THE PORT PHILLIP ASSOCIATION 181 



basis for their action. They might have also been misled by the 

 fact that no protest had emanated from Sydney, and no interference 

 had been attempted with the Henty family in their venture at 

 Portland Bay ; though it is possible that, as the Hentys had asked 

 no Government protection, and had very much kept their own 

 counsel, their intrusion may have been officially unnoticed. 



To tell the story of the Association's claims it becomes necessary 

 to revert to the despatches transmitted by Governor Arthur and 

 Governor Bourke to Lord Glenelg, the Colonial Secretary, towards 

 the end of the year 1835. Their substance has already been given 

 in a previous chapter, and early in 1836 replies to both reached the 

 Colonies. To Governor Arthur Glenelg lays down at some length 

 the principles which have actuated the British Government in dealing 

 with all schemes by private adventurers for acquiring land by pur- 

 chase from the natives, and expresses his regret, in view of Mr. 

 Batman's commendable conduct towards the aborigines, that he is 

 unable to advise the Crown to sanction the proceedings of that 

 gentleman and his associates. The despatch closes with a promise 

 to give every consideration to Arthur's proposal to form a settlement 

 at Port Phillip under the jurisdiction of the Supreme Court of Van 

 Diemen's Land, to which the Colonial Secretary sees "some very 

 serious objections ". It is a reasonable supposition from this promise 

 that the Colonial Secretary did not at the time regard the new 

 territory as certainly within the limits of New South "Wales, and 

 this view is strengthened by the existence of a minute in the Kecord 

 Office, dated 17th December, 1835, to the effect that Arthur's recom- 

 mendation cannot be recognised, since it would militate against the 

 engagements entered into with the South Australian Company. 



To Sir Eichard Bourke Glenelg was equally explicit in refusing 

 any recognition of rights acquired by purchase from the natives, 

 and maintaining the right of the Crown to the soil on which the 

 new settlements were proposed to be effected. He says : " Although 

 many circumstances have combined to render me anxious that the 

 aborigines should be placed under a zealous and effective protection, 

 and that their rights should be studiously defended, I yet believe 

 that we should consult very ill for the real welfare of that helpless 

 and unfortunate race, by recognising in them any right to alienate 



