who has transferred it to others, so that it is now in the possession of the present owner (Field Cornet Ernst Marais) who has cultivated it nicely.

Having thus premised my general ideas in regard of the loan places in the Colony, I shall now answer the question what form of tenure would in my opinion be most desirable to be hereafter adopted, bearing in mind that the permanent interest of the Settlement is the object which His Excellency means strictly to keep in view.

The permanent interest of this Settlement in regard of land or places consists in nothing else more than in the proper cultivation of grounds or in making such use of the land as circumstances will admit of.

When we compare the immense extent of ground possessed by the farmers with the present population of the Country we are then soon convinced that cultivation of all the places cannot at present take place, nor even in many years to come. Time, and increase of population, will bring this about.

Therefore part of the places will be cultivated, and the greatest part must from the very nature of things for the present remain as pasturage and for cattle only, cultivation will take place in the neighbourhood of the town, in the vicinity of villages or of Bays where there is a navigation, and therefore a consumption or demand. This of course is the only inducement for cultivation.

Consequently the best form of tenure for places or ground thus situated should be freehold, because in this instance it joins the interest of all parties. The owner gets the return for his labour, Government gets the tithes or other duties either from the produce or from the transfer of such places upon the amount of a daily increased value, and the public has the advantage of getting a good market and being amply provided with every necessary article.

Places on the other hand situated so as to be only cattle places should, in my opinion, have no other title provisionally but that of loan places, because places for cattle require more extent of ground than arable land (Bouwplaatsen).

In such manner I think loan places should fluctuate till such period as Government may find it advisable from time to time to make such alterations as the circumstances of the Colony will require. As for instance, in the event of more villages being

established in the Colony, then by commuting a loan place or places in the vicinity into Freehold, and then by granting such part to the possessor of the loan land as might be found advisable, reserving the remainder for others.

These are the instances that I should suppose Government might from time to time with safety resume loan places and commute the same into Freehold, in order to be brought into proper cultivation as founded upon the principle that the permanent interest of the Settlement at large is the object which is strictly to be kept in view.

It being understood, whereas the cultivation of land constitutes the real interest of the Colony, that by granting any land in freehold provision should be made for it, and strictly followed up by stipulating that the land so given in freehold should be brought into cultivation within a certain time under penalty of forfeiting the same to the immediate disposal of Government in favor of others.

And as to the latter part of your said letter, that on account of the present vague, and uncertain tenures, particularly that of the loan lease, I should state my opinion upon the practicability and expediency of making such alteration as will give the holders a complete property therein upon terms of mutual advantage to the Government and the parties.

This I must confess is a point of the highest importance, feeling that I am by no means equal to it I should rather have wished to be excused, for fear of committing errors which I at present may not be aware of; however as it is His Excellency's desire, I shall with all the embarrassment I entertain, and with due reference to a better judgment, beg leave to state my sentiments, as they are, on the subject.

Once the question was put to me whether it would not be an advantageous measure for the Colony if all the loan places were given to the possessors in Freehold? and my opinion was in the Negative, for the following reasons.

First, the scanty population in this Colony in comparison to the immense extent of waste ground to be at once given away in freehold.

That the entire alienation of all the loan places in the Colony would in a moment decide all the doubts in existence upon the present tenure of loan land, so that Government would be at once

deprived of the remainder of that right of reservation of which she, in some instances, and for urgent reasons to the advantage of the public, might find occasion to make a prudent use of, a measure therefore which I thought would even in 100 years to come bring the rulers of Government into great obstacles in a fair distribution of landed property according to circumstances of the time and the wants of an increased population.

That even if Government had kept up the original tenure of loan leases without innovations by subsequent measures on behalf of the possessors, even then, in my opinion, there would not be the least fear that Government should act with illiberality and take advantage of its power to oppress any holders of loan land, providing they act according to law and fulfil the obligations they are under.

