THE PORT PHILLIP ASSOCIATION 193 



Bourke's reply, however, dated 15th September, 1836, after re- 

 porting the steps he had taken for the control of the settlement, he 

 says that he has informed Mr. Batman of the proposed opening of 

 the district for location, and requested that some one on behalf of 

 the company should attend at Sydney to arrange the terms on 

 which the Association would be permitted to retain some part of 

 the land they had taken possession of. 



Batman could not go in person, but Messrs. Swanston, J. T. 

 Gelli brand and James Simpson were duly empowered for the pur- 

 pose, and proceeded to Sydney to lay their case before the local 

 Executive. To minimise talk, and to give opportunity for a careful 

 examination of these claims, they drew up a very complete me- 

 morandum of what they contended for, and transmitted it to the 

 Governor a few weeks in advance. The main grounds of the claim 

 rested upon the treaty made with the natives, not as conferring any 

 legal title, but as implying the right to an equitable consideration, 

 which had been already recognised by Lord Glenelg in the oft- 

 quoted letter of 14th April. They set out, in some detail, the ex- 

 penses already incurred in stocking the country with sheep, and 

 urged that fully three-fourths of this was incurred before they heard 

 of the Governor's proclamation of 26th August, 1835, and while 

 they had good grounds for supposing that their enterprise would be 

 favourably regarded rather than opposed. They considered them- 

 selves bound in honour to the natives to continue the expenditure 

 of 800 a year for their benefit, whatever might be the decision of 

 the Government ; but, if their claims were favourably entertained, 

 and their treaty with the natives confirmed, they would be willing 

 to pay from 2,000 to 3,000 a year in addition towards the expenses 

 of the Government. In a later communication (20th October, 1836) 

 they say that if in response to the Governor's proclamation they 

 had withdrawn from their occupation, and abandoned their treaty 

 with the natives, the result would have been that instead of the 

 existing settlement of 200 persons, and stock to the value of 

 100,000, the country would still be exclusively occupied by the 

 native tribes, and this extensive field for British enterprise would 

 be lying unproductive. 



But the Executive Council, having been entrusted with the r6' 

 VOL. i. 13 



