THE PORT PHILLIP ASSOCIATION 191 



him a glowing account of the progress of the new settlement at the 

 Antipodes, stating, amongst other things, that between November, 

 1835, and May, 1836, upwards of 20,000 sheep had been landed 

 in Port Phillip from the Tamar, and upwards of 50,000 already 

 expended, evidencing the great and growing importance of the new 

 colony. He takes the opportunity meekly to refer to the Minister's 

 despatch to Sir Richard Bourke, and to express an opinion that his 

 Lordship's instructions scarcely seemed to convey such specific 

 orders to grant special immunities to the founders of the new 

 colony as some paragraphs in previous communications to the 

 writer had led him to expect ; he, however, indulges in the hope 

 that subsequent instructions may have been more favourable to 

 himself and colleagues. After this diplomatic introduction he re- 

 turns once more boldly to business, and submits a fresh offer for 

 1,000 square miles, for which he increases his bid by 50 per cent. 

 He tenders payment at the rate of 30 per square mile, in ten 

 annual instalments, the money to be expended at the discretion of 

 the Government for the benefit of that portion of the colony com- 

 prised in the ceded tract. He concludes his letter by saying that he 

 has invested 20,000 of his own money in agricultural and pastoral 

 pursuits in the Colonies, and is even now preparing to despatch a 

 number of suitable emigrants to Port Phillip by the first good vessel 

 sailing from the port of Leith. 



But neither the sinking of his capital in colonial development 

 nor the effort to help the Government in getting rid of some of its 

 redundant population secured to Mercer the consideration he pleaded 

 for. The Colonial Secretary's reply on 31st December was brief 

 and uncompromising. He had sent his instructions to the Governor 

 of New South Wales, and he could not interfere with that officer's 

 administration without "producing extreme and irreparable con- 

 fusion ". 



Like a litigant who has unsuccessfully appealed, it now became 

 necessary to go through the form of taking " counsel's opinion ". 

 Mr. William Burge, of Lincoln's Inn, whose decision on the case 

 submitted to him has been frequently reprinted as a model deliver- 

 ance, was again consulted, all the correspondence being laid before 

 him. In his opinion the Government ideas of colonisation and 



