148 A HISTORY OF THE COLONY OF VICTORIA 



irritation which the rival claims of the Association and the Fawkner 

 interlopers tended to keep alive did not break out into overt acts 

 of violence, and the good sense of the settlers is shown by their 

 readiness to submit to the arbitration of their trusted colleagues 

 those disputes which to-day would involve the interference of the 

 magistrate's court. The first recorded case of the kind is an 

 award, dated 2nd May, 1836, which is thus quoted by Mr. G. W. 

 Busden : 



" We award in the disputes between Mr. Henry Batman and 

 Mr. John Pascoe Fawkner on the first claim, Thirty Shillings, 

 on the second claim, nothing, although a strong presumption is in 

 our minds that some hasty expressions of Mr. Batman's may have 

 led Bullett to destroy the rabbits. On the third claim, damages 

 Five Shillings, and a fine of Twenty Shillings, in consideration of 

 it being an act of unauthorised aggression, and in the fourth claim, 

 nothing, as it does not appear that Mr. Batman set the dogs on 

 the calf. We cannot omit remarking that there has been a degree 

 of forbearance on the part of Mr. Fawkner highly gratifying to us, 

 and if generally practised very conducive to the general good. 



(Signed) "A. THOMSON. 



" JOHN AITKEN. 



" JAMBS SIMPSON. 



" Mem. The fines to be appropriated to some general purpose." 



There is a ring of Arcadian simplicity in this, though it will be 

 noted that the tribunal ignored the sensible legal maxim, " give 

 your decision, but never give your reasons ". 



But even while these praiseworthy attempts at local self-govern- 

 ment were being initiated, Sir Kichard Bourke, uneasy at the news 

 which reached him of the open defiance of his proclamation, and 

 the rapid growth of settlement outside the pale of Government 

 supervision, determined to send an officer to inspect and report to 

 him the true state of affairs. On the 4th of May he commissioned 

 Mr. George Stewart, a police magistrate of Goulburn, New South 

 Wales, to proceed to Port Phillip in the revenue cutter, Prince 

 George, and that gentleman reached the bay on the 25th of the 

 same month. His report, furnished to the Governor on the 18th 



