2080-J-FURTHER JH CORR. with COL. OFF

FURTHER CORRESPONDENCE BETWEEN JH AND COLONIAL OFFICE

MAY to SEPTEMBER 1823

JAMES HALL to R WILMOT HORTON M.P.

22 Arundel St, Strand

May 10th 1823

Sir, I beg leave to acquaint you for the information of Earl Bathurst that I am arrived from New South Wales and shall feel happy by having the honor of waiting on him and communicating to his Lordship every information in my power respecting the late events at New South Wales. Although I am desirous of preventing any public reproaches being made on the Colonial Government and as an officer in His Majesty's Service, rather conceive it to be a part of my duty to support every act of my superiors, yet the unjust measures which have been employed against me by the Colonial Government and the unmerited ill treatment which I have received for having zealously endeavoured to carry into effect the orders of the Government and to promote the public good, urge me to express a wish that Earl Bathurst will take my case into his serious consideration.

I beg Sir that you will be pleased to acquaint his lordship that I am ready to submit to any kind of examination and being also anxious that His Majesty's Government should receive the fullest information on the state of the colony and of the late unfortunate transactions there, I think it proper to add that Captain King, Commanding His Majesty's Sloop Bathurst is able to impart every information that Earl Bathurst may wish to obtain.

I have the honor to be

Sir

Your most obedient Servant

James Hall

Surgeon Royal Navy

To

R Wilmot Horton M.P.

NOTE by FRANCIS FORBES to LORD BATHURST.

19 May 1823

The evident purpose of Mr Hall's letter to Lord Bathurst is to induce his Lordship to express his opinion of his (Mr Hall's) conduct - or in plainer words to furnish him with a written approval of his proceedings. I humbly apprehend that this is asking more than can be reasonably be expected of his Lordship. In the first place I am not aware that any case is sufficiently before his Lordship to call for his public expression of his decision - and in the next such an expression could not be well made without carrying with it the appearance at best of the condemnation of the adverse party.

Mr Hall thought fit to prefer heavy charges against an officer in the public service in New South Wales which charge was investigated before a tribunal of justice, and was not proved. I pass over the censure upon the accused, pronounced by the bench of magistrates, because that censure was totally extraneous to the charge preferred by Hall and appears to be founded on what was considered by the Magistrates, as a disrespect for their authority.

Mr Douglas, the accused, in his turn brought an action against Mr Hall for libellous expression towards him in certain letters addressed to Mr Marsden and has obtained a verdict sufficient to carry costs.

Mr Hall explains that the verdict was obtained by default owing to his own absence and the negligence of his attorney. All this may be very true - and that his attorney did not follow his instructions appears to be undeniably true - But it does not present such a case as, I humbly submit, His Majesty's Secretary of State can be called upon to pronounce an exculpatory opinion upon, in reference to the conduct of Mr Hall.

FRANCIS FORBES to WILMOT HORTON

London

19th May

Sir I have the honour to inform you that I have attentively read the copy of the letter addressed by James hall, late surgeon of the Mary Ann female convict ship, to the Commissioners of the Navy, setting forth the circumstances of a complaint preferred by him, at the instance of Ann Rumsby, against Dr Douglass, Superintendent of the factory at Parramatta, and of the proceedings instituted against himself for a libel upon the character of Dr Douglass. The statements made by Dr Hall differ very materially from those transmitted by the Governor of New South Wales, and upon points were in the differences cannot be accidental – as an example of this difference I beg to call your attention to that part of Mr Hall's letter (page 10) in which he says the unbiased decision of the magistrates was that 'Dr Douglass had disgraced the Magistracy, and that his conduct had been criminal and was highly culpable towards Ann Rumsby'. The copy of the proceedings which are stated to have actually taken place before the Magistrates, was transmitted to Earl Bathurst and the decision of the Magistrates does not convey any such charge against the conduct of Dr Douglas, as immorality, or culpability towards Ann Rumsby. Extrajudicial as the proceedings of the magistrates were, they go not further than to charge Dr Douglass with disrespect towards the Bench in withdrawing Ann Rumsby from the inquiry which had been meditated, and not attending himself. This difference in the statement which did take place in the Court of Sessions at New South Wales upon so important a point as the opinion of the Court directly upon the merits of the complaint preferred by Hall against Douglas, cannot be the result of any accidental manner of stating the same thing by different persons, it, one side or the other, a misrepresentation. You will also be pleased to remark, that Mr Hall repeats what he had all along asserted, that Ann Rumsby ran after him down the public road to claim his protection (page 5) altho' it appears from the examination of witnesses in New South Wales that Mr Hall himself originated a communication with Anne Rumsby at Dr Douglass' house, and afterwards sent a message to her to meet him on the road where the interview afterwards took place.

