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for the accommodation of future settlers; and a priority of choice to the extent of 100,000 acres will be allowed to Captain Stirling, whose surveys and reports of the coast have led to the formation of the settlement. The remaining land will be chosen by the settlers in the order of their arrival, those who arrive together drawing lots for the priority of choice."
The enclosure referred to was a circular dated December 5, setting forth the terms upon which the Government was prepared to assist colonists. This circular was worded as follows:—
"Although it is the intention of His Majesty's Government to form a settlement on the western coast of Australia the Government do not intend to incur any expense in conveying settlers or in supplying them with necessaries after their arrival.
"Such persons, however, as may be prepared to proceed to that country, at their own cost, before the end of the year 1829, in parties comprehending a proportion of not less than five female to six male settlers, will receive grants of land in fee simple (free of quit rent) proportioned to the capital which they may invest upon public or private objects in the colony to the satisfaction of His Majesty's Government at home, certified by the Superintendent or officer administering the Colonial Government, at the rate of 40 acres for every sum of £3 so invested, provided they give previous security; first, that all supplies sent to the colony, whether of provisions, stores, or other articles which may be purchased by the capitalists there, or which shall have been sent out for the use of them or their parties on the requisition of the Secretary of State, if not paid for on delivery in the colony, shall be paid for at home, each capitalist being held liable in his proportion, and, secondly, that in the event of the establishment being broken up by the Governor or Superintendent, all persons desirous of returning to the British Islands shall be conveyed to their own home at the expense of the capitalists by whom they may have been taken out. The passages of labouring persons, whether paid for by themselves or others, and whether they be male or female, provided the proportion of the sexes before mentioned be preserved, will be considered as an investment of capital, entitling the party by whom any such payment may have been made to an allowance of land at the rate of £15—that is, of 200 acres of land for the passage of every such labouring person over and above any other investment of capital.
"Any land thus granted which shall not have been brought into cultivation or otherwise improved or reclaimed from its wild state, to the satisfaction of Government, within twenty-one years from the date of the grant shall, at the end of the twenty-one years, revert absolutely to the Crown.
"All these conditions with respect to free grants of land, and all contracts of labouring persons and others who shall have bound themselves for a stipulated term of service, will be strictly maintained.
"It is not intended that any convicts or other description of prisoners be sent to this new settlement.
"The government will be administered by Captain Stirling, of the Royal Navy, as Civil Superintendent of the settlement; and a Bill, in the nature of a civil charter, will be submitted to Parliament in the commencement of its next session." (Dated, December 5, 1828.)
The letter of December 6 and the enclosed conditions, which were those offered to the public at large, failed to meet with the approval of the members of the syndicate. Their original request, it will be noted, of 4,000,000 acres was cut down to a maximum of 1,000,000 and even that was subject to conditions. The priority of choice of land over all other settlers, Captain Stirling alone excepted, was not approved. The situation therefore differed from that which held good at the time they agreed to undertake the scheme, and ultimately all the members drew out with the sole exception of Mr. Peel, whose faith in the matter was so great that on January 28 he informed the Government that he was desirous of carrying on and completing the project by himself, on the terms approved by the Colonial Office for the syndicate. To this the Secretary of State consented.
In the meantime new regulations, not quite so favourable, had been issued on January 13, 1829, allowing only ten years, instead of twenty-one as originally set forth, for bringing the land under cultivation. By a special concession, however, this part of the regulations was held not to apply to Mr. Peel.
Under these new regulations invested capital was to comprise stock of every description, all implements of husbandry and other articles applicable to the purposes of the productive industry or necessary for the establishment of the settler on the land where he was to be located, and the amount of any half-pay or pension received from the Government. Under the word "person" no child under ten years of age was to be included, but 40 acres were allowed for every child under three years of age, 80 for every child under six, and 120 for every child exceeding that but under ten. The fee simple of the land was not to be granted in any case until 1s. 6d. per acre had been expended in cultivation or permanent improvement. At least one-fourth of the land was to be reclaimed from its wild state within three years or a fine of 6d. per acre incurred; and if nothing had been done at the end of ten years in all the whole was to revert to the Crown. These conditions were to hold only until the end of 1830.