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shew me his passport from the Admiralty; and when it was found and I had perused it, offered mine from the French marine minister, but he put it back without inspection. He then informed me that he had spent some time in examining the south and east parts of Van Diemen's Land, where his geographical engineer, with the largest boat and a boat's crew, had been left, and probably lost, In Bass' Strait Captain Baudin had encountered a heavy gale, the same we had experienced in a less degree on March 21., in the Investigator's Strait. He was then separated from his consort, Le Naturaliste ; but having since had fair winds and fine weather, he had explored the south coast from Western Port to the place of our mecting without finding any river, inlet, or other shelter which afforded anchorge. I inquired concerning a large island, said to lie in the western entrance of Bass' Strait ; but he had not seen it, and seemed to doubt much of its existence.
• Captain Baudin was communicative of his discoveries about Van Diemen's Land; as also of his criticisms upon an English chart of Bass' Strait, published in 1800. He found great fault with the north side of the strait, but commended the form given to the south side and to the islands near it. On my pointing out a note upon the chart, explaining that the north side of the strait was seen only in an open boat by Mr. Bass, who had no good means of fixing either latitude or longitude, he appeared surprised, not having before paid attention to it. I told him that some other, and more particular charts of the Strait and its neighbourhood had been since published ; and that if he would keep company until next morning, I. would bring him а
with a small memoir belonging to them. This was agreed to, and I returned with Mr. Brown to the Investigator.
• It somewhat surprised me, that Captain Baudin made no enquiries concerning my business upon this unknown coast, but as he seemed more desirous of communicating information, I was happy to receive it; next morning, however, he had become inquisitive, some of his officers having learned from my boat's crew that our object was also discovery. I then told him, generally, what our operations had been. --- At parting, Captain Baudin requested me to take care of his boat and people, in case of meeting with them; and to say to Le Naturaliste, that he should go to Port Jackson so soon as the bad weather set in. On my asking the name of the captain of Le Naturaliste, he bethought himself to ask mine ; and finding it to be the same as the author of the chart which he had been criticising, expressed not a little surprise ; but had the politeness to congratulate himself on meeting me.'
• I have been particular,' adds Captain Flinders, . in detailing all that passed at this interview, from a circumstance which it seems proper to explain. Mons. Peron, naturalist in the French expedition, has laid a claim for his nation to the discovery of all the parts between Western Port in Bass' Strait and Nuyt's Archipelago ; and this part of New South Wales is called Terre Napoleon.' Against this claim, Captain Flinders produces clear evidence of discoveries having been made within that extent of coast by Captain Grant in the brig Lady Nelson, before the French ships Naturaliste and Géographe sailed from France; and also of the priority of his own discoveries. Indeed, shortly after the meeting of the Investigator and Le Géographe at sea, they again met at Port Jackson, where the prior discoveries of the English on the south coast were generally acknowleged by the French officers as well as by others. «How, then, Captain Flinders demands, came M. Peron afterward to advance what was so contrary to truth? Was he destitute of principle? My answer is, that I believe his candour to have been equal to his acknowledged abilities; and that what he wrote was from over-ruling authority, and smote him to the heart; he did not live to finish the second volume. The motive for this aggression I do not pretend to explain. It may have originated in the desire to rival the British nation in the honour of completing the discovery of the globe; or be intended as the forerunner of a claim to the possession of the countries so said to have been first discovered by French navigators.'
Rightly did Captain Flinders judge that the act of M. Peron was forced on him by over-ruling authority, and it is to be regretted that the conspiracy to deprive the navigators of this country of their fair claims had not been laid open during the life-time of Captain Flinders, that he might have had the satisfaction of witnessing the exposure of pretensions which, it appears, were made by order of the late Emperor of the French. It must, however, considering the grasping genius of that ruler, be deemed an unusual degree of moderation in him to have required only a part of New Holland for a Terre Napoleon.-Captain Flinders, however, lived but just long enough to superintend the publication of his voyage, and it is probable that this sedentary employment, which was much increased by the most assiduous application to bestow on his charts (of which we shall speak hereafter) every correction in his power, combined with the hardships encountered in his voyages and in a long captivity to terminate his life at an early age. The detection and exposure, of which we speak, occur in a letter written by M.Malte-Brun, editor of a periodical publication on voyages, and author of other geographical works; which was inserted in the Journal de Paris of the 15th of December, with the significant introductory title, “ Sur Le Plagiat Impérial, rélatif à la pretendue Terre Napoleon.” The information communicated by M. Malte-Brun is that M. Peron, who drew up the narrative of the French voyage, and M. Freycinet the first lieutenant of the Géographe, to whom was entrusted the construction of
the charts, received directions from the Minister of the Marine as to the manner in which they should advance the pretensions of their voyage to the first discovery of a tract of 250 leagues extent on the south coast of New Holland; and that, in consequence of these instructions, The Imperial family, the Institute, the French Admiralty, in a word, the half of the Imperial Court Kalendar, figured upon this coast, to which was also assigned the general name of Terre Napoleon.'
