Erith, James Thomas

Nov\r/ 14\th/ 1820 /
To His Excellency Major Gen\l/ Sir Rufane Shawe /
Donkin Knight Commander of the most Honourable order of /
the Bath Acting Governor and Commanding in chief his Majestys /
forces at the Cape of Good Hope 7+c 7+c 7+c /
The petition of James Thomas Erith most humbly /
Sheweth /
That your Excellencys petitioner when residing /
in his native country applied to His Majesty’s noble Secretary of /
State for the Colonies to obtain a grant of One thousand Acres of /
Land in this part of the British Dominions and which was readily /
complied with. and in consequence thereof your petitioner engaged /
Nine Servants for the term of three years on liberal wages and who /
embarked with him on board the Brilliant, but while on their /
voyage they behaved in a manner towards your petitioner /
(without any real cause) which could not fail to excite in his /
mind the most painful sensations, the particulars of which, he /
will not now however trouble your Excellency with /
That your petitioner having reached the shore /
at Port Elizabeth, their conduct became very turbulent inas=much /
as during their journey from thence into the interior of /
the country they threatened to throw out his property from the /
very Waggons which had been furnished him on the credit of his /
own deposit and take full pos+ses+sion thereof, and when he insisted /
on his own /articles\ being properly secured after some of them had fallen out /
on the road, one of them struck him a violent blow and put himself /
in the attitide of a pugilist, but which your petitioner endevour=ed /
to bear; with as much patience as pos+sible thinking that /
when he arrived within the precincts of a Drotsdy, he should /
(as a peaceable and loyal subject of the British Sceptre) meet /
with the same protection and redres+s as if he had been on the /
favoured shores of England, Accordingly on reaching the /
beautiful spot upon which he was first located he applied to /
Cap\t/ Trappes the provisional Magistrate by a Memorial, stating /
the particulars of his situation, but which was actually /
returned and after three succes+sive applications No redres+s /
could be obtained. No, not even for the as+sault ! nor was the case /
fairly gone into but on the contrary your petitioner was /
sternly ordered to leave Bathurst; and informed by the Magistrate /
that „If he could not send him out of the Colony, he would place /
him in a situation which should be quite as bad” and your Excellency /
will perceive that he has for the present made good his declaration /
while your petitioner perceiving by his subsequent conduct, nothing /
before him but inevitable ruin, has no alternative but to lay his /
case at your illustrious feet and humbly pray for your noble /
and gracious interpositions in his favour by commanding a fair /
and impartial investigation to take place. /
That your petitioner did not refuse to supply /
his servants with the neces+sary rations according to the terms of /
their Agreement until they had actually refused to work, when /
they replied in answer to a declaration to that effect that „They /
could go to Cap\t/ Trappes and he would let them draw some” /
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and which was actually the case, which they continued in a /
course of Idlenes+s, but at length however the clouds which had /
hang around his mysterious conduct began to disperse and the /
real motives, which induced him to employ such extraordinary /
language in the pres+sence of your petitioner and his servants /
as was evidently intended and certainly produced an additional /
degree of discontent and insult towards himself even visible to /
every attentive observer for three of the men (without your /
petitioner’s consent) were taken into the employment of this very /
Magistrate, One to as+sist in building his House and the other /
two in farming a Garden 7+c. Still however drawing a supply of provis=ion /
on the credit of your petitioner’s deposits. /
That your petitioner’s servants expres+sed themselves /
confident „that the rations were Gratuitiously supplied by Government /
and that in consequence they became their own property and /they\ could /
therefore do as they pleased” and this declaration appeared to receive the /
sanction of Cap\n/ Trappes for on the 5\th/ June 1820 your petitioner /
received a note from the him dated at Bathurst, of which the following /
is a correct copy, while the original (in his own hand writing) /
your petitioner is ready to produce whenever called upon to do so /
„Bathurst June 5\th/ 1820 /
Sir /
I hereby direct that you will immediately on /
receipt of this is+sue to each individual composing the party under /
your direction Rations as provided by the Government”.
