TWO SPECIAL SURVEYS.
A notice dated March 4th, 1841, was gazetted in Sydney to the following effect:
"Any Holder of a Land Receipt to the extent of not less than five thousand one hundred and twenty acres may, if he think fit, demand a special survey of any land not hereinafter excepted, within the district of Port Philip, whether such Land Receipt be obtained in the manner pointed out in the 'Government Gazette' of the 21st January last, or granted by the Land and Emigration Commissioners in London.
"Not more than one mile of frontage to any river, watercourse, or lake to be allowed to every four square miles of area; the other boundaries to be straight lines running north and south, east and west.
"No land to be taken up within five miles of the towns of Melbourne, Geelong, Williamstown, or Portland.
"The right of opening roads through any part of the land to be reserved for the Crown, but no other reservation whatever to be inserted in the Deeds of Grant."
The Port Albert Company took up land, under the above conditions, between the Albert and Tarra rivers. It was in Orr's name, and is still known as Orr's Special Survey. A surveyor was appointed to mark and plan the boundaries; he delegated the work to another surveyor. Next a re-survey was made, then a sub-divisional survey, and then other surveys went on for fifty years, with ever-varying results. It is now a well-established fact that Orr's Special Survey is subject to an alternate expansion and contraction of area, which from time to time vitiates the labour of every surveyor, and has caused much professional animosity. Old men with one foot in the grave, in this year 1895, are still accusing each other of embezzling acres of it; the devil of Discord, and Mercury the god of thieves, encamped upon it; the Port Albert Company fell into its Slough of Despond, which in the Court of Equity was known as "Kemmis v. Orr," and there all the members perished.
Mr. John Reeve had a land receipt, and wanted land. After he had taken up the station known as Snake Ridge he looked about for a good Special Survey. He engaged Davy and his whaleboat for a cruise in Port Albert waters and McMillan, Sheridan, and Loughnan were of the party. They went up the narrow channel called the Caledonian Canal, examined the bluffs, shores, and islands of Shallow Inlet, and at night encamped on St. Margaret's Island. When shelter was required, Davy usually put up the mainsail of his boat for a tent; but that night was so fine and warm that it was decided to avoid the trouble of bringing the sail ashore and putting it up. After supper the men lay around the fire, and one by one fell asleep; but about midnight heavy rain began to fall, the sail was brought ashore, and they all crept under it to keep themselves as dry as possible.
The next morning was fair. On leaving the port it had been the intention of the party to return the same evening, and the boat was victualled for one day only. There was now nothing for breakfast but a little tea and sugar and a piece of damper: no flesh, fish, or fowl. Davy was anxious to entertain his passengers to the best of his ability, especially Mr. Reeve, who, though not of delicate health, was a gentleman of refined tastes, and liked to have his meals prepared and served in the best style. Fresh water was of the first necessity, and, after so much rain, should have been plentiful, but not a spoonful could anywhere be found: the soil of the island was sandy, and all the rain had soaked into it and disappeared. The damper having been exposed to the weather was saturated with water. There was in the boat a large three-legged iron pot, half filled with fat, a hard and compact dainty not liable to be spilled or wasted, and in it had been stewed many a savoury meal of sandpipers, parrots, rats, and quail. This pot had been fortunately left upright and uncoveredduring the night, and the abundant rain had filled it with fresh water. Davy, with the intuition of artistic genius, at once saw the means of producing a repast fit for the gods. He poured the water which covered the fat from the iron pot into the kettle, which he placed on the fire for the purpose of making tea. He cut the sodden damper into substantial slices, put them into the pot, and cooked them in the fat over the fire. When well done they tasted like fried bread, and gave entire satisfaction; Mr. Reeve observing, when the feast was finished, that he had never in all his life eaten a better breakfast.
