the precedence of
Medical Officers has been regulated in the Board that has been
established, and which would have precluded Dr. Barry from
being the President ?
16. Has the Colonial Government any reason to doubt the
truth of the representations that have been made by the late
Medical Inspector respecting the state of the Town Gaol, the
cruel treatment of the Prisoners, both in and out of it, by the
Dienaars ; and the state of the Somerset Hospital ?
[Copy.]
Letter from Lord Charles Somerset to CoMMODOir^is.
Christian.
Cape of Good Hops, 21th November 1825.
Sir, — I have the honor to acknowledge the receipt of your
letter of the 19th Instant on the subject of the competency of
the local Tribunals of this Colony to take cognizance of criminal
offences committed on the high Seas.
Upon this question I have the honor to inform you that in
consequence of there being no Piracy Commission here, and
the jurisdiction of the Vice Admiralty Court being Umited to
Civil matters, as you will perceive by the annexed Copy of
the opinion of the Judge of that Coini), there is no Tribunal
486 Becords of the Cape Colony.
which strictly speaking can take cognizance of criminal offences
committed on the high Seas.
Under the former administration of this Colony by the
Dutch, the local Tribunals were competent to take cognizance
of all offences, whether Qvil or maritime, and this Custom
has been acted upon in cases where the offence has been
committed within the Harbours of this Colony, and in some
instances even where the offence has been committed on the
High Seas, but I am clearly of opinion that though sanctioned
by Custom, the Courts have no jurisdiction in such cases, and
it is my intention to submit the question to Earl Bathurst by
the earliest opportunity.
I am not aware of any power invested in you as a Magistrate
afloat, but I should recommend that in any cases arising from
acts committed on the High Seas, reference should be made to
the Vice Admiralty Court, which will decide as to its com-
petency to take cognizance of them here, or to the propriety of
referring them elsewhere. I have &c.
(Signed) C. H. Somerset.
[Copy.]
Letter from the Secretary to Oovernment to the Commissioners of
Enquiry.
Colonial Office, November 27, 1825.
Gentlemen, — I have had the honor to receive your letter
of yesterday's date, enclosing certain Interrogatories to which
you request my attention and answers, relative to the grounds
upon which an alteration has been recently made by the
Executive Authority of this Government in the constitution of
the Office of Medical Inspector established under the authority
of the Proclamation of 26th September, 1823.
As this measure has been submitted to the Advice and
Opinion of His Majesty's Council, and as it was adopted in
pursuance of a Resolution of Council to that effect, I do not
feel myself justified as an Individual Member of Council to
enter into any explanation of the motives or grounds which
Records of the Cape Colony. 487
induced or led to the adoption of that measure, and I would
suggest to you the propriety of applying to His Excellency the
Governor in Council for any information which you may
require on this Head, being perfectly satisfied that His Excel-
lency in Council will be happy to afford you every explanation
and information which may be of advantage to the PubUc
Service.
Independently of this general opinion with reference to my
situation as a Member of Council, it appears, on perusing the
Interrogatories which you have been good enough to draw out,
that I am called upon as Chief Secretary to state to you the
reasons which may have induced His Excellency the Governor
to adopt such and such measures.
As His Excellency is present on the spot, I conceive with all
due deference to your judgment, that it would be better if
such information were demanded from His Excellency himself,
who should be the best judge of the motives which guided Him
on such occasions.
In regard to any advice which I may have given His Excel-
lency as Chief Secretary, relative to the arrangement alluded
to, before it was submitted to Council, such Advice has in my
opinion merged into that which I subsequently gave in Council
as a Member of this Government.
As Chief Secretary to Government I am not responsible to
any Tribunal for Advice that I may give to the Governor, nor
do I cctnceive myself liable to be called upon to explain any
such. I am an Executive Officer of the Governor, bound to
carry his Instructions into effect, or to resign my Office, which
I should do rather than sign my name to any Order that I
thought illegal or highly improper.
Any Advice which I may give to the Governor as Chief
Secretary, and that He may choose to act upon, does not take
from his shoulders, nor place upon mine, the responsibiUty
thereof.
To Earl Bathurst indeed I am responsible for the manner in
which I execute the duties of my Office as Chief Secretary, and
for the soundness of any Advice which I may give to His
Excellency, and he has the Power, and I am sure he would
exercise it, of removing me from my situation were I to act
in a manner either to injure the Public Service or to alter the
488 Becords of the Cape Colony*
opinion which he was kind enough to form of my Public
conduct and Principles when he did me the honor to appoint
me to my present situation. I have &c.
(Signed) Bichd. Plaskbt, Secretary to Government.
P.S. I have only alluded in this letter to the Interrogatories
generally.
[Copy.]
Letter from the Secrdary to Oovernment to the Commissioners of
Enquiry.
November 27, 1825.
My deab Sirs, — In transmitting to you the accompanying
Official Reply to your letter of yesterday's date, I beg leave to
assure you that I do not wish to keep any information from
you, or to screen myself from the fair responsibility I have
incurred in the Advice I have given Lord Charles relative
to the re-establishment of the Medical Committee and the
removal of Dr. Barry.