Assuming the copies of the proceedings of the Court transmitted by Sir Thomas Brisbane to be correct, the opinion I had the honour to lay before you upon those proceedings and the other accompanying documents, remains unaltered, and rather confirmed by the misrepresentations which I have discovered in Mr Hall's letter of the 23rd of April last.

I have the honor to remain

Sir

Your most obedient servant

Francis Forbes

JAMES HALL to LORD BATHURST

22 Arundel Street, Strand

May 29 1823

My Lord

By entertaining an idea that the pressure of State Affairs prevented your Lordship's attention from being directed to the subject of the letter which I addressed to the Honourable Mr Wilmot on the 10th instant, I have been enabled patiently to await the expression of your Lordships opinion on my case. But my Lord when you consider how natural it is to an officer to wish for the honor of enjoying the approbation of his superiors when his conscience assures him that his conduct has well earned it; and when you reflect that it is also natural to a man to claim justice and support when he considers himself entitled to them; I feel satisfied that Your Lordship will neither be surprised nor offended at the liberty I have now taken in addressing you. I beg to assure you My Lord that nothing but an ardent zeal to promote the public good and a natural disposition to discharge, conscientiously the important duties assigned to me, influenced my conduct throughout all the affairs in which I was engaged at New South Wales. Whatever errors anyone may have committed in that Colony were not my faults; I myself was a stranger to all parties and unacquainted with the petty intrigues etc that prevailed in that settlement. And as Dr Douglass was an acquaintance of mine, I endeavoured to prevent an exposure of the charges which his convict servant had preferred against him, until my own character became endangered by his imprudent acts and her depravity.

If, My Lord, I had regarded my duty towards God and not have yielded to false notions of honor, I should have called back my fellow traveller Sir John Jamison who had first perceived the young woman running down the main road after us or I should have taken her to the Court House, or before the Governor, in either of which ways her allegations would have been heard by witnesses, and the truth or falseness of her statements would have been quickly ascertained, and no prosecution could have been instituted against me. Although the whole truth can be known only to God and the party concerned, yet the opinion publicly expressed thereon by the Judges, Magistrates, Colonists and privately by Sir Thomas Brisbane, has placed around my head a wreath which I shall ever proudly wear. Sir Thomas Brisbane repeatedly assured me that he was satisfied that I had acted for the most honourable motives, as twice he endeavoured to stop the Civil prosecution, but he was told that some affidavits (from perjured convicts!) had been delivered into the Colonial Office rendering the trial necessary. I called for official copies of the affidavits in order to confront them and expose their perjured authors, but, My Lord, I could not obtain those copies nor could my utmost endeavours either bring on the trial or obtain a fixed time for it. I am solicitous my Lord not to occupy more of your Lordship's time than is absolutely necessary, therefore I respectfully beg to refer you to the two official letters, the one written by me to the Senior Magistrate, the Rev'd Mr Marsden and the other written in Major Gouldburn's apartment at his suggestion, and addressed by me to the Governor.

I would next respectfully direct your Lordship's attention to the following papers, viz: my affidavit, the proceedings of the Bench of Magistrates; - the deposition of the young woman, that she ran after me and claimed my protection to save her from ruin; - the correspondence between the Bench and His Excellency respecting Dr Douglass and her; - my correspondence to the Navy board and to the Admiralty; and lastly the letter which I lately had the honor to write to Mr Wilmot.