A start was made for the port, but the wind came dead ahead, and the men had to pull the whole way across the inlet, through the Caledonian Canal, and as far as Long Point. There they went ashore for a rest, and Mr. Reeve asked Davy if he could find the mouth of the Tarra River. Davy said he had never been there, but he had no doubt that he could find it, as he had seen the river when he was duck-shooting. It was then high water, and the wind still blowing strongly from the west, so a reef was taken in the lug, and the boat ran right into the Tarra as far as the site of the present court-house. There the party landed, and after looking at the country Mr. Reeve decided to take up his special survey there. It was partly open forest, but it contained, also, a considerable area of rich flats covered with luxuriant tea tree and myrtle scrub, which in course of time became mingled with imported blackberry bushes, whins, sweetbriar, and thistles. Any quantity of labour might be spent on it with advantage to the owner, so the following advertisement appeared in the public journals:
TO CAPITALISTS AND THE INDUSTRIOUS LABOURING CLASS.
GIPPSLAND--PORT ALBERT.
An accurate plan of Mr. Reeve's Special Survey of Tarra Vale having been completed, notice is hereby given that farms of various sizes are now open for sale or lease. The proprietor chiefly desires the establishment of a Respectable Tenantry, and will let these farms at the moderate rent of one bushel of wheat per acre. The estate consists of 5,120 acres of rich alluvial flats; no part of the estate is more than two miles from the freshwater stream of Tarra. Many families already occupy purchased allotments in the immediate vicinity of the landing place and Tarra Ville. There is a licensed hotel, good stores and various tradesmen, likewise dray roads from Maneroo and Port Philip. Apply to F. Taylor, Tarra Ville, or John Brown, Melbourne.
There were several doubtful statements in this notice, but, as the law says, "Buyer, beware."
Joshua Dayton was not a capitalist, but he belonged to the Industrious Labouring Class, and he offered himself, and was accepted as a Respectable Tenant, at the rental of a bushel of wheat to the acre. He was a thief on principle, but simple Mr. Taylor, of Tarraville, put his trust in him, because it would be necessary to fence and improve the land in order to produce the bushel of wheat. The fee simple, at any rate, would be safe with Mr. Reeve; but we live and learn--learn that there are men ingenious enough to steal even the fee simple, and transmit it by will to their innocent children.
The farm comprised a beautiful and rich bend of the Tarra, forming a spacious peninsula. Joshua erected a fence across the isthmus, leaving the rest of his land open to the trespass of cattle, which were, therefore, liable to be driven away. But he did not drive them away; he impounded them within his bend, and at his leisure selected the fattest for slaughter, thus living literally on the fat of the land. He formed his boiling-down establishment in a retired glade, surrounded with tea-tree, tall and dense, far from the prying eyes and busy haunts of men. His hut stood on a gentle rise above the highest flood mark, and in close proximity to the slip rails, which were jealously guarded by his Cerberus, Neddy, a needy immigrant of a plastic nature, whose mind succumbed under the strong logic of his employer.
Neddy had so far led an honest life, and did not fall into habits of thievery without some feelings of compunction. When Joshua first drove cattle into the bend, he did not tell Neddy that he had stolen them. Oh, no! He said:
"Here are a few beasts I have had running about for some time, and I think I'll kill one or two of the fattest and make tallow of them. Beef is worth next to nothing, and we must make a living somehow. And I know you would like a little fresh beef, Neddy; a change of diet is good for the health."
But Neddy was not so much of a fool as to be able to shut his eyes to the nature of the boiling-down business. The brands were too various, and Joshua claimed them all. Neddy said one night:
"Don't you think, Joshua, this game of yours is rather dangerous? Why, it's nothing better than cattle stealing; and I've heern folks say at one time it was a hanging matter. You may be found out some day by an unlucky chance, and then what will you do?"
"You mustn't call it cattle stealing, Neddy; that doesn't sound well," said Joshua. "I call it back pay for work and labour done. I have good reasons for it. I was sent out for stealing a horse, which I never did steal; I only bought it cheap for a couple of pounds. They sent me to the island, and I worked seven years for a settler for nothing. Now I put it to you, Neddy, as an honest and sensible man, Am I to get no pay for that seven years' work? And how am I to get it if I don't take it myself? The Government will give me no pay; they'd give me another seven years if they could. But you see, there are no peelers here, no beaks, and no blooming courts, so I intend to make hay while the sun shines, which means tallow in these times. All these settlers gets as much work out of Government men as they can get for nothing, and if you says two words to 'em they'll have you flogged. So while I does my seven years I says nothing, but I thinks, and I makes up my mind to have it out of 'em when my time comes. And I say it's fair and honest to get your back wages the best way you can. These settlers are all tarred with the same brush; they make poor coves like us work for 'em, and flog us like bullocks, and then they pretend they are honest men. I say be blowed to such honesty."
