THE PORT PHILLIP ASSOCIATION 189 



have insuperable objections, no purchase of that magnitude having 

 ever been known in the modern history of colonisation. Moreover, 

 the Crown was without any evidence of the value of the land it was 

 asked to part with, and for this reason alone the matter must 

 necessarily be dealt with on the spot, under the regulations ad- 

 ministered by Sir Richard Bourke. The final paragraph of the 

 letter shows that Lord Glenelg was beginning to believe that a 

 reasonable claim had been made out for some consideration, for 

 he promises to "instruct the Governor to have a careful and just 

 regard to the circumstances stated in your letter, and to make 

 every arrangement which may appear to him to be reasonable for 

 protecting the fair claims of the persons who have already resorted 

 to Port Phillip, to a priority in the purchase, on moderate and easy 

 terms, of any lands which they may have already occupied, or on 

 which they may have actually effected any improvement ". 



This concession, slight as it was, gave rise to much future trouble, 

 for while the applicants regarded it as an assurance that they were 

 not to be subjected to open competition, Sir Richard Bourke very 

 properly held that such an interpretation was incompatible with his 

 general instructions. 



On the 23rd of April Mercer was again in evidence, and by letter 

 withdrew apologetically the legal opinion of Dr. Lushington, and re- 

 duced his suggested pre-emption of 3,000 square miles to a maximum 

 grant of 2,560 acres to each of the seventeen members of the Associa- 

 tion, equal to sixty-eight square miles in all, on the territory ceded by 

 the natives under the original treaty. If the Minister would grant 

 these selections, either free, or at a very reduced price, permanent 

 buildings would be at once erected, and portions of the land brought 

 under cultivation, thus forming the nucleus for enlarged farms and 

 holdings, by purchase or otherwise, when the Government arrange- 

 ments would permit. He urged, meanwhile, that orders should be 

 issued to prevent squatters intruding upon the lands ceded to the 

 Association, lest the natives, who felt themselves in honour bound 

 to give possession to the proper grantees, should fall upon such 

 intruders and expel them by force. It was probably some mis- 

 giving as to the attitude of Sir Richard Bourke that induced him to 

 close his letter with a recommendation that if Port Phillip were 