In conclusion, My lord, I hope your Lordship will pardon me for making the following few remarks on myself, - that possessing habits which peculiarly fitted me for the care and management of convicts, and having acquired a little reputation in this branch of the public service, Mrs Fry solicited me to undertake the difficult office of managing female Convicts. Wishing to satisfy this good Lady and her religious friends that Government was equally anxious with them for the reformation of offenders, I heartily commenced the duties assigned to me by Government and my Journal fully shows how far the wishes of the public can be attained.

I have been, My Lord, sixteen years in His Majesty's Service and can adduce proofs that on many occasions my zeal and devotion for the good of the public service have obtained for me the approbation of my superiors. But less these facts fail in acquiring for me the approbation of your lordship, I beg leave to add that I not only resigned a valuable staff appointment which I held in the Russian Navy in consequence of Russia having made war against England, but that I rendered important Secret Services at the island of Corfu in 1807, for the benefit of my country; - at the risk of being shot by the French! I never received, nor have I ever sought any reward for this last named service feeling that I had only discharged my duty to my country. And it is from necessity alone, my Lord, that I am now impelled to touch upon my past services, in order to show to your Lordship, that however extraordinary some parts of my late conduct in New South Wales, may in the eyes of men who feel but little interest for the public good, yet it is only a fact of that line of conduct which has ever actuated me. And trusting that the facts which I have the honor now to submit to your notice, may be satisfactory to Your Lordship, as to all other good men, I earnestly implore your Lordship's kind and attentive consideration to my unprecedented case. I have the honor to be My Lord, with the most profound respect.

Your Lordship's most obedient

and very humble servant

James Hall

Surgeon in the Royal Navy

To

The Right Honourable

Earl Bathurst

JAMES HALL TO R. WILMOT HORTON MP

22 Arundel Street,

The Strand

June 3rd, 1823

Sir,

I have the honor to acknowledge the receipt of your letter of the 31st inst and beg you will be pleased to communicate to Earl Bathurst my sincere thanks for his having commenced an enquiry into a business which not only embraces the character and honor of individuals but also religion, morality and the public welfare. I am aware, Sir, of 'the numerous contradictions' which are to be found in the representations that have laid before your Lordship with respect to my conduct, and therefore, I cannot refrain from expressing my admiration of his Lordship's candid and liberal proceeding in having withheld the expression of his opinion on my conduct not withstanding those contradictions with respect to my 'conduct both in fact and motive'. I beg respectfully to solicit his Lordship's attention to the accompanying documents which I hope will be found satisfactory. Should however, these fail in proving that my conduct has been strictly honourable and influenced only by a zealous endeavour to promote the wishes of Government, and encourage virtue and religion, I hope and trust you will have the goodness to entreat his Lordship to allow you to examine me. But I most vehemently crave that his Lordship will be pleased to direct an enquiry to be made of Captain King, who was the Senior Naval Officer at New South Wales, respecting the matters which so deeply involve my conduct, and the interests of the colony.

I have the honor to be, Sir

Your most Obedient and Humble Servant

James Hall,

Surgeon Royal Navy

R Wilmot Horton Esq M.P.

JAMES HALL to WILLIAM HORTON M.P.

22 Arundel Street,

Strand

June 5th, 1823

Sir,

Having in the letter which I had the honour of addressing to Earl Bathurst on the 29th ultimo, made mention of 'an important service which I rendered my country'*. I now beg leave to forward a Paper exhibiting a partial account of the said service, and have to request you will be pleased to solicit his Lordship's attention to it.

I have the honour to be,

Sir,

Your most Obedient ,

Humble Servant,

James HALL

Surgeon Royal Navy

To

R Wilmot Horton Esq M.P.

* This service refers to James' adventures at Corfu while serving with the Russian Navy in Selafail in August 1807. When the British frigate Weazle visited Corfu he was able to go on board and warn the Captain that Russia had changed sides and was now an ally of Napoleon.