"But if you are caught, Joshua, what then?"
"Well, we must be careful. I don't think they'll catch me in a hurry. You see, I does my business quick: cuts out the brand and burns it first thing, and always turns out beasts I don't want directly."
Other men followed the example of Joshua, so that between troubles with the black men, troubles with the white men, and the want of a market for his stock, the settler's days were full of anxiety and misery. And, in addition, the Government in Sydney was threatening him with a roaming taxgatherer under the name of a Commissioner of Crown Lands, to whom was entrusted the power of increasing or diminishing assessments at his own will and pleasure. The settler therefore bowed down before the lordly tax-gatherer, and entertained him in his hut with all available hospitality, with welcome on his lips, smiles on his face, and hatred in his heart.
The fees and fines collected by the Commissioners all over New South Wales had fallen off in one year to the extent of sixty-five per cent; more revenue was therefore required, and was it not just that those who occupied Crown lands should support the dignity of the Crown? Then the blacks had to be protected, or otherwise dealt with. They could not pay taxes, as the Crown had already appropriated all they were worth, viz., their country. But they were made amenable to British law; and in that celebrated case, "Regina v. Jacky Jacky," it was solemnly decided by the judge that the aborigines were subjects of the Queen, and that judge went to church on the Sabbath and said his prayers in his robes of office, wig and all.
Jacky Jacky was charged with aiding and abetting Long Bill to murder little Tommy. He said:
"Another one blackfellow killed him, baal me shoot him."
The court received his statement as equivalent to a plea of "Not guilty."
Witness Billy, an aboriginal, said:
"I was born about twenty miles from Sydney. If I don't tell stories, I shall go to Heaven; if I do, I shall go down below. I don't say any prayers. It is the best place to go up to Heaven. I learnt about heaven and hell about three years ago at Yass plains when driving a team there. Can't say what's in that book; can't read. If I go below, I shall be burned with fire."
Billy was sworn, and said:
"I knew Jacky Jacky and Cosgrove, the bullock driver. I know Fyans Ford. I know Manifolds. I went from Fyans Ford with Cosgrove, a drove of cattle, and a dray for Manifolds. I knew Little Tommy at Port Fairy. He is dead. I saw him dying. When driving the team, I fell in with a lot of blacks. They asked me what black boy Tommy was; told them my brother. They kept following us two miles and a half. Jacky Jacky said; 'Billy, I must kill that black boy in spite of you.'"
Jacky Jacky said sharply, "Borack."
"Jacky Jacky, who was the king, got on the dray, and Little Tommy got down; a blackfellow threw a spear at him, and hit him in the side; the king also threw a spear, and wounded him; a lot of blacks also speared him. Long Bill came up and shot him with a ball. Jacky Jacky said to Cosgrove: 'Plenty gammon; I must kill that black boy.' Little Tommy belonged to the Port Fairy tribe, which had always been fighting with Jacky Jacky's tribe."
"It's all gammon," said Jacky Jacky, "borack me, its another blackfellow."
"Jacky Jacky, when with the dray, spoke his own language which I did not understand. I was not a friend of Little Tommy. I was not afraid of the Port Fairy tribe. I am sometimes friend with Jacky Jacky's tribe. If I met him at Yass I can't say whether I should spear him or not; they would kill him at the Goulburn River if he went there. Blackfellow not let man live who committed murder."
Are the aboriginals amenable to British law? Question argued by learned counsel, Messrs. Stawell and Barry.
His Honor the Resident Judge said: "The aboriginals are amenable to British law, and it is a mercy to them to be under that control, instead of being left to seek vengeance in the death of each other; it is a mercy to them to be under the protection of British law, instead of slaughtering each other."
