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77 in like manner as other intruders upon the vacant lands of the Crown within the said Colony.” “ Given under my hand and seal, at Government House, Sydney, this 26th day of August, 1835. (Signed,) “ BICHARD BOURSE. (By His Excellency’s command) (Signed,) “ALEXANDER M'LEAY. “ GOD SAVE THE KING !” When the association found no prospect of support from the Colonial Government, they immediately sought sympathy from the Home Au thorities. Upon this, Arthur wrote a despatch to Lord Glenelg, the Secretary for the Colonies, August 28th, ] 835. After being honest enough to give a good character to the members of the association as, respectable, and soforth, he exclaims,—“ I cannot avoid expressing the hope that this fine tract of country may not be ceded to them, to be converted into a sheep walk and cattle run by absentee proprietors.” The Governor had not then received a copy of the Sydney Proclama tion ; he, therefore, still talks doubtfully of the ownership of the dis trict, when he recommends, that, if not included within New South Wales, a Commandant, a surveyor, a missionary, and some soldiers, be sent from Van Diemen’s Land, and charged upon its land fund, in order, as he prudently observes, that “ the country may he occupied without those sad reverses which checked emigration to Swan River.” The counsel was good ; hut the Commandant or Superintendent was not appointed till four years after. In the meantime the association sought the opinion of the highest legal authorities in Britain, as to the validity of their treaty with the aborigines. Mr. Burge was then considered the best counsel upon Colonial law, and to him, as well as to Messrs. Pemberton and Follet, the question was referred. After the citation of a number of cases, chiefly in connexion with English treaties with the American Indians, we have the following ;— “I am of opinion that the Crown can legally oust the association from their possession. The enterprize manifested by the expedition, the respectability of the parties engaged in it, and the equitable and judicious manner in which they conducted the intercourse with the native tribes, and made their purchase, afford a strong ground for an ticipating that the Crown would, in conformity with its practise on other occasions, on a proper application, give its sanction to, and con-