To all these reasons I must in some degree at present also adhere, and therefore say that I am at a loss to find out any expedient for such an alteration as would give the holders of Loan Leases a complete property therein upon terms of mutual advantage to the Government and the parties for fear of tying the hands of Government in a manner which hereafter would be found prejudicial to the real interest of the community at large.

My humble opinion therefore is, that in general no alteration should be made in the tenures of loan places, but that for the present the same should be continued.

But I speak in general, and this is not without exceptions.

Under such exceptions I would comprehend loan places which have already been cultivated. And therefore, in order as much as possible to encourage the cultivation of waste land, which meets the intentions of His Excellency the Governor and Commander in Chief, I find not the least hesitation in recommending the following measure.

That from time to time to such holders of loan places as have brought waste land into cultivation, such part of said land, not exceeding a certain extent (say 80 or 100 morgen or thereabout) should be granted them in freehold, under the payment of such a sum for an acknowledgment to Government as might be found reasonable, with the exception in such case of all the springs of water of the place, which should be reserved to the loan land, and for future disposal if necessary, even altho' the loan lease upon the remainder is continued, provided, however, that the proprietor

of the freehold should have the proper use of the Springs in such a manner as the extent of his ground and his circumstances would require.

For the rest I found nothing to be so advantageous to the present object in view than the division of loan places among Parents or Partners. This is done now underhand, and should, I think, be publicly registered and countenanced on the part of Government, provided that every divided portion should become a loan place upon itself with fixed boundaries and paying the same loan duty as other places.

This being the outlines of my sentiments upon the important questions put to me, which having observed His Excellency the Governor and Commander in Chief's desire that they should be answered as soon as convenient, I have put down here in the country, without having been able to consult any document relating to it, I therefore hope His Excellency will grant me the indulgence of excusing the insufficiency of the contents of this letter to the importance of the subject treated therein.

Letter from SIR JOHN CRADOCK to the EARL OF LIVERPOOL.

GOVERNMENT HOUSE, CAPE TOWN,
January 27th 1812.

MY LORD,—I take the earliest opportunity to acknowledge the receipt of your Lordship's dispatch No. 9 relative to the accounts transmitted from this Colony by the Missionaries Messrs. Vanderkemp and Read.

It will be my most anxious duty to forward to your Lordship the full result of the measures that had been adopted by my predecessor, the Earl of Caledon, upon the first moment he was made acquainted with the charges in question; and in the meantime I transmit to your Lordship copies of the several communications his Lordship had directed for the most rigid enquiry upon

subjects of so serious and interesting a nature to humanity, and the character of this Colony and its Government.

By these documents your Lordship will observe that I have only to follow the measures already in course, and I feel it is almost unnecessary to add that the whole activity and zeal of this Government will be exercised in the further discharge of so solemn an obligation.

I fear however I must anticipate considerable delay before a satisfactory conclusion can be established, as the charges have been brought forward in a very confused and unsupported state, and from the length of time to which they extend, and the different Governments, Dutch and English, they embrace, it is very difficult to separate what may be a proper subject for investigation from that which from its nature it is impracticable at this distant period to examine with any chance of beneficial effect.

I have only to add at present that the principal Missionary Mr. Vanderkemp died within this month. I have &c.

Letter from SIR JOHN CRADOCK to the EARL OF LIVERPOOL.

GOVERNMENT HOUSE, CAPE TOWN,
January 28th 1812.

MY LORD,-Being restricted by My Instructions from remitting any Fine beyond the sum of £10, I am constrained to lay before your Lordship a case that may appear to claim a favorable consideration.

As the fullest Explanation of Mr. Venables' situation, I submit to your Lordship the several Memorials he has presented to this Government, and I also annex the Legal Proceedings, as set forth in an Appeal he had presented to the Court before my Arrival; but which he withdrew under the Hope that his Case might be viewed with Indulgence, without the Necessity of such a Measure.

The whole Transaction occurred before my Arrival, and I have therefore to principally rest my Judgement upon the same Papers as I now transmit to your Lordship.