Jacky Jacky was found guilty of "aiding and abetting." The principals in the murder were not prosecuted, probably could not be found. Before leaving the court, he turned to the judge and said, "You hang me this time?"
He only knew two maxims of British law applicable to his race, and these he had learned by experience. One maxim was "Shoot 'em" and the other was "Hang him."
There is abundant evidence to prove that an aboriginal legal maxim was, "The stranger is an enemy, kill him." It was for that reason Jacky Jacky killed Little Tommy, who was a stranger, belonging to the hostile Port Fairy tribe.
Joshua and Neddy carried on the boiling down business successfully for some time, regularly shipping tallow to Melbourne in casks, until some busybody began to insinuate that their tallow was contraband. Then Joshua took to carrying goods up the country, and Neddy took to drink. He died at the first party given by Mother Murden at her celebrated hostelry.
There were at this time about two hundred men, women, and children scattered about the neighbourhood of New Leith (afterwards called Port Albert), the Old Port, the New Alberton and Tarra Vale. Alberton, by the way, was gazetted as a township before the "village" of St. Kilda was founded. There were no licenses issued for the various houses of entertainment, vulgarly called "sly grog shops." There was no church, no school, no minister, and no music, until Mother Murden imported some. It was hidden in the recesses of a barrel organ; and, in order to introduce the new instrument to the notice of her patrons and friends, Mother Murden posted on her premises a manuscript invitation to a grand ball. She was anxious that everything should be carried out in the best style, and that the festive time should commence at least without intoxication. She therefore had one drunken man carried into the "dead room," another to an outside shed. Neddy, the third, had become one of her best customers, and therefore she treated him kindly. He was unsteady on his legs, and she piloted him with her own hands to the front door, expecting that he would find a place for himself somewhere or other. She gave him a gentle shove, said "Good night, Neddy," and closed the door. She then cleared a space for the dancers in her largest room, placed the barrel-organ on a small table in one corner, and made her toilet.
The guests began to arrive, and Mother Murden received them in her best gown at the front door. Neddy was lying across the threshold.
"It's only Neddy," she said apologetically; "he has been taking a little nobbler, and it always runs to his head. He'll be all right by-and-by. Come in my dears, and take your things off. You'll find a looking-glass in the room behind the bar."
The gentlemen stepped over Neddy, politely gave their hands to the ladies, and helped them over the human obstacle.
When everything was ready, Mother Murden sat down by the barrel-organ, took hold of the handle, and addressed her guests:
"Now boys, choose your girls."
"The biggest bully apropriated the belle of the ball."
The biggest bully, a "conditional pardon" man of the year 1839, acted as master of the ceremonies, and called out the figures. He also appropriated the belle of the ball as his partner.
The dancing began with great spirit, but as the night wore on the music grew monotonous. There were only six tunes in the organ, and not all the skill and energy of Mother Murden could grind one more out of it.
Neddy lay across the doorway, and was never disturbed. He did not wake in time to take any part in the festive scene, being dead. Now and then a few of the dancers stepped over him, and remarked, "Neddy is having a good rest." In the cool night air they walked to and fro, then, returning to the ball-room, they took a little refreshment, and danced to the same old tunes, until they were tired.
Mother Murden's first ball was a grand success for all but Neddy.
"No sleep till morn when youth and pleasure meet,
To chase the glowing hours with flying feet."
But morn reveals unsuspected truths, and wrinkled invisible in the light of tallow candles. The first rays of the rising sun fell on Neddy's ghastly face, and the "conditional pardon" man said, "Why, he's dead and cold."
Mother Murden came to the door with a tumbler in her hand, containing a morning nip for Neddy, "to kill the worm," as the Latins say; but the worm was dead already. The merry-makers stood around; the men looked serious and the ladies shivered. They said the air felt chilly, so they bade one another good morning and hurried home.
It is hard to say why one sinner is taken and the other left. Joshua's time did not arrive until many years afterwards, when we had acquitted him at the General Sessions; but that is another story.