I am about to draw up a Memorandum of my reasons for
having so done, for Earl Bathurst's information, and I shall be
most happy to give you a Copy of it. I beg to remain &c.
(Signed) Richd. Plasket, Secretary to Government.
[Original.]
Letter from Lord Chables Somerset to Earl Bathtjrst.
Gaps of Good Hops, November 2Sih 1825.
My Lord,^ — I have the honor to transmit to Your Lordship
a Letter I received from His Majesty's Commissioners of
Inquiry covering the Copy of a Reply to an Interrogatory put
by them to Lt. Col. Bird, with my explanation to those Gentle-
men of the circumstances therein contained, and the Enclosures
accompanying that Explanation.
I am induced to take the hberty of forwarding these Papers
to Your Lordship, lest a misrepresentation of the Facts should
Records of the Cape Colony. 489
be made to Your Lordsliip, and also to put Your Lordship in
possession of the feehng by which Lt. Col. Bird is actuated in
any matter that attaches to me. I have &c.
(Signed) Charles Henby Somerset.
[Original.]
letter from the Commissioners of Enquiry to Earl Bathurst.
Cape Town, 2%th November 1826.
My Lord, — ^From the manner in which Lord Charles Somer-
set has communicated to us the substance of Mr. Wilmot
Horton's confidential letter conveying the sanction of your
Lordship to the publication of Mr. Pringle's Journal, we have
not felt ourselves at liberty to make allusion in our report to
any other part of the letter than that which Lord Charles has
officially quoted. It would appear however that other pas-
sages were read to Mr. Pringle by His Lordship, although the
recollection of Mr. Pringle did not enable him to distinguish
between the observations of the letter and the verbal injunc-
tions of Lord Charles Somerset. We have not been favoured
with a copy of the letter to which this was a reply, but we are
led to infer that Lord Charles had recommended a refusal of
the application of Messrs. Faure and Pringle on the ground of
the presumed opinions of these Persons, and from the obser-
vations in the Schedule of Papers, His Excellency appears to
have apprehended that the work might have ultimately been
directed against the civil and political Establishments of the
Colony, and in particular against the Established Church of
England.
Whatever were the grounds on which his Lordship was led
to entertain this opinion, we have not found reason to concur
in it, and we are led to apprehend that the patronage that your
Lordship recommended to Lord Charles to extend to the work
may not have been so freely accorded as to have removed from
the mind of Mr. Pringle an impression that the Colonial Govern-
ment were jealous of the undertaking, an impression which Mr.
Pringle would appear to have conceived, and which the subse-
quent proceedings had tended to confirm.
490 Becards of the Cape Colony.
We cannot omit to observe to your Lordship that about the
period when the proposal of Mr. Pringle was submitted, the
desire of the Pubhc for a new Journal proceeded in a great
degree from the total absence of all interest in the pubhcation
of the Cape Gazette. It had for some time contained but Uttle
information of a general nature in relation either to domestic
or foreign subjects, and excepting for official pubUcations or
commercial advertisements it was scarcely read or referred to
by any class of the Inhabitants. The progress of education had
naturally created a desire for various information, which by
many could not be obtained except by the pubhcation of
another Journal. And we lament to add that after the estab-
lishment of a newspaper by Mr. Greig and a magazine by
Messrs. Faure, Pringle, and Fairbaim, some articles were
inserted in the Cape Gazette of a most objectionable nature, and
which in a paper addressed to us by Mr. Pringle were the
subject of his severe animadversion in commenting upon the
proceedings of the Colonial authorities with regard to himself.
We do not think it necessary at this moment to trouble your
Lordship with any details upon this subject, although we have
considered it important to allude to it in reporting upon the
merits of Mr. Pringle's case, as we think it not improbable that
if he should be eventually disappointed in his views he might
feel inchned to bring the subject before the Pubhc and to
revive a discussion that for the present is happily at rest.
We have &c.
(Signed) John Thomas Biggb,
William M. G. Colebrooke.
[Copy.]
Letter from Mb. William Greig to R. Wilmot Horton, Esqre.
32, City Road, 2Sth November 1826.
Sir, — I am honoured with your communication of the
25th instant ; and in reply thereto beg to state that the delay
you complain of was unavoidable, and to prevent miscon-
struction I endorsed the date of delivery on the envelope.
\
Jtaarnds if Ik CSsgut Cdomg. ^1
I nHBft be dDoved to say that I do not pomTe wliemii ji^Mir
statemeni of wludt passed, at the inteiriew ^tk vhi<li 1 WM
honcNned on die IMh instant, materially differs {itMQii min^i.
except that pait which relates to '* oompeosiatioa ^^ ; and i«i
r^aid to nhidk, aldioo^ I sent yon what I nndertg^tood t«(> W
the spirit, if not the T«y lelfer of your communioatioin^ y<^ 1
am wining to allow that the condnsion I haTe drawn trcoa th^
following liteial report of wiiat passed on the subject cf ^^ c^xiSb^
pensation " (and I am enabled to report that part of our <^aii«
versation fit^aUy) is not ahogeth^ warranted : —
In answiK to the following interrogatory, ""^ As Mr« Ciecffgi^
Greig will suffer an almost irreparable loss, will His Maj^e^ty''!^
Government make him compensation for those loss^ t ^"^ your
reply was as follows : " Mr. Greig, on that subject we eaiiuot
now enter ; if we did, yon must be aware that I should haTe the
advantage of yon, because you cannot know what your broth^'^s
losses may be up to the time that he may be put in possiession
of the presses and types."
