SECRETARY GOULDBURN to SURGEON JAMES HALL.
Received at 8½ P.M. at Parramatta. Colonial Secretary's Office, 17 August. 1822.
Sir
Having laid before the Governor your letter of the 16th Instant, I am directed to acquaint you that His Excellency feels every disposition to cause 'an investigation, in the most legal and public manner, to be made Into the Conduct of Dr. Douglass' according to your desire; For which purpose it will he necessary for you to forward to this office a detailed statement on the following particulars:—
First—a Copy of the affidavit you made in the Judge Advocate's Office on the 12 Instant.
Secondly—a Copy of the Charges you proposed yesterday to prefer against Dr. Douglass before the Bench of Magistrates at Parramatta.
Thirdly—The Nature and reason of the Communication, which you held on the 31st ultimo with the female Convict Ann Rumsby.
Fourthly—The nature and particulars of the Communications, whether verbal or otherwise, which you have holden with the Rev'd. Samuel Marsden and Sir John Jamison on the Subject of that female.
Fifthly—Copies of all the different letters, which you have addressed to that woman, as well as to other persons respecting her.
Sixthly—The name of the Individual, who accompanied you, when you visited her on the 12th instant, and the observations that he made on the occasion of her Coming out from the house of her Master.
Seventhly—The various occasions upon which you have tendered Money to Ann Rumsby, and the reasons of such liberality.
When favored with these particulars His Excellency will be able to frame such Charges against Dr Douglass as will promote most effectually the ends of Justice.
I have, F. GOULBURN. Col'l Sec,y
COLONIAL SECRETARY to CROWN SOLICITOR
Colonial Secretary's Office
23rd August 1822
Sir,
In consequence of your Letter of the 22nd instant, I have received the command of the Governor directing that civil proceedings be immediately instituted against Mr James Hall, Surgeon in the Royal Navy, and late Superintendent of the Mary Ann, female Convict ship, for the libellious matter contained in his two several letters of the 14th and 16th instant, now in your possession. His Excellency prefers this mode of proceeding in the first place, in order that Mr Hall may lay hold of the opportunity, if he possesses the means, of pleading the truth of his accusations against Dr Douglass in bar of this suit; in which attempt, should he however fail, you are instructed to commence immediately a Criminal prosecution against him, the punishment attendant on which being most suited to, in the opinion of the Governor, to the gravity of the crime now laid to the charge of Mr Hall.
It is greatly the wish of Sir Thomas Brisbane that the damages in the Civil Action should be laid if possible so high, as on the one hand to allow the Crown to benefit, if a new Trial should want of success, attend on the proceedings in the Supreme Court and on the other hand extend to Mr Hall the privilege of carrying his appeal home, should he be at all dissatisfied with the decision pronounced in this Country.
I have only in conclusion, to request that you will take such early and effectual measures as will ensure your obtaining, when the Trial does occur, the fullest possible report of every observation that passes.
I have the honour to be,
Sir, Your most obedient Servant R Goulburn,
Col: Secretary
To
William Henry Moore, Esq
Crown Solicitor,
Sydney