MINUTE BY FRANCIS FORBES COMMENTING ON ENCLOSURES SENT BY JAMES HALL

Mr Marsden's letter to Mr Hall mentioned the furnishing him with a copy of 'all the proceedings in the case of Ann Rumsby'. The accompanying however contains nothing of those proceedings but an extra judicial encomium upon the motives of Mr Hall in promoting an inquiry at the instance of Ann Rumsby and an equally extra-judicial conviction of Ann Rumsby and sentence of removal to Port Macquarie. The subsequent papers have no legal connection with the proceedings in Ann Rumsby's case. It may be asked where are the rest of the proceedings – why do they not accompany Mr Hall's letter. It was upon the evidence of Ann Rumsby that part of the charge against Mr Hall rested. It was at least apparent upon the face of the whole proceedings, that Mr Hall had not merely promoted an enquiry, but had roundly accused Dr Douglas of a very serious breach of public and private duty, promulgated his own opinion of his guilt, and this upon the assertion of Ann Rumsby, who at her examination before the magistrates, denied what Mr Hall said she had told him. Why are these things kept back?

F. Forbes

12th June 1823.

JAMES HALL to R. WILMOT HORTON M.P

22 Arundel Street, Strand

25 June 1823

Sir,

I had flattered myself with the hope that the numerous documents which I have had the honour to transmit to you have speedily obtained for me the most prompt attention and that you would not only have expressed your decided approbation of my conduct in the late affair at New South Wales, but would have kindly withdrawn the obstacles which you have I fear, opposed to my obtaining another appointment from the Navy Board.

It is with the most anguished feelings that I view my unparalleled situation and with painful anxiety am I doomed to contemplate the dangerous state of my family in consequence of the cruel arrest and unjust Prosecution which I suffered from the Colonial Government.

I refrain, sir, from occupying your attention by saying more than I do solemnly declare before God that my conduct in the late affair from the very beginning to the end of it, was just and honourable and I do assure you, Sir, that every affidavit and statement that have been transmitted to you, representing otherwise, have been made up of the prejudices and wilful misrepresentations; and this assertion I am able to prove in the most satisfactory manner, if you will permit me.

As the action brought against me by the Colonial Government in favour of Dr Douglas has been tried, and the business, I hope, finally settled, I shall be happy if you will do me the honour to inform me whether any obstacles stand in the way of obtaining an appointment from the Navy Board.

I have the honor to be

Sir

Your most obedient

and very humble servant

James Hall

Surgeon Royal Navy

To

R. Wilmot Horton Esq M.P.

JAMES HALL to WILMOT HORTON M.P.

22 Arundel Street, Strand

27 June 1823

Sir,

Having reflected on the enquiry you were pleased to make of me, yesterday, touching my knowledge of Norfolk Island as a place for the reception of convicts, I have thought it my duty to submit to your notice some remarks upon the subject and to lay before you some of my reasons for the opinion which I had the honour to state to you. As my remarks have been made from personal observation and experience acquired during my employment as Surgeon Superintendent of convicts and have been acknowledged to be correct by many well informed persons I do the more readily lay them before you and trusting that the intention which I have in view may be that which moved you to make the enquiry of me, I hope you will excuse the liberty I have taken in addressing you.

I cannot however allow this favourable opportunity to pass without requesting, Sir, that you will be pleased to accept my sincere thanks for the kindness you yesterday showed to me, by allowing me the honour of an audience and not only affording me the opportunity of explaining some matters respecting my late conduct in New South Wales, but more particularly in honouring me with your candid sentiments of it. I have only further to add, I do most respectfully beg leave to offer myself to your kind notice for the honour of an appointment in any of the present or intended settlements in New South Wales or Norfolk Island and to beg you will do me the honour to attach the accompanying documents to that which you already possess from Captain Clavell

I have the honour to be

Sir

Your most obedient servant.