Hairing expressed my anxiety to avoid the necessity for agl*
tating the subject in either a legal or public manner (I alluded
to a court of law and the House of Gommons)> I undersitood
your reply was to this effect : " When your brother has ascer-
tained the amount of losses sustained from inability to com-
mence his business as a bookseller and printer, let him make a
statement of the same and forward it to Earl Bathurst^ and I
am sure it will meet with every proper attention*''
The foregoing is a correct literal report of what passed on the
subject of compensation ; and if it will meet with your desire,
I will withdraw my letter of 19th instant, and forward another,
a literal transcript of this, so far as regards the paragraph on
the subject of compensation.
Permit me to say that I intend this to be considered a
private communication ; and the offer above made I do not
consider, in the smallest degree, as compromising my honour
or veracity ; with this understanding I am ready to receive an
official communication that will meet the case as herein
detailed.
Perhaps you will honour me with an interview previous to
your answering this. I have &c.
(Signed) William Gbbig.
492 Records of the Cape Colony*
[Copy.]
Letter from the Commissioners of Enquiry to the Secretary to
Government.
Cape Town, November 29, 1826.
SxB, — We have had the honor to receive your letter of the
27th Instant, in which, for the reasons therein stated, you
decline to afford us any answer or explanation upon the ques-
tions that we had the honor to submit to you, and which were
framed with a view to acquire information of the grounds upon
which the Powers confided to the Governor by His Commission
and Instructions, and that which has been attributed to the
Council by a more recent Authority, have been exercised in
effecting a change in the constitution of one of the Colonial
Estabhshments .
In frammg these Questions it certainly was never intended
by us to address them to you in any other character than that
of an irresponsible servant of the Executive Government, who,
from the high Station that he filled, must necessarily be ac-
quainted with the reasons and facts that he has submitted to
the Governor (especially when they are stated as the Grounds
upon which the Grovemor has acted) with the nature of the
Documents that are deposited in the Colonial Ofl&ce, and with
the Official Declarations and Decisions that are given upon
Questions of an Executive nature.
Our object was simply to ascertain the facts upon which an
Act of Executive Authority has been performed by the Grovemor,
and upon which the advice of the Council was taken. This
Inquiry might furnish us with reasons sufficient to induce His
Majesty's Government hereafter to modify the exercise of the
Authority that it has conferred ; or to extend the control by
which that Authority is to be checked ; but acting in con-
formity to our Instructions, we could have no view to fix
responsibility upon yourself, or any of the Persons concerned.
The addition of the Legislative character that has recently
been conferred upon you has indeed led us to. reflect upon the
inconvenience that may arise from a combination of it with the
Executive Character of Chief Secretary to the Government ;
but we were not led to apprehend, nor do we now think, that
JReeords of the Cape Colony. 493
our Questions exceeded the strictly Official Duties that belong
to that situation, and within which we presume that our
Inquiries must be allowed to range, (as they have already
done) if they are to be attended with any beneficial consequence
to the Government.
It is probable that some part of the information that we
requested will be communicated to us by His Excellency the
Governor, after we have given a new shape to our request ;
and to whom we shall think it necessary to explain the reasons
for troubling him with it.
We, therefore, do not think it necessary on this occasion to
enter with you upon the consideration of the Principle upon
which you appear to justify your refusal to afford us information
upon this Branch of our Inquiry ; but we must beg to be
understood, as in no wise admitting that principle, but on the
contrary, as considering the application of it in this instance
as subversive of the views in which our Commission originated,
as well as of the objects to which it has been directed ; as
opposed to the Supreme Authority from which it emanated,
and to the obedience that it directly enjoins upon all the
Servants of the Crown. We have &c.
(Signed) John Thomas Biggb,
William M. G. Colebbookb. '
[Office Copy.]
LeUer from Easl Bathubst to Lobd Chables Sombbset.
DowNiNO Street, London, 20th November 1825.
My Lobd, — With reference to my dispatch of the 6th ultimo,
I have the honor to acquaint your Excellency that I have
appointed Lieutenant Bance to fill the situation of Captain of
the Port at the Cape of Good Hope, with a Salary of Three
hundred Pounds per annum, payable from the date of his
arrival in the Colony. I have &c.
(Signed) Bathubst.
494 Becords of the Cape Colony.
[Office Copy.]
Letter from R. W. Hay, Esqbb., to Loed Chablbs Someeset.
Downing Street, London, 30th November 1825.
My Loed, — I am directed by Earl Bathurst to introduce to
your Lordship's notice and protection Captain Mainwaring of
the Royal Artillery who will have the honor to deliver this
letter to your Lorckhip.