Signed „C Trappes Capt /
7+ Prov\l/. Magistrate” /
„To M\r/ James Erith.” /
That your petitioner felt some degree of surprise /
on receipt of the above inserted note he cannot attempt to conceal be=cause /
he thought it at variance with the Official Document which had /
is+sued from the Office of the Noble Secretary previous to his leaving England /
and which had been copied into almost the whole of the Daily and /
Weekly Journals of the European part of the British Empire, but as he /
did not know what alterations had taken place in the Cabinet upon /
this subject, namely „That all victualing at the Expence of Government /
would cease on landing” he was compelled to comply. Yet he humbly /
intreats your Excellency’s indulgence to allow him to say that not=withstanding /
the peculiar phraseology of Cap\t/ Trappes Letter that he /
has certaintly been called upon to Discharge the amount of these very /
rations which he was desired to consider „as supplied by Government.” /
which his servants had had while in the employment of this Magistrate, or /
in a sanctioned state of Idlenes+s and when your petitioner refused to /
sign a receipt for the same as a set off against his deposits, was abso=lutely /
threated with imprisonment /
That your petitioner in the early part of July received /
another letter from Cap\t/ Trappes stating that „he had received an order /
from L\t/ Col. Cuyler to remove him to Waaye Platz+ and that transports /
for that purpose would be ready in a few days” but your petitioner /
begs leave to inform your Excellency that he conceives the representation /
which had been made to the L\t/ Col that your petitioner’s location /
was „within the limits of the Township of Barhurst” was made for the /
sole purpose of carrying on this persecution with greater effect against /
him for it appears that such is not the fact, and as a proof that that /
was no real objection to his continuance there, even had it been a fact, he /
humbly solicits permis+sion to as+sure your Excellency that one of the /
Nottingham subscriptions party Now in the employment of Cap\t/ /
Trappes has been absolutely placed thereon and is now living on the /
identical spot /
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„July 18\th/ 1820 /
„Sir /
The Bearer, Dick Niemand has instructions to /
furnish you with Three Waggons and to conduct you to your proper /
location The ground on which you have been put by mistake, falling /
within the Circuits of the Township of Bathurst /
I remain /
Sir /
Your obedient Servant /
J Knobel /
for L\t/ Col Cuyler /
„To M\r/ Erith /
Head of a party of Settlers” /
That your petitioner when he received the notice /
as contained in M\r/ Knobel’s letter was confined to his bed by severe /
indisposition, but notwithstanding this he was compelled to remove /
under the hand of Cap\t/ Trappes to that effect and which he executed /
under the impulse of liquor and in consequence some of your /
petitioner’s property was lost and much injury otherwise done him /
when he was carried to a spot of ground covered with large stones /
which had been previously as+signed to M\r/ Damant with half the Barracks /]
which are standing near the place, but which he declined to accept /
in consequence of the worthles+s quality of the Land, but that part of /
the building which had been given to him was never offered to your /
petitioner /
That your petitioner (in great deference to your /
Excellency) most humbly conceives that as the barren Ground upon /
which he is now located was originally appropriated to the use of M\r/ /
Damant that it never could have been legally appointed for him /
at the same time therefore humbly prays your Excellency to direct /
that he be removed to some other spot where he may have the pros=pect /
(at least) of providing for the wants of his infant family and /
enable him to promote in his humble degree the grand object /
which His Majesty’s Government had in view when they permitted /
him to emigrate to this country in which he is now obstructed by /
this persecution, as the ground he now has is not worth the trouble /
and expence it would require in removing the rubbish /
That your petitioner in the course of these /
extraordinary proceedings received another Letter from Cap\t/ /
Trappes, the Duplicate of which he ventures to subjoin for the /
inspection of your Excellency /
„M\r/ Erith „ /
„The following is an Extract from a letter dated /
Colonial Office 6 July 1820 addres+sed to the provisional Magistrate /
Extract /
„Sir /
„I am directed by his Excellency the Acting Governor to /
acknowledge the receipt of your Letter of the 19\th/ Ult with its /
several enclosures and to convey to you his Excellency’s approbation /
of your suggestion respecting the dis+solution of the party which left /
England under the charge of M\r/ Erith provided that the same be effected /
with the several consent of those concerned” /
Signed „C Trappes /
Prov\l/ Magistrate /
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That your petitioner never did consent to the /
dis+solution of his party he as+sures your Excellency in the most /
/positive\ terms, Yet the before named Magistrate thought proper to /
discharge them from all obligations arising out of a written /
Agreement legally executed in England and which your /
petitioner humbly conceives was /an act of\ arbitrary and selfinvested /
power contrary to the plain and obvious /meaning\ of the last inserted /
Letters as well as your Excellency’s public proclamations /
bearing date the 14 of May 1820 and in direct opposition /
to the decis+sion in other cases of a similar nature where the /
hind servants of an individual have refused to work, and /
your petitioner further begs leave to add that if the Magistrate /
before whom this case has been but very partially heard had /
been of a conciliatory disposition the Men would doubtles+s /
have returned to their duty and the squabbles would have /
finally ceased but they were actually increased by the Magistrate /
himself with an evident intention to avail himself ot he ser=vices /
of the Three Men before noticed /
That your petitioner never can conceive His /
Majesty’s liberal and enlightened Government in the present /
/state\ nor in this branch of the Empire ever intended that the Heads /
of parties should be thus wantonly harras+sed, deprived of their /
servants on whose account a considerable expence must have /
been incurred, their arguments destroyed and their plans rendered /
abortive to gratify the private feelings of any individual, and /
which if not checked by the speedy interposition of your Excellency’s /
authority must end in the ruin of this infant Colony and thereby /
defeat the designs of their Emigration /
That your petitioner is ready at a moment’s /
notice to come forward in order that his conduct may be fairly /
and impartially investigated, and if he has forfeited the pro=tection /
of his Sovereing (to whom he will yield to none in /
loyalty and attachment) he will most willingly submit /
to deserved punishment but he humbly prays both for /
himself and his brother Settlers that they may be protected /
from the caprice and arbitrary conduct of an oppres+sive /
individual who inflicts punishment without a fair trial /
in direct opposition to the spirit of the British Constitution /
and the well known custom of civiliz+ed and polished nations /
who have always heard both sides impartially and therefore /
your petitioner earnestly implores that your Excellency /
would be graciously pleased in your well known clemency /
to interpose in any way your profound wisdom may suggest /
and for which your petitioner will ever feel himself as in /
duty bound to pray 7+c /