It might be sufficient to say that a transaction of this nature is not in the least justified by the circumstance of France being at war with this country. As, however, we have gone thus far into the subject, we are urged to proceed by the consideration that a tract of the south coast of New Holland yet remains, which was first seen by French navigators. Setting aside in the present case all questions respecting the honours attached to discovery, we will attend to the possibility suggested by Captain Flinders, that the aggression of M. Peron might have been designed as the fore-runner of a claim to the possession of the countries said to have been first discovered by the French. This consideration necessarily leads to an inquiry into the rights acquired by the discovery of lands before unknown ; and first, to avoid too wide a discussion, we shall briefly reduce the question to the particular points that are applicable to the case before us.
According to moral intelligence, a land found with inhabitants cannot be said to be then first discovered ; and all claims, which involve a right of possession advanced on such a pretension, are usurpations. Strictly speaking, only uninhabited lands, and such as were not before known to man, can be first discoveries : but, according to the political maxims as well as the phraseology of Europeans, by the term First Discoverer is understood the Europ an who finds a land which before was unknown to Europeans. We do not say this fanatically, or in any spirit of cant; nor do we mean to advance that Europeans are of a more usurping disposition than the rest of mankind : but we would set the matter in its proper light. It is the nature of human existence in this world that knowlege is power, and power will have dominion; and with respect to the New Hollanders, Europeans have few, if any, sins to expiate. It is true that New Holland was found inhabited: but, excepting the northern parts, the number of inhabitants was so sniall that the land occupied by them cannot be supposed to amount to one thousandth part; and the state in which they were found was so wretched, that benefit, not injury, may reasonably be expected to accrue to them from the settlement of Europeans in their country. The southern parts of New
open to all.
Holland, or Terra Australis, may therefore be considered with respect to any claims of Europeans as uninhabited land.
The Hollanders were the first European discoverers of a great part of the coasts of three sides of this land; and it is consonant both to reason and to custom that an exclusive right of occupancy shall be vested in the first discoverers: but not indefinitely. If neither occupancy nor intention of occupying follows t).e discovery within a reasonable time, the exclusive right gradually abates, and at length expires; because, otherwise, a large territory might be in perpetuity locked up from the use of mankind. Nearly two centuries had elapsed from the first discovery of the Terra Australis by the Hollanders, and a century and half from their discovery of Van Diemen's Land, without any settlement or indication of intention to form a settlement being made by them when Captain Cook discovered the eastern coast; and, subsequently, several years passed, during which the Terra Australis was wholly unnoticed as to any scheme or intention of colonization, by the nations of Europe : consequently, it lay
At length, Great Britain made the first European settlement, on the eastern coast, which she followed with other settlements on the southern coasts, whence has arisen a new order of rights.
In considering a land as unoccupied, and open to the first comer, it might seem that, when possession is taken of a part, the right to the remainder would continue the same as before: but entries into possession are cases of too complex a character for this to be admitted as a general rule. In small territories, and in some of considerable extent, the actual possession of a small part is respected as comprehending a right of possession to the remainder. This extension of right beyond the portion which it may be convenient to occupy is often essential to security, and chiefly on that principle it ought to be regulated : but, when the taking possession of unoccupied land by one people does not affect the security of another, it would be unust, because unreasonable, to obstruct the entry: On the other hand, it must be held that, when the formation of new settlements would be productive of insecurity to settlements already established, the party threatened with such injury is required to seek and to use means of prevention.
Such appears to be the case with the British settlements in New South Wales and on Van Diemen's Land; they being so situated that, if any other nation were to form establishments on Van Diemen's Land, or on the south coast of New Holland, the communication of the British colonies with the mothercountry would in a great measure be interrupted, and their sup,
plies cut off, whenever war prevailed between Great Britain and the nation to which the new establishments belonged.
Early in May, 1802, "the Investigator reached Port Jackson, where she found at anchor the French ship Le Naturaliste. The long boat of the Géographe had also arrived in safety at Port Jackson, and shortly afterward that ship likewise anchored there.— A green-house, the frame of which had been prepared in England, was here fitted up on the quarter-deck of the Investigator, for the reception of the plants which might be deemed worthy of a place in his Majesty's botanical garden at Kew. - Captain Flinders remained twelve weeks in this port, at which period his first volume concludes; and here also we shall close the first part of our remarks.
[To be continued.]
ART. V. Mr. Dyer's History of the University and Colleges of
[ Article concluded from p. 59.] WHIL
HILE the first of these volumes which we have already
noticed treats of the academic body collectively, the second, on which we now enter, gives an account of its constituent parts; the one containing a history of the University as a whole, the other of each college separately; and the latter not only being twice the bulk of the former, but equally exceeding it in interest. This variation is in itself doubtless a trivial matter, but appears in a different light when considered as arising from faults in the plan of the work. Had the author treated more of the literature and the studies of the place in early days, and given a fuller account of them in times more modern, the first volume would have been of more respectable dimensions; while, by another improvement in the plan, which we shall hereafter point out, the second might have been considerably diminished, and thus the volumes have been rendered nearly of an equal size.
Each college forms a separate article, and is the subject of a. distinct account; in which are stated, the date of its foundation, short notices of its founder, and of its principal benefactors and most distinguished members, with accounts of any circumstance that is particular in its constitution or administration, of its buildings, library, and grounds. The colleges are introduced according to the order of time; whence PeterHouse, as being the most antient, stands first.
This college was founded in 1294, by Hugh de Balsham Bishop of Ely. In the list of distinguished members of this