As this Officer proceeds to the Cape of Good Hope on Military
duty, and will probably be stationed there for some time.
Lord Bathurst will be glad if your Lordship has any opportunity
of shewing him any civihty. I have &c.
(Signed) R. W. Hay.
[Copy.]
Letter from the Commiasionera of Enquiry to the Secretary to
Oovemment.
Gbaave Street, November 30, 1826.
My deae Sie, — In answer to your Private communication
of the 27th inst. in which you are so good as to say that you
will submit to us a Memorandum that you are preparing for
Lord Bathurst on the subject of the change that has been
made in the Medical Department, we beg to state that as we
are not aware of the grounds upon which you may have been
induced to address this Memorandum to His Lordship, and as
we would not consent to receive it as private information
when we conceive we are entitled to obtain it in another and
more specific shape, we must beg leave to decline the com-
munication that you are good enough to offer, at the same
time we would add that we shall be ready to receive it as a
PubUc Document, submitted by you to the consideration of
Lord Bathurst, without prejudice to the right of Inquiry that
we have claimed, and which, in justice to the Public Interests,
we cannot consent to waive. We beg &c.
(Signed) John Thomas Biggb,
William M. 6. Colebeooke.
Records of the Cape Colony, 496
[Qrigiiial.]
Letter from Majob GENEBAii Boubke to Eabl Bathubst.
His Majisstt's Ship RaMbow^
Sftthsad, November ZOth 1825.
My Lobd, — ^I have the honor to inform Your Lordship that
I have embarked this day to proceed to my destination at the
Cape of Grood Hope. I have &c.
(Signed) Richd. Boubke, M. General.
[Original.]
Letter from Mb. Dttdlby M. Pbbceval to R. W. Hay, Esqbb.
My deab Sib, — ^I am happy to inform you that we arrived
in Table Bay on Sunday the 6th of November after a very
favourable passage. I delivered the despatches to Lord
Charles Somerset that evening, and took the oaths of office at
the Council on Monday morning.
His Excellency has been pleased to allow me for the present
to take possession of the vacant apartments of the House in
which the Council Room and Office are situated. But I
understand it is in contemplation shortly to convert the whole
building into additional offices for the Colonial Secretary's
department. I therefore take the liberty to recall to your
recollection the conversation I had with you on the subject
of an allowance for House-Rent.
I understand that it is probable that His Excellency will
find it expedient to recommend the appointment of a clerk to
assist me in the more laborious part of the duties of my office,
as the mass of papers to be entered is sometimes very con-
siderable, and is likely to increase. In that case, I need not
remind you of Mr. Nichol's claim to the situation ; but would
remark that his conduct during the voyage has been such as to
encrease the good opinion I had previously formed of his
character.
May I beg of you to present my compUments and best
496 Records of the Cape Colony.
acknowledgements to Lord Bathurst, and to assure Lady
Bathurst, with many thanks for the letters which have procured
me the best reception here, that I wiU not be unmindful of her
Ladyship's kind request to hear from me from the Cape.
I remain &c.
(Signed) Dudley M. Pbbceval.
P.S. Will you give my best compliments and remembrances
to Mr. Wilmot Horton and Mr. James Stephen.
[Original.]
LeUer from Mb. R. H. Adcock to R. W.. Horton, Esqre.
21 Old Comfton Stbbbt» Soho» Z(Hh November 1825.
Hon'blb Sib, — ^My Brother Christopher Adcock went to the
Cape of Grood Hope in 1819, but his first intentions not suc-
ceeding, he was driven to try his trade of a tallow chandler,
and his conduct gaining him the approbation of the Officers
and Authorities of the district in which he was located, he was
induced to memorialize Lord Charles Somerset for his recom-
mendation to Earl Bathurst for his Majesty's Government to
provide conveyance for any utensils his friends in England
might send him. This his Lordship was kind enough to accede
(as you will find by the inclosed documents), but at that time
we had not the means to second the liberality of his Lordship,
and I heard nothing further untill this month when my Brother
informs me he is still in great difficulties for want of utensils,
and could supply the Colony (in and near Graham's Town)
with the necessary articles candles if his friends could assist
him. They are wiUing to subscribe for that purpose, to pur-
chase articles according to the enclosed Ust, and humbly pray
his Majesty's Government to forward such things as originally
granted by Earl Bathurst ; and it will confer a lasting obliga-
tion on them and your humble devoted servant.
(Signed) R. H. Adcock.
Records of the Cape Colony. 497
[Office Copy.]
Letter from Earl Bathurst to Lord Charles Somerset.
Downing Street, London, \8t December 1825.
My Lord, — It having been pointed out to me that the
appointment of a person to perform the exclusive duties of a
Superintendent of PoKce at the Cape of Good Hope (which
duties have hitherto been discharged by the Advocate Fiscal)
would be productive of very beneficial results to the Colony,
I have thought proper to appoint Mr. Charles de Lorentz to fill
this situation with a Salary of Seven Hundred Pounds SterKng
per annum, to be provided for out of the Colonial Revenues,
his appointment to commence from the date of his embarkation.
