Angas and Special Survey No. 2, Port Lincoln (3)

On November 6, 1840, McLaren advised C. Sturt, Assistant Commissioner, that he was taking up 4,023 acres in Lyndoch Valley by virtue of 30 preliminary land orders and would exercise his right to take up extra acreage there, and on the 23rd of the same month advised that section Nos. of the extra sections totalling 1,268 acres on account of transfer from Port Lincoln.

By this time Angas, in England, realised he required a straightout representative in South Australia, as he sent out A. Forster. A copy of his instructions, as far as concerned Port Lincoln were given in the 'Port Lincoln Times,' March 16, 1939. Therein a William Smith is referred to. It can now be said that this Wm. Smith was a brother to Matthew Smith. He had a lengthy correspondence with Angas from Port Lincoln and Adelaide. In the old country, his grandfather, father and himself, had much business transactions with An gas. Among other things he was instrumental in getting Angas to send out J. Brown to South Australia. There were many J. Browns, but there is little doubt that this particular one, is the one murdered by the natives in 1842 near Mount Gawler. It would be the same Wm. Smith that accompanied Hawson and others up the Tod Valley in October 1839. The London office of the S.A. Coy. was not too well pleased with Mc Laren's action regarding surrendering the Boston Bay lands, for Wheeler, the manager there, wrote on Decem ber 1, 1840 :

"We are apprehensive that the Port Lincoln survey will involve us in much trouble and unpleasantness unless it be clearly established that you had the full concurrence, of the authorised agent for the other half. The documents apparently show that you are acting in conjunction with Mr. Rowlands, whom we presume to be empowered to represent Messrs. Angas and Flaxman but Mr. Angas seems disposed to deny this and to consider that you are acting on your own responsibility," and further he said that Angas apprehends great difficulty in reconciling them (his purchasers) - to the alteration. Town lots being held out as a strong inducement. Angas endeavored to get Flaxman's assistance in unravelling the tangled skein. He wrote on December 10, 1840 :

"I regret to say that the most serious and alarming consequences are likely to be the result of the disappointment which has, it seems, arisen in the lands bought in conjunction with the S.A. Coy. proving upon more minute investigation to be of little or no value. People in this country cannot understand how this can be, and naturally suppose some unfair advantage has been taken by them by the representation you gave of the said lands, on which representation I sold some parts of that special survey in this country. On this subject I am pressed and that very closely and fear it will lead to appeals to law, unless some satisfactory information, is given upon the matter. ... I shall thank you to put me in possession of the best information you can to prevent these ruinous consequences."

In a P.S. he refers to Rowlands dilatoriness in business, no message have come to hand. "In fact it seems that Rowlands has made up his mind to write no more to me or the house, if one may judge from the past months of sullen silence. Is it any marvel that any mind is exceedingly hurt by such conduct."

Rowlands had been a partner in business with Flaxman and there were one of the quasi representatives. They had been set up in business by Angas. McLaren was still nibbling at the exchange. On December 29, 1840, he wrote to Sturt that he was taking 21 sections totalling 1,620 acres at the sources of the Torrens and the streams and tributaries, by virtue of transferring from Port Lincoln. He had now taken up the full 4,000 acres in lieu of those originally claimed at Port Lincoln.

To summarise : — In the special survey sources of the Onkaparinga 1,117, in the special survey Lyndoch Valley 1,263, in the special survey sources of the Torrens 1,620 ; total 4,000 acres. Under date September 2, 1841, the interim manager Wm. Giles advised A. Forster, Angas' attorney, the section numbers set apart for Mr. Angas, being 400 acres in the Lyndoch Valley survey and the 1,620 acres in the sources of the Torrens. I have not worried to trace how the additional 20 acres were dealt with. H. Hughlings on January 6, 1841, voiced the sentiments of his friends, as to the long delay in arriving at a settlement and in reply Angas stressed the value of the Barossa Range lands as compared with Port.

"My desire," he said, "is to do justice to all, but not to forget that I must also have justice done to me ; in which I doubt not you will concur. How many, do you think, of your friends will come into the arrangement to take land at the Barossa and at what price, for the extra lands suggested ?"

Frequent mention has been made of the special surveys at the Barossa Range. The subject is too large as well as outside this history, but it is necessary to say that Flaxman took up seven special surveys totalling 28,000 acres in addition to the 2,000 at Port Lincoln. Wished them all on to Angas without asking his authority or whether he had funds in hand or available to meet such a heavy commitment. Then when Flaxman arrived in England he tried to bargain with Angas for a proportion of the surveys. No arrangement could he come to so Angas put the affair in to be handled by an arbitrator who made an award on January 9, 1841. Angas in advising A. Forster, then in Adelaide, or enroute thereto, said "It is now with unfeigned gratitude to God and with much satisfaction that I forward you a copy of the award made by Mr. Thomas Roberts by which I trust that all disputes existing between Mr. Charles Flaxman and myself will be terminated." Flaxman was going out again to South Australia and Angas said they parted on "friendly terms."

In reading the following one must keep in mind that Angas had paid up the full value, plus interest, of the Boston Bay lands, while Flaxman had contributed £320 pert " [?] advice. The portion of the award relating to Boston Bay were : — "1st. Awards that 3/4th belong to G.F.A. of the Boston Bay lands and 1/4 to C. Flaxman, and in any other lands that may be substituted for them. 2nd. The expenses to be borne in same proportion. 3rd. Admits that G.F.A. has paid the whole cost of the purchase money. 4th. That C.F. owes G.F.A. for 1/4 of the said purchase £512 2/6 and awards it to be paid in London with interest, from Jany. 27, 1840. 5th. Awards that C.F. has paid £320 19/7 for expenses on the Boston Bay lands. 6th. That G.F.A. owes C.F. of this sum £240 14/8 to be paid in the colony with Colonial interest from June 7, 1839, being G.F.A's. share of £320 19/7. 7th. Directs G.F.A. to execute a conveyance of the 1/4 share in the Boston Bay lands, providing C.F. first pays him 1/4 of purchase money in London. 8th. The proprietors thereof, 3/4 to G.F.A. and 1/4 to C.F. . . . . 33rd. Awards the division of the 26,000 acres left unsold of the seven special surveys shall be made upon the principle and in accordance with the agreement made at Manchester June 9th, 1840. The award is dated January 9th, 1841. (Signed) Thos. Roberts."

That was the accepted intention of a friendly settlement between the two, doubtless there would be many vari tions before the deal was finally closed.

In a letter to Forster on January 14, 1841, Angas said inter alia : — "The persons who purchased the 2,000 acres off me in England at Boston Bay, have demanded a return of the money, nearly £8,000 with interest because the S.A. Coy. have failed to deliver to me the lands at that place and they are not willing to take the lands at the place where the S.A. Coy. are intending to take theirs in exchange for the Boston Bay lands." Still he was in hope that these purchasers could be persuaded to take an exchange in the lands, therefore two special surveys designed for a town should be reserved from sale by Forster.