James Hall

To

R Wilmot Horton Esq M.P

JAMES HALL TO WILMOT HORTON

22 Arundel Street, The Strand

August 4 1823

Sir,

I do myself the honour to acknowledge the receipt of your note of the 16th July and I beg you will be pleased to accept my sincere thanks as well for the favour you did me by writing to Sir Byam Martin and the spirit of kindness and sympathy which you seem to entertain for me.

Although I deeply regret the existence of every adventitious circumstance that has prevented Earl Bathurst from recommending me to the Navy Board yet I receive no small consolation when I reflect that my conduct at New South Wales was prompted by no other causes than charity and zeal to promote the public good in conformity to my instructions from Government. At several interviews which I had with Sir Thomas Brisbane he expressed his approbation of my conduct; he also expressed the most favourable opinion of me to Captain King and to other gentlemen. Major Goulburn likewise personally assured me that he 'absolved me from all dishonourable and unworthy motives' – and it may not be improper for me here to state that no private quarrel between myself and Dr Douglass ever took place. but, Sir, I admit that there were some parts of my conduct that exposed my character to suspicion when viewed by common observers, and the affidavits of the three convicts must have greatly strengthened the suspicion, and were it not for the conviction that my actions were in unison with the purest principles of morality and honour, I should, under my present situation, be very miserable. Nevertheless, I feel, Sir, very keenly that want of that countenance from Lord Bathurst, which my late pecuniary sacrifices, and my painful sufferings has led me to expect. However I still hope that his Lordship is too just to withhold from me some reward for the important services which I rendered to my country as detailed in Captain Clavel's certificate, which I had the honour to transmit to you on the 5th.

But whilst I indulge a hope, Sir, that a consideration of that Public Service alone will dispose Earl Bathurst to reward me with a Colonial appointment, I have presumed to think it will be satisfactory to His Lordship to be informed that his Royal Highness the Duke of Clarence is my friend. I have taken the liberty of enclosing one of his letters to me for your perusal, and which I shall feel greatly obliged by your returning, but I shall feel more so, if you will be pleased to inform me whether any objection exists to my receiving a Colonial appointment, as I am unwilling to trouble the Duke of Clarence unnecessarily and would rather prefer receiving an appointment from Lord Bathurst as a reward for the service I rendered my country, than as the mark of private patronage, for I conceive that his Lordship's feelings would be gratified in the former case; and my character as an officer would be exalted by the honour of his Lordship's notice

I have the honor to be,

Sir,

Your most obedient

and very humble servant

James Hall

Surgeon

To

R, Wilmot Horton Esq M.P.

JAMES HALL to LORD BATHURST

22 Arundel Street, Strand

August 19th 1823

My Lord

I beg leave most respectfully to address you upon the contents of a letter dated 18th instant which I have had the honour of receiving from Mr Wilmot Horton in which, with infinite surprise and deep regret, I find myself charged by your Lordship with 'having engaged too much in the local and political disputes of New South Wales'.

Although My Lord, I heartily thank you for your candor in having made known to me the cause which brought upon me and my family the effects of your Lordship's displeasure, yet I lament that it has fallen to my lot to be judged unheard, and to be punished undeservingly.

I am constrained to believe that your Lordship had received such representations respecting my conduct at New South Wales as made on your mind impressions highly injurious to my character. But I rely with confidence on a hope, that the time will arrive, when truth and justice, by prevailing over perjury and wickedness of convicts, shall clearly show my character to your Lordship.

But as my silence under the heavy charges which have been brought against me, might induce you to consider it as a proof of my guilt, I conceive myself called upon to defend my honour and my public character and in doing it I presume to hope it will meet your Lordship's wishes.

I beg leave my Lord to presume that what I did at New South Wales was that which was in strict conformity to my instructions from the Navy Board, and according to the routine of His Majesty's service but by doing which I have fallen a sacrifice to the wickedness, and perjury of an ungrateful wretched felon, whose well told pitiable narrative excited both my benevolence and my charity.

I do now solemnly assure you, my Lord, in reply to the charges which have been alleged against my character, that at no time, nor at any place, nor with any person or persons at New South Wales did I ever engage in, or concern myself with any local or political disputes whatever.