I have not considered it necessary to furnish Mr. de Lorentz,
who will have the honor to deliver this despatch, with any
specific Instructions on the subject of the duties^ which he
will have to perform ; but as I understand that the Commis-
sioners of Enquiry have given their attention to this subject,
and that they are in fact prepared to suggest what measures it
may be proper to adopt in order to give effect to this arrange- '
ment, it will be proper that your Excellency should apply to'
them for any suggestions which they may feel desirous of offer-
ing to you for the regulation of the Department of Police.
■
I have &c.
( Signed ) Bathurst .
[Original.]
Letter from Lord Charles Somerset to Earl Bathurst.
Cape of Good Hope, let December 1825.
My Lord, — I have the honor to transmit to Your Lordship
a Correspondence which has taken place between the Com-
modore commanding His Majesty's Ships and Vessels on this
Station and myself, relative to the competence of the local
Tribunals to try offences, committed on the High Seas and
within the Ports and Harbours of this Colony.
xxnr 2 k
498 Records of the Cape Colony,
The great difficulty which we labour under in this respect is
in the want of a Piracy Commission, which, although alluded
to in the Bang's Instructions on my appointment as Governor
of this Colony, has never been transmitted to me. I have &c.
(Signed) Charles Henry Somerset.
[Copy.]
Letter from the Secretary to Government to the Commissioners
of Enquiry,
Colonial Office, Ist December 1825.
Gentlemen, — In reply to your letter of the 29th ultimo I
beg leave to state that I never did refuse to give an answer to
the Interrogatories which you were pleased to transmit to me,
but I thought it more respectful to you, instead of repljdng
" seriatim " to each question in a manner that I knew must
be unsatisfactory as regarded the greater part of them, to state
by letter my feelings and opinions on the nature of the Inter-
rogatories generally which you had put to me ; and at the
same time to suggest to you the propriety of obtaining the
information you required in what appeared to me a fitter and
more constitutional manner.
My objections were two :
First, I did not feel myself justified as an Individual Member
of Council to give any explanations on a subject that had
been submitted to and decided in Council.
Should the Commissioners of Inquiry in the execution of the
duties entrusted to them, be of opinion that the late removal
of Dr. Barry from his Office of Colonial Medical Inspector and
the re-estabUshment of the Medical Committee, are points of so
much importance in enabling them to report upon the manner
in which the Powers confided to the Governor of this Colony,
and to His Excellency in Council, have been exercised, as to
authorise them to require the Individual opinions of those who
have advised the Governor on this occasion, and to absolve the
Councillors from their oath of secrecy, I am perfectly ready to
give my Individual opinion with the rest of the Members of
Uecords of the Cape Colony. 499
Council ; but I cannot admit of your right to select me out from
the rest, particularly as you must be well aware from the
Private and Confidential Correspondence which has passed
between us, that the late removal of Dr. Barry has been coupled,
and coupled by yourselves too, with a personal threat, which I
am stated to have made to Dr. Barry, of dismissing him from
his Office if he made any complaints to you.
That correspondence has left on my mind an Impression
which certainly makes me but little anxious to allow myself to
be selected on this occasion, and I had hoped when at your
earnest soUcitation I agreed to close it, that the subject would
not have been brought forward again under a new shape, at
least to me individually.
As to the advice which I gave to Lord Charles and which is
alluded to in His Excellency's letter to Dr. Barry and quoted
by you in your present letter, I beg leave to state that it was a
perusal of the Draft of that letter, together with the observa-
tions which Dr. Barry had made to me the day before, as to my
being personally hostile towards him, that induced me to beg of
Lord Charles not to act upon my representations, but to bring
the whole matter to the consideration of Council, and His
Excellency was good enough to alter the Draft of his letter to
Dr. Barry to that effect.
From this period then the subject became a matter for the
consideration of Council, but so far from wishing to conceal
from you any Advice I may have previously given to Lord
Charles, as the Grounds thereof, I have already informed you
in my private letter that I was drawing up a Memorandum on
this subject to submit to Earl Bathurst, and that I should be
happy to furnish you with a copy thereof.
My second objection was to being called upon to explain the
motives which guided the conduct of His Excellency the
Governor on specified points, and here it certainly did appear
to me that in a Report which the Commissioners of Inquiry
proposed to make to His Majesty's Grovemment and to Parha
ment, on the subject of the Powers and Instructions of the
Governor of this Colony, that any explanation of mine relative
to the motives of His Excellency's conduct, even if I knew
these motives, could not be satisfactory evidence, while His
Excellency was on the spot to state them himself.
500 Records of the Cape Colony.
In regard to any other points to which the above objections
do not apply, I shall be always ready to afford you every
information that it may be in my power to give.
In making this Explanation to you, I beg leave to disclaim
in the most solemn manner any wish or intention on my part
to do anything subversive of the views in which your Com-
mission originated, or of the objects to which it has been
directed, or to oppose in any manner the Supreme Authority
from which it emanated, or the obedience that it enjoins upon
all the Servants of the Crown. I have &c.
(Signed) Richd. Flasket, Secretary to Government.
[Copy.]
Memorandum by the Secretary to Government.
