Volume 03: Letters of John Macarthur to his sons, 1815-1832

directed by the Patent had been given – All I know relative to the affair is, that fourteen days after the Governor had given judgment the decree of the Supreme Court in my favour with an award of Costs – my Attorney was informed that the appellant had offered Bail for the amount of the costs should the Governor's decree be confirmed in England: the communication was from the then Clerk to Major Goulburn, as follows and was imparted to my Solicitor Mr Rowe, by Mr Norton the opponent – by transmitting to him the Clerks note as follows Dear Sir Major Goulburn says that if Mr Rowe will commit in writing to the terms and parties to this Bond, he will submit it to the Governor as the Charter states it is to be approved by him. Yours truly J Atkinson

To which Mr Rowe replied "I am instructed by Mr Macarthur to object to the Competency of the parties above propsed, particularly as the Charter requires that Security should be given in Cases of appeal to this

Majority in Council in double the amount of the debt or thing in demand claimed and the costs incurred Thomas D Rowe, Respondents Solicitor

From the period of my receiving this from Mr Rowe I heard no more of the suit, and I made no stir myself being desirous the Suit should rest until the arrival of Mr Forbes as I felt myself very unsafe with such an Attorney as Mr Rowe (an ignorant debauched fellow) and was in hopes I might prevail upon Mr Forbes to advise me the affair being disposed of from the Supreme Court.

But as I instructed Mr Rowe, not only to insist upon security being given to the amount provided for by the Patent, but also to contend that the parties had forfeited their right to appeal not having lodged their appeal within fourteen days. The time they gave notice of an intention to appeal on the 13 or 14th day, but they did not make the appeal, and I contended that giving notice was not appealing – the appeal ought to have

been lodged – I am sorry I cannot send you the exact words of the Patent – but you can doubtless see it in Downing Street.

From what information James has been able to collect. our Dictator the Council Secretary has assumed the authority of taking security for Six Thousand Pounds, without any reference to the Patent, or communication with me, and I have no reason to believe any appeal has been lodged here – no doubt Sir Thomas Brisbane has approved the Secretary's act, – but I should hope neither of them have powers to set aside the Patent, which distinctly states, that either party appealing must give security for twice the amount deed for, and the sum deed for was, 20,226 pounds – consequently the security given ought to have been 40,452 pounds – This certainly appears very absurd – but as it is so expressed I should imagine it must be compensation and I have an undoubted right to avail myself of it.

I shall take immediate measures to inform myself what steps have been taken and transmit you all the information I can collect by the first ship. In the mean time

I doubt not but you will find the means to prevent any unfair advantage being taken by my opponent - and in fact, I should suppose, that if no appeal hs been lodged here within the fourteen days, and the required Securities not been made, all right to appeal is for ever gone by. But of this you will be able to decide and avail yourself of it - at all events I cannot suppose there will be any difficulty in suspending the hearing the case until I have time to obtain official information of the steps that have been taken and to transmit it to you.

I have scrawled this in great haste because James must return immediately to Sydney to get on Board the Brighton as she sails at daylight to morrow.

Your Affectionate Father

John Macarthur

Parramatta 30th June 1823

Parramatta 30th June 1823