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75 associated with you to incur expenses in any reliance upon a confirma tion from the Crown of your title to the land.” Another precedent is mentioned ; “ In reference to the application of Mr. Henty, to he allowed under certain conditions to locate a grant of land on the southern coast of New Holland, His Majesty’s Government declined do accede to his proposal.” The day after, July 4th, Colonel Arthur communicates with Home through the Hon. Spring Bice. He enters into the history of Port Phillip ; that it was first visited by the first Governor of Van Diemen’s Land : that it was settled by persons from Van Diemen’s Land ; that it was near Van Diemen’s Land ; and he then urges that it he placed under the Government of Van Diemen’s Land. He moreover mentions that “ The settlement of this district would unquestionably be highly advantagous to Van Diemen’s Land.” Then comes his application : “ It would afford me, therefore, great pleasure, were the facilities which might he afforded by this government, rendered availing in the settle ment of this very valuable territory, which might, I submit, with a view to economy, he placed temporarily under the jurisdiction of the Supreme Court of Van Diemen’s Land.” His remarks upon our foun der in that despatch are honorable. “ Mr. Batman,” he writes, “ is an enterprising settler. He has acted with prudence as well as hu manity in making it his first effort to conciliate the native tribe with whom he negociated, and I trust that the good feeling which he ap pears to have established will be perpetuated. Were a liberal grant of land given him in the country he has explored, I think the gift would be well bestowed.” Yet Arthur doubted the validity of Batman’s agreement, shrewdly urging that the land had been taken possession of by Colonel Collins in 1830, and then again by Captain Wright, at Western Port, in 1826 ; and that the same people seen by Batman were seen by Messrs. Hume and Hovell in 1824, “Who,” says the Governor, “ distinguished it (the country) by different names, a cir cumstance which would render the original ownership doubtful, even if it were true in contemplation of law, that a migratory savage tribe, consisting of, perhaps, from 30 to 40 individuals, roaming over an almost unlimited extent of country, could acquire such a property in the soil, as to be able to convey it so effectually, as to confer upon the purchaser any right of possession which would be recognized in our Courts of Law.”