Very shortly after my arrival in this Colony (twelve months
ago) my attention was called to the Provisions of the Pro-
clamations of 24th April and 18th August 1807, and of the 26th
September 1823, which established the Laws for the admission
of Medical Men to practise in the Colony, and which are
herewith annexed.
A Mr. Liesching had sent in a Memorial to Government,
requesting to be examined previously to his being admitted to
practise as an Apothecary and Chemist. This Memorial (after
having been submitted to the Chief Justice, who stated that
Mr. Liesching's AppUcation was in consonance with the spirit
of the Proclamation) was forwarded to Dr. Barry as Colonial
Medical Inspector, in order that the necessary examination
should take place.
Dr. Barry returned the Memorial, stating that he could not
recommend Mr. Liesching, as he had no Diploma from Europe.
His Excellency the Governor being of opinion that the
necessity of a regular Diploma from Europe, as alluded to in '
the Proclamation of 26th September, 1823, was limited to
Physicians only, and did not apply to Apothecaries and
Chemists, He addressed a second letter to the Chief, Justice,
R&cords of the Cape Colony, 501
requesting his legal opinion as to the construction of the
above-mentioned Proclamation.
The Chief Justice in reply gave His opinion that the Pro-
clamation enforced the necessity of a Diploma from Europe
upon Physicians only, and that Apothecaries, Chemists &c.
were subject merely to Certificates of Apprenticeship, and to
examination in this Colony.
On this Report of the Chief Justice being transmitted
officially to Dr. Barry, and stating that His Excellency the
Grovernor entirely coincided in it, with order to assemble a
Board to examine into the professional acquirements of Mr.
liesching. Dr. Barry wrote a most impertinent letter to the
Acting Colonial Secretary in reply, stating that " Sir John
Truter the Chief Justice can in no wise be a Judge or lay down
the. Law respecting the Medical Profession in any of its
Branches," and enclosing the Report of a Board which he
himself had assembled (two Members of which were Apothe-
caries and Chemists and therefore naturally anxious to keep
out others) and who gave their opinion that Mr. Idesching's
Certificates were not regular, although one of the said Chemists
had been permitted to practise under the self same Certificate.
(Mr. Tredgold).
After this Report of Dr. Barry, His Excellency the Governor
referred the construction of the Proclamation above-mentioned
to His Majesty's Fiscal, as legal Adviser to the Crown, and that
officer confirmed the opinion of the Chief Justice.
On receipt of the Fiscal's opinion I wrote an official letter to
Dr. Barry, by order of His Excellency the Governor, referring
to the legal advice he had received and desuing him to examine
Mr. Liesching as to his professional talents and experience.
This letter was dated 14th December, but Dr. Barry did not
deign to take the sUghtest notice of it or even to acknowledge
it. On the 28th December I wrote to him again, desiring to
know what steps he had taken in pursuance of my letter of
the 14th. To this second letter an answer was sent by Dr.
Barry on the 31st, but it was couched in such disrespectful
language that I was obhged to remonstrate against it, and
Lord Charles consulting with some of Dr. Barry's friends,
advised him to withdraw it. This he refused for a considerable
time, and it was only on the 17th January that he condescended
502 Itecm^ds of the Cape Colony.
to ask permission to withdraw the said letter, and at the same
time requested to be excused from the examination of Mr.
Liesching.
I had left Cape Town for the Interior a few days before, or I
certainly should not have recommended the Governor to give
in to this latter request. His Excellency, however, did do so,
and the consequence was that a Board of Medical Officers of
the Army was appointed to examine Mr. Liesching. This
Board consisted of Dr. Arthur, Physician to the Forces and
Principal Medical Officer in the Colony, Mr. Murray, Surgeon
to the Forces, and Mr. Apothecary Thompson.
This Board (after stating that Mr. Liesching had been
previously examined by Dr. Munro, Dr. O'Flynn and Mr.
Morel, Surgeon, who had granted him Certificates as to his
competency for carrying on his business), reported that they
had examined him strictly and minutely as to his knowledge
in the Latin language and the Sciences of Pharmacy and
Chemistry, and that the Board did him the Justice to say that
he acquitted himself very creditably, and that he also produced
specimens of chemical medicines of difficult preparation made
by himself, and that they considered him fully competent and
qualified for carrying on the business of Apothecary, Chemist
and Druggist.
Mr. Liesching was, therefore. Gazetted, but in consequence
of Dr. Barry's refusal to examine him, the appointment was in
fact illegal, as the Proclamation states that no Person can act
without the recommendation of the Colonial Medical Lispector.
In this instance, then, I had to complain that Dr. Barry
insisted upon setting up his own judgement as to the construc-
tion of a Proclamation against the declared legal opinion both
of the Chief Justice and Hia Majesty's Fiscal, and in which His
Excellency the Governor entirely coincided, that he used most
disrespectful language in his remarks on the Chief Justice's
letter, that he treated the Colonial Government with contempt
by refusing to take any notice for a fortnight of the Official
Instructions he had received from them, and when he did
notice them, it was in so disrespectful a manner that he was
obUged to withdraw his letter. That he afterwards evaded the
duties of his Office by allowing personal pique or feehng to
get the better of his public duties, and by this measure forced
Records of the Gajpe Colony. 503
the Government to act in contradiction to the Regulations
established by Proclamation.
