THE FIRST ATTEMPT AT GOVERNMENT 157 



upon what he professed to regard as his rival's attempt to secure 

 the good offices of the new tribune. 



It was soon evident, however, that in the estimation of the 

 authorities the claims of Batman or Fawkner, of the Port Phillip 

 Association or the isolated roving pastoralist, had no basis for 

 consideration, and when the individual enthusiasm had spent itself 

 the settlers began to get anxious about their prospects. 



The formal Sydney proclamation, which had been posted freely 

 on the surrounding gum-trees, was as definite as it was unpopular. 

 After announcing the official appointment of Captain Lonsdale, it 

 went on to say that arrangements were in progress for effecting 

 the survey of such parts of the land near Port Phillip as it might 

 be expedient to dispose of, but no applications for purchase could be 

 entertained until this survey was completed. Meantime, all persons 

 resorting to Port Phillip were warned that no advantage would be 

 obtained by the occupation of any land previously to its conveyance 

 by a legal instrument from the Government of New South Wales, as 

 failing such title it would be liable to be put up for competition at 

 public sale and sold to the highest bidder. The action taken by the 

 Port Phillip Association in support of their claims is narrated in a 

 subsequent chapter, but the independent settlers apparently aban- 

 doned all hope of any special recognition, and concentrated their 

 attention on the preliminary surveys of Mr. Eobert Eussell, who, 

 in pursuance of his instructions, at once commenced to plot out a 

 township without any special regard to the dwellings already in 

 evidence. They were not of much intrinsic value, but they gener- 

 ally represented the labour of the proprietor's own hands, who 

 thought more of the trouble and expense of reconstruction than of 

 the perfect alignment of the uncreated streets. Indeed, under an 

 Act passed in Sydney only two months before, it was an offence, 

 punishable by a fine of 10 for the first conviction, for any person 

 to be found occupying waste Crown lands, either by residing or by 

 erecting any tent, hut or building thereon. Of course, no attempt was 

 made to enforce this regulation, but it had the irritating effect of 

 bringing the entire community under the incriminating influence of 

 an ex post facto law. 



During the first six months of Lonsdale's supervision there was 