I beg leave, therefore, most respectfully to solicit your Lordship, to be pleased to honor me with an audience and thereby afford me an opportunity of doing justice to my character.

I have the honour to be, My Lord, with most profound respect,

Your Lordship's

Most Obedient

And very Humble servant.

James Hall

Surgeon Royal Navy

To

The Rt Hon'ble

Earl Bathurst K.G.C.B

JAMES HALL TO WILMOT HORTON

22 Arundel Street.

August 20 1823

Sir,

In the note which I had the honour of receiving from you, dated July 16th I had the pleasure of being informed that 'Earl Bathurst did not in the least degree recommend that I should not be employed'; this mark of his Lordship's goodness was very gratifying to me; but since I have been informed that his lordship cannot give me a Colonial appointment, I am apprehensive that his Lordship's displeasure against me has been communicated to Sir Byam Martin and therefore I may in vain continue my application to him for another convict ship, notwithstanding the expectations which your note holds out to me. I have taken the liberty, Sir, to point out my apprehension to you, because I cannot yet believe that either Lord Bathurst or yourself would intentionally oppress and ruin an already much injured man, who has the misfortune to be charged with faults, that he can prove that he never committed.

As a female convict ship is now taken up by the Navy Board, I am desirous to obtain the appointment to her, in order to benefit my family and I beg leave also to add that I am equally desirous of an opportunity to show Lord Bathurst that in the event of my again visiting the colonies I will take care that my conduct will in every way be agreeable to your Lordship's wishes.

I therefore beg leave, Sir, to entreat you to have the goodness to free me from my present state of painful anxiety, by allowing me to return to that public employment under the Navy Board in which I was engaged, and of which I fear, I have been deprived in consequence of my having unfortunately and innocently fallen under Lord Bathurst's displeasure.

I have the honor to be,

Sir,

Your Most Obedient

and very Humble Servant

To

R. Wilmot Horton Esq, M.P.

JAMES HALL to LORD BATHURST

22 Arundel Street, Strand

August 28, 1823

My Lord,

I beg leave most respectfully to solicit your Lordship's attention to the subject of the letter which I had the honor of writing to you on the 19th inst. A subject which you, my Lord, will, I trust, candidly allow to be of grave importance to me, in as much as it involved my veracity as a man and my honor as an officer in His Majesty's service. I wish not to be troublesome; and gladly would I have refrained from writing so much as I have done; But seeing myself charged with crimes, which a host of respectable witnesses are ready at this moment to prove I did not commit; and feeling the serious effects of an unjust punishment, reason urges me to believe that your Lordships displeasure towards me can only have arisen from some misrepresentations which, if removed, their consequences would cease. I do not solicit you, my Lord, to honour me with either a Colonial appointment, or a recommendation to the Navy Board, because your feelings might, perhaps, when added to the considerations that I am a stranger, dispose your Lordship to take umbrage from such requests being made by me; but knowing the high character which I have required at the Navy and Victualling Boards after servitude of sixteen years, I trust your Lordship will do me the honour to withdraw any restraint that opposes my being employed by the navy Board.

I have, My Lord, suffered much anxiety and am still suffering because I know no way by which I can demonstrate to you my innocence, other than that which I already have the honor of soliciting from your Lordship. But in addition to much mental suffering, I have suffered some pecuniary loss, and this will be considerably increased should I eventually be obliged to revisit the Colony as passenger on board a merchant Ship, for when I was at van Diemen's land I purchased stock by permission of Lieut Governor Searle from an intention of ultimately settling my family in that Colony. In the event of me returning to New South Wales, I beg to assure you, My Lord, that neither local nor political disputes shall in any way engage my attention. - I do therefore most respectfully solicit your Lordship to intimate to the Navy Board that you have no objection to my being appointed to another Convict Ship

I have the honour to be,

My Lord

Your Lordship's most Obedient

and very humble Servant

James Hall

Surgeon R N

To

The Rt Hon'ble

Earl Bathurst K.G.