The above proceeding certainly gave me no very high idea
of Dr. Barry's fitness for the important duties entrusted to
him ; and made me reflect upon the impolicy of the measure
of Sir R. Donkin, of aboKshing the Supreme Medical C!om-
mittee and throwing the whole Power into the hands of One
individual.
As a question of pubKc expediency I think there cannot be
any difference of opinion, and long before my arrival in the
Colony a remonstrance was made against it by the Merchants
and Venders of Medicines to Government, in the following
terms :
Extract from a Memorial presented to His Excellency the
Governor by several Merchants and Traders interested in the
Bale of Drugs and Patent Medicines :
" That although your Memoriahsts never had or can have
the sHghtest objection to their Medicines being subjected to
the most rigorous inspection of a Colonial Medical Board, yet
they humbly beg leave to represent to your Excellency that
the placing in the hands of One Individual a power so great as
is now placed in the hands of our Colonial Medical Inspector,
however respectable that Individual may be, and on which
subject your Memorialists do not intend by these observations
to cast the least shadow of reflection, a power by which the
property of importers may be destroyed on the Ipse dixit of one
Individual, and from whose decision there is no appeal, a
power of condemning EngKsh Patent and Dutch Medicines,
the component parts of which he may be wholly ignorant of,
is an authority that may possibly become so dangerous that it
only requires to be brought under your Excellency's obser-
vation to meet an immediate remedy ; that hitherto it had
always been lawful to vend by wholesale or retail English
Patent Medicines, also those called HaUische Medicines, such as
Balsam of Lilley, Wonderful Essence, Red Powder, &c. &c.
such as are generally purchased and used by Inhabitants of the
Country Districts, many of whom live at the distance of One
hundred Miles from any professional assistance."
This Remonstrance was met by a Counter One of the
Apothecaries, Chemists and Druggists in Cape Town, who were
504 Becords of the Cape Colony.
assembled for the purpose hy Dr. Barry, but this document does
not say anything in favor of the superintendence of Drugs &c.,
by one Individual, but merely alludes to the impropriety of
Merchants seUing Medicines by retail, and in which of course
the whole of the assembly were interested. The Merchants'
Memorial, however, was overruled by this Remonstrance, and
upon a proposal made by Dr. Barry for preventing any diffi-
culties in future. Now the strongest argument in my mind
for the expediency of re-estabUshing the Medical Board is that
whenever difficulties do occur, under the present system, the
universal panacea is a Board. When the Merchants complain
of Dr. Barry's Individual Duties, he recommends in case of
dispute a Board. When Dr. Barry makes a difficulty in
examining Mr. Liesching, the Government recommend a Board
to act with him. When he refuses altogether to examine him,
the Government appoint a Board to examine him.
This shews clearly, then, that without my advice or inter-
ference, and even in Dr. Barry's own opinion, a Board is
deemed necessary in all cases of difficulty or dispute.
I therefore had no hesitation, even at this time, to state my
opinion to the Governor that I thought the Medical Committee
should be re-established, but I could not carry my point.
In the month of August last His Majesty's Fiscal wrote me a
letter, enclosing a Certificate from the Surgeon of the Public
Prison, that one of the Prisoners was in a state of derangement,
and begging that he might be sent to the Lunatic Asylum. I
remarked on this letter that it was a serious matter, and that I
would recommend the Colonial Medical Inspector to be called
in to confirm the Certificate of the Surgeon of the Prison as to
the man's state of mind. Lord Charles agreed to this, and I
accordingly forwarded to Dr. Barry on the 23rd August the
riscal's letter and Surgeon's Certificate, and requested him
to examine the Patient.
On the 25th Dr. Barry reported officially that the man was
perfectly sane in mind, but that probably His Majesty's Fiscal's
appUcation for his admission into the Somerset Hospital had
been in the spirit of pure charity for the benevolent purpose of
having the wounds inflicted upon the poor man by the Dienaar
(or keeper of the Prison) professionally attended to.
Dr. Barry, however, acknowledges in the same letter that
Records of the Cape Colony. 505
this man had laboured under temporary insanity from the
effects of hard-drinking, in which state he was committed to
the Town Prison, and on which occasion the Dienaar exercised
great brutality towards him.
This serious attack upon all the Persons connected with the
Prison Department, and which by Dr. Barry's account would
have amounted to neither more nor less than that His Majesty's
Fiscal and the Siu*geon of the Prison had combined together to
report a man mad and recommend his being committed to the
Lunatic Asylum merely with a view of conceaUng or of curing
the wounds he had received from ill-treatment in Prison, was
forwarded to the Fiscal on the 1st of September, in order that
he might report upon a transaction apparently of such a dis-
graceful nature.
