question, had shown extreme consideration to settlers. Having been in the colony since its inauguration he well remembered how severe had been the fight against the numerous opposing influences to progression. He was therefore loth to apply the land laws in their entirety, and was, perhaps, too lenient concerning the non-fulfilment of location duties. There was one construction to be placed upon the regulations in the case of those grants which had been made to mere speculators and to men who lost heart and left the colony without in any way improving their selections, and another to colonists who, with limited opportunities, were striving to develop their large properties.
On the 12th January Governor Hutt gave notice that in pursuance of the primary regulations under which land was assigned, those who had not complied with the conditions of improvement must pay a rent of 1s. per acre upon the unimproved portions. Moreover, he signified his intention of subsequently announcing by notice that stock, which was not the property of the grantee, depasturing on any election would not be considered to be fulfilling the location duties. This measure would have pressed very arbitrarily on those persons who were renting their grants to settlers for the depasturing of stock. Mr. Hutt probably desired to compel absentee landholders to personally develop their properties, failing which, to allow local people the privilege of taking over the land. His civil officers and other leading colonists strongly opposed his proposal, and were so determined that the notice was apparently not issued.
Then Governor Hutt also threatened to impose a heavy tax on land, to be applied in support of a police force to quell the native troubles. Not only this, he adopted measures in land administration which tended, in the opinion of settlers, to restrict immigration. The officers comprising the Executive Council made a spirited opposition to these changes.
It was opined that the first proclamation demanding the payment of fines due would have a healthy effect on the colony. Those settlers who were dilatory in improving their grants might be stimulated to greater energy, and those stretches of land which were not utilised would again become a direct asset of the Government. Individual hardship was certain, but if not applied too rigidly some of Governor Hutt's proposals were calculated to benefit the colony at large.
A meeting of agriculturists was held to discuss other subjects, and before the gathering dispersed a resolution was carried which sounded the views of settlers. This read that "A memorial to the House of Commons be drawn up, soliciting a remission of fines due under the land regulations, and a grant of fee-simple to settlers under certain circumstances, viz., those having expended large sums on small parcels of land, considering the same as portions of their several grants from the Crown."
When the Legislative Council met in March little attention was paid to land matters. The statement of revenue and expenditure showed a deficit, principally caused by a decrease of duty received on spirits. No vessels had for a long period put into port ladened with spirits, consequently there was a dearth in the market. From these duties the main proportion of revenue was obtained. Incidentally, while delivering his budget, the Governor again stated that he was considering the advisability of placing a tax on land. Some members remonstrated, asserting that such an impost would press very severely on struggling land-owners, and would make such inroads into their finances as would restrict their powers of development.
But, notwithstanding all advice to the contrary, His Excellency issued a notice on 6th September, announcing his intention of introducing a bill into the Legislative Council on 15th October, providing for the augmentation of the revenue by an assessment on land.
The funds at the disposal of the local Government, he proclaimed, were inadequate to support a police force for the protection of settlers; hence his intention. Sir James Stirling had repeatedly desired to raise revenue by special means to secure the protection of settlers against the depredations of the blacks, but he was unable to carry out his suggestions through the determined opposition of his official advisers. In consequence the old police force was disbanded. Governor Hutt, while new to office, was more firm, and he considered that as the landholders were the chief sufferers from native attacks, it was but just that they should support a force to counteract the evil. He was overruled in his proposal, and no tax was placed on land.
A few grants of land were resumed in 1839, and in 1840 the Governor scheduled more than 100,000 acres as liable. On further consideration he had placed a liberal construction on the conditions of alienation, and though he resumed large areas he allowed privileges under extenuating circumstances.
A petition was presented to him on 28th May, 1840, from the Agricultural Society objecting to his earlier land proposals, especially to restrictions he was placing on immigrants, who were unable to obtain land except in certain positions, and to the reservation and resumption of springs and other watering places. The Governor was not moved by his petitioners, and while expressing his sorrow at not being able to satisfy them, declined to alter his land policy.
During the last few years eager efforts were being made to encourage the Imperial Government to radically alter the land laws of Western Australia. Sir James Stirling in his despatches advocated such a step, and committees at home of gentlemen who proposed to purchase land in the colony were earnest in their desire to obtain such privileges for Western Australia as would enable her to compete with other British Colonies. Sir James Stirling obtained from the Home Government the right for settlers to surrender such areas of their land as they deemed useless to them, and, when purchasing additional areas, to a remission on the purchase money at the rate of 1s. 6d. per acre for the area surrendered. It was the possession of unprofitable tracts which operated, in his opinion, more than any other cause, to retard the progress of the colony.
One committee in England made certain proposals to the Secretary of State for the Colonies, the acceptance of which, its members anticipated, would supply the demand for labour and attract the enterprise of capitalists. They suggested that all Crown lands should be open to purchase, as soon as surveyed, at a minimum price of 10s. per acre; that the proceeds of these sales should be employed in defraying the cost of emigration to the colony; and that commissioners should be appointed to act under the colonial department to carry the whole system into effect. Provision should also be made by which Western Australian land might be sold in England, and the proceeds applied to defraying the passage of such labourers as the purchasers wished to introduce into the colony. The commissioners, who would negotiate these sales, should be granted the power to raise loans for emigration purposes on the security of future sales, and also to regulate the emigration of labourers.