By Editor: The reverse side of the last page of this letter has the following minute added, either by Lord Bathurst or Wilmot Horton.

"I think there would be no objection to him being appointed to another convict ship providing it was bound for Van Diemen's Land."

JAMES HALL TO WILMOT HORTON

22 Arundel Street, Strand.

September 12th 1823

Sir,

I beg leave most respectfully to draw again your kind attention to my very peculiar and painful situation. In the note which I had the honour to receive from you dated August 28th I was informed that Lord Bathurst 'did not consider it necessary to see me'. I am therefore most anxious to learn whether his Lordship will, in justice, allow me a public opportunity to prove my innocence of the extraordinary charges which have been alleged against me; and which reflect so seriously upon my character as an officer in His Majesty's Service: As an officer is now in London with whom I lived when at New South Wales, whose affidavit I will procure and most gladly transmit with my own, if Lord Bathurst deems it necessary.

I beg leave to assure you, Sir, that his Lordship's feelings would irresistibly urge him to admit that my case has been one of extreme injustice and inhumanity; were a public inquiry to be made into it, and for myself I should have the pleasure of proving that nothing was done by me at New South Wales worthy of his Lordships heavy displeasure; the effect of which I and my family do now feel. But being persuaded that Lord Bathurst will, ere long, be assured of my innocence. I only earnestly request you will have the goodness to solicit his Lordship to remove from the Navy Board the restraint which prevented Sir Byam Martin from appointing me to a Convict ship, as I am convinced I shall never obtain employment as long as it is understood that Lord Bathurst is unwilling to allow me to return to the Colony.

I have the honor to be, Sir,

Your most obedient

and very humble servant

James Hall

Surgeon

To: R. Wilmot Horton Esq M.P.

JAMES HALL to WILMOT HORTON

22 Arundel Street

September 30th

Sir

I have the honour to acknowledge the receipt of your letter of the 22nd instant, in which you inform me that 'Earl Bathurst will oppose no objection to my being appointed to any Convict ship proceeding to Van Dieman's Land' - by this limitation I perceive, that all my exertions to remove from his Lordship's mind the impressions that have been made on it, to my very serious injury, have failed, and that he still considers me guilty of 'having engaged in local and political disputes at New South Wales'. As I have offered to adduce affidavits and bring forward witnesses in proof of my innocence of these wicked and calumnious charges; I beg, Sir, you will be pleased to convey to his Lordship my deep regret that he thus allows an innocent and much injured officer to fall victim to superior power and resentment. For his Lordship, I presume, is aware that Convict ships seldom go to Van Dieman's land only, therefore my hopes of employment are nearly as distant as they ever were. I also request, Sir, that you will do me the honor to recall Earl Bathurst's attention to these points, namely that all the colonists were strangers to me, notwithstanding which my conduct was approved of by his Excellency, the Governor, by the judges and magistrates and all good men; as can be shown by the public documents now in my possession, and by the testimony of Captain King and many other respectable persons in England. Notwithstanding the cruelty and injustice with which I have been treated for having endeavoured to procure the public good, in obedience to my orders, it will ever afford me joy when I reflect that my conduct received the approbation of all honourable men, and this will always stimulate me to discharge my duty conscientiously and zealously any orders that may be entrusted to me.

I beg leave, Sir, to entreat you to be pleased to accept my sincere thanks for your very polite attention to my case and for you kindness in having laid before Lord Bathurst; and whilst I deeply grieve over my misfortune in having innocently fallen under his Lordship's displeasure. I am cheered by a hope that truth and justice will ultimately be triumphant.

I have the honor to be,

Sir,

Your most obedient

and very Humble Servant.

James Hall

To R. Wilmot Horton Esq

M.P.

By Editor: The following minute, almost certainly by Lord Bathurst, is attached to this letter.

"He may be told, whether intentionally or not, he has in effect mixed in the local political disputes in N. S. Wales and that his early return there is to be avoided, but that shall not object to him returning after a reasonable lapse of time, provided I hear nothing against him in the meantime."