A few days afterwards a second Report was made by the
Surgeon upon this man (who in consequence of Dr. Barry's
report had not been sent to Hospital) stating that he was
raving mad, and Dr. Barry was again desired to visit him, when
he stated that the man's mind was certainly deranged, but
that it might be from bad treatment, and that he would recom-
mend him as a subject for the Hospital, but not for the Lunatic
Asylum.
When the original Report of Dr. Barry was transmitted to
His Majesty's Fiscal, that Officer, anxious to clear his character
and that of his Department from the aspersions of Dr. Barry,
had the evidence of all the Parties taken before a CJommissioner
of the Court of Justice.
A summons was also sent to Dr. Barry, who tore it and
threw it in the Messenger's face. On being again summoned,
however, he refused to answer the Interrogatories put to him,
stating that having been instructed by Government to make
an Official Report he had done so, and that without an Order
from Government he would not reply to any questions relative
to that subject. The Fiscal claimed sentence against him,
when he was ordered to answer the questions or to be imprisoned
for one Month.
The moment, however, this came to the knowledge of
Government, the sentence was ordered not to be carried into
effect, and the Fiscal was informed that the Government did
not approve of the manner in which Dr. Barry had been oalledi
xxau 2 ii
506 liecords of the Cape CoLony,
upon to swear to the contents of his Official Report to Govern-
ment.
The Fiscal then sent in his Report upon the. complaint of
Dr. Barry, and after submitting that Dr. Barry's statement of
facts was devoid of any foundation, and that no bfutality was
exercised to Aaron Smith, he begs the Government will consider
this Report final, unless Dr. Barry be called upon to produce
his authority for the statement of such disgraceful facts as are
contained in his letter, and for the most uncandid and injurious
inferences drawn therefrom, with regard to his own conduct.
His Excellency the Governor, on receiving this Report,
deemed it necessary to call upon His Majesty's Fiscal for all
the Proceedings and examinations which had taken place
before the Commissioners from the Court of Justice, which the
Fiscal forwarded in his letter of 29th September, and from
which it appears that Dr. Barry's statements were unfounded,
and the Fiscal concludes by trusting that they will meet with
His Excellency's most severe reproof.
These Reports were forwarded to Dr. Barry, and to shew the
lenity with which he was treated by Government on this
occasion, I have only to refer to my letter of 3Qth September,
enclosing the Proceedings, in which no allusion was even made
to the tearing of the summons, and Dr. Barry was merely
warned that he ought not, whatever the state of the man
might have been, or his treatment in Prison, to have indulged
himself in reflections on His Majesty's Fiscal, and which could
have nothing to do with the duties of his Office.
After the exposition of these Documents, One would naturally
have concluded that Dr. Barry would have been anxious to
recal, or at all events to paUiate, the expressions he had made
use of, but so far from doing anything of the kind, he denies
having said aaything against the character of the Fiscal,
although at the same time he went about the Town threatening
to cut pff his Ears.
This conduct of Dr. Barry, I must confess, led me to speak
strongly on the subject to Lord Charles, as I had done frequently
to Dr. Barry himself, but without any effect.
Lord Charles, however, on the receipt of the letter above-
mentioned, determined to re-appoint the Medical Committee,
and he mentioned his intention in Council (where it was
Records of the Cape Colony. 507
approved of) and I was instructed to offer Dr. Barry a seat at
the new Board, on the subject of which I had abeady spoken
to him privately.
On my applying to him to this effect, he flew into a violent
passion, first stating that Lord Charles had promised to make
him President, then that it was no concern of mine, but quite
a personal thing between Lord Charles and himself, but imme-
diately afterwards turning round upon me, he said I wanted to
ruin hini, to trample upon him, and that he would make it a
personal thing between himself and me, in fact he was so
violent that I told him it was useless .for me to talk with him
in that humour, and I therefore left him.
The next day I reported this conversation to Lord Charles,
who shewed me a letter he had received from Dr. Barry with
a draft of his proposed reply, on which I begged of Lord
Charles, as Dr. Barry appeared to have a feeling that I was
personally hostile to him, not to act upon any representations
that I might have made to him against Dr. Barry, but to submit
the whole question and correspondence to the deliberation and
decision of Council, to which His Lordship agreed.
Independently of the circumstances above-mentioned,
although I have neither time nor memory to recapitulate the
numerous instances of impropriety of which Dr. Barry has
been guilty, I shall merely allude to three.
1st. When Mr. Kekewich, Judge of the Vice Admiralty
Court, begged an audience of the Governor, in company with
Dr. Barry, upon the subject of the Fiscal's proceedings, while
His Excellency was explaining to Mr. Kekewich the grounds
upon which the Fiscal defended his conduct. Dr. Barry set up
a kind of Horse Whistle, and Mr. Kekewich was obliged to
reprove him for it. I merely mention this to shew his behaviour
in the situation he was then placed.
2nd. At a meeting of the Bachelors for the purpose of
proposing a Ball to Lady Charles Somerset, Dr. Barry attacked
the Secretary to the Commission of Inquiry, who was there,
and after alluding to the long residence of the Commissioners
of Inquiry in this Colony, asked him aloud with a laugh,
whether he had ever heard the story of the Mountain and the
Mouse.
I mention this to shew that even the friendship and con-
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