Erith, James Thomas

Novr 14 1820
To His Excellency Major Genl 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 &c &c &c
The petition of James Thomas Erith most humbly
Sheweth
That your Excellencys petitioner when residing
in his native country applied to His Majestys 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 inasmuch
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 possession 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 endevoured
to bear; with as much patience as possible 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 redress 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
Capt Trappes the provisional Magistrate by a Memorial, stating
the particulars of his situation, but which was actually
returned and after three successive applications No redress
could be obtained. No, not even for the assault ! 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 necessary 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 Capt Trappes and he would let them draw some

and which was actually the case, which they continued in a
course of Idleness, 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 pressence 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
petitioners consent) were taken into the employment of this very
Magistrate, One to assist in building his House and the other
two in farming a Garden &c. Still however drawing a supply of provision
on the credit of your petitioners deposits.
That your petitioners servants expressed 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 Capn Trappes for on the 5 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 1820
Sir
I hereby direct that you will immediately on
receipt of this issue to each individual composing the party under
your direction Rations as provided by the Government.
Signed C Trappes Capt
& Provl. Magistrate
To Mr James Erith.
That your petitioner felt some degree of surprise
on receipt of the above inserted note he cannot attempt to conceal because
he thought it at variance with the Official Document which had
issued 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 Excellencys indulgence to allow him to say that notwithstanding
the peculiar phraseology of Capt 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 Idleness and when your petitioner refused to
sign a receipt for the same as a set off against his deposits, was absolutely
threated with imprisonment
That your petitioner in the early part of July received
another letter from Capt Trappes stating that he had received an order
from Lt 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 Lt Col that your petitioners 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 permission to assure your Excellency that one of the
Nottingham subscriptions party Now in the employment of Capt
Trappes has been absolutely placed thereon and is now living on the
identical spot

July 18 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 Lt Col Cuyler
To Mr Erith
Head of a party of Settlers
That your petitioner when he received the notice
as contained in Mr Knobels letter was confined to his bed by severe
indisposition, but notwithstanding this he was compelled to remove
under the hand of Capt Trappes to that effect and which he executed
under the impulse of liquor and in consequence some of your
petitioners 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 assigned to Mr Damant with half the Barracks
which are standing near the place, but which he declined to accept
in consequence of the worthless 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 Mr
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 prospect
(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 Majestys 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 Capt
Trappes, the Duplicate of which he ventures to subjoin for the
inspection of your Excellency
Mr Erith
The following is an Extract from a letter dated
Colonial Office 6 July 1820 addressed 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 Ult with its
several enclosures and to convey to you his Excellencys approbation
of your suggestion respecting the dissolution of the party which left
England under the charge of Mr Erith provided that the same be effected
with the several consent of those concerned
Signed C Trappes
Provl Magistrate

That your petitioner never did consent to the
dissolution of his party he assures 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 Excellencys public proclamations
bearing date the 14 of May 1820 and in direct opposition
to the decission 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 doubtless
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 services
of the Three Men before noticed
That your petitioner never can conceive His
Majestys 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 harrassed, 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 Excellencys
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 moments
notice to come forward in order that his conduct may be fairly
and impartially investigated, and if he has forfeited the protection
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 oppressive
individual who inflicts punishment without a fair trial
in direct opposition to the spirit of the British Constitution
and the well known custom of civilized 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 &c