As soon as he returned, Tommy sought out Barney.
‘Remember when Surveyor Meehan came with Governor Macquarie in eighteen fifteen, he undertook to chart this land and register it in my name? Well, mate, that has never bloody well happened. They say the documentation cannot be found. They have suggested I write a letter setting out my point of view and they will consider it.’
‘They are useless. All they ever do is think about themselves,’ replied Barney. ‘The only thing you can do is write a letter and then go and present it. No time to lose as more and more people are questioning the ownership of land in the area.’
The next morning being 29 May 1829 Tommy got to it and penned the following letter to the Colonial Secretary, Alexander Macleay:
Hon Sir,
In obedience to your orders and that Your Honour will be so good as to show these lines to His Excellency Governor Darling.
I write the following true account concerning my farm at Middle Harbour.
Tommy provided quite a detailed history of his time in Sydney, his tailor shop, providing services to Governor King, the establishment of the farm at Hunters Meadows and the 1815 visit by Governor Macquarie. Then he went on to write about the survey of the farm. John Meehan and John Oxley were surveyors who also went on explorative expeditions.
In a few months after, it was surveyed but not charted. The reason I believe, for the neglect was Mr Meehan and Mr Thrupp wanted me to exchange mine with Mr Thrupp and they’d give a large lot of ground that would answer better, but I declined the proposal. I still cultivated three years back. A very great fire broke out at Lane Cove, burnt all before it till the sea held it at Georges Head.
My house and fence and all I had in the place were destroyed and Captain Piper’s house near Sydney became likewise a prey to that fire. Since that, I have got a small wooden house built and a stockyard for the cattle I have there.
Before Mr Meehan died I went up to his house to request him to come to Mr Oxley’s to give him the survey and the description of the farm. He came with me to Mr Oxley’s but would not leave the survey with Mr Oxley’s man as he was not at home himself, but told the man he would call another day to give the description and survey, but soon after died. Soon after, I went to Mr Oxley, he said he heard he had come down with the survey but did not leave it, he then bid one of his clerks look among Meehan’s papers but said it could not be found.
I then found Christopher Robinson who led the chain in measuring the farm. He (Mr Oxley) said Robinson made his affidavit before Mr Berry that my farm contained 35 chains in front from Georges Head rocks or Bungaree’s farm to that of Mr Thrupp’s towards the island. That affidavit and certificate from Mr Redfern as he was standing by Governor Macquarie at Middle Head the day he ordered my farm to be made such a length. Likewise young Meehan’s testimony as to his father’s survey. The three last papers I gave to Mr Newsome that both you and His Excellency may be satisfied the truth of my claim.
I’ve been living on the farm the 18 years, but sometimes came to Sydney to work for the gentlemen herein mentioned before, who will if required, I presume, give me such a Character reference as will please His Excellency and Your Honour.
I have now in the Colony either 9 or 10 children including my grandchildren. I am now in the seventy-fifth year of my age, but very active, I thank God for this.
I remain forever, Your Honour’s most humble servant.
Tommy went into Sydney to personally deliver the letter to the Colonial Secretary’s Office. It was too important to trust to someone else. He had been fighting to have his title to the farm legalised ever since his arrival at Hunters Meadows. This was his best opportunity. The more people who arrived in the area would generate more competing claims. It was a choice piece of land. Land that he believed could provide wealth to his family for a few generations.
The Colonial Secretary, Alexander McLeay, promptly responded to O’Neil’s letter in correspondence dated 13 July 1829. Included in the response was confirmation from Governor Darling that the farm did indeed belong to Thomas O’Neil. The Governor upheld Governor Macquarie’s position on the matter. Further, the letter requested Tommy to send, by return correspondence, a description of the said property and a diagram thereof. Furthermore that Tommy should send his response to Major Thomas Mitchell, Surveyor General.
Tommy did not receive the Colonial Secretary’s letter until 16 August 1829 when he was next in Sydney. He was astounded by the prompt response. He had expected to wait months. Government did not usually move quickly. The same day he duly responded in a letter as follows:
To Major Mitchell
Surveyor General
Sir,
In obedience to the Colonial Secretary’s letter No. 29/155 of the 13th ultimo, I take the liberty to advise for your information, a description of my 40 acre farm at Middle Harbour as well as I am able to describe. Bounded on the South East by Bungaree’s farm at Georges Head, on the north by the waters of Middle Harbour, 35 chains by the seashore towards the island or farther, on the west by ground promised to Mr Thrupp (Alfred Thrupp, assistant Naval Officer) who now lives at the Derwent, on the west by Government land between my farm and Port Jackson.
I am Sir, your Humble and Obedient servant.
Accompanying Tommy’s letter was a sketch of his farm, including the surrounding area.
Tommy returned to his farm after delivering his response and went to find Barney Kearns.
‘Barney, look what I’ve got! A letter from the Colonial Secretary! It confirms ownership of the farm!’ Tommy gleefully waved the letter in the air. ‘I can’t believe it, after all these years. This deserves a wee drop of yellow liquid!’
They recovered a few bottles of whiskey that were hidden under the eaves of the hut. They had been stored there for just such an event. Margaret Robinson joined them and they sat down around the open fire enjoying a few tumblers. They did not quite make the rising sun but the night was far gone before they hit the sack.
33.
The Shell Cove Ferry Service
MIDDLE HARBOUR, 1830
After they had recovered from the heavy night of drinking and when they were more or less sober, Tommy O’Neil recalled a conversation he had engaged in the previous day.
‘Barney,’ he began, ‘when I was in town yesterday I heard that our old friend Bungaree had passed away on Garden Island.’
‘That’s very sad,’ replied Barney. ‘It was only two years ago that we said farewell to him on Middle Head. I guess it’s the fate of all of us.’
‘Yeah, mate. You and I can’t be too far behind.’
‘He’s left a lot of descendants, at least,’ said Barney.
After a period of soul searching, Tommy continued. ‘When in town, I asked whether a licence was needed to operate a ferry. The answer was definitely yes. I was thinking further about it this morning.’
‘I’d better get one before they find out about my little service. How should I go about it?’
‘A letter, I think, seems to work best. I will write on your behalf to Surveyor-General Mitchell applying for such a licence.’
‘Good idea. I don’t want the police taking action against Margie and me. Given half a chance the bastards will!’
Tommy drafted a petition to Governor Darling on Barney’s behalf, dating it 27 April 1829:
It being the desire of the residents of Middle Harbour, Broken Bay, Pitt Water, and the North East Arm (Brisbane Water) that a ferry boat should be granted a licence to ply from Shell Cove to such places, your Memorialist prays your Excellency will be pleased to grant B Kearns such licence which will prevent the many boats that now bring over all description of Persons.
By 1829 some fifty or so people lived at Clontarf and Balgowlah.
The petition made its way to the Surveyor-General, who supported it enthusiastically – so much so that he wrote to Darling’s private secretary De La Condamine as follows:
The establishment of a ferry at the point proposed is
a most desirable object and … I am convinced it will enhance the value of the allotments at the village of North harbour, to which it would afford the means of a more direct communication with Sydney – without the necessity of doubling King George’s Head near the entrance to the harbour. There is a road from Billy Blue’s Point across to Shell Cove. The land beyond Middle Harbour is partially settled on – while no other means of communication exists besides the course of water above mentioned. I consider a good and regular communication across this part of Middle Harbour as an object of importance to the whole of the northern side of (the County of) Cumberland.
The Colonial Secretary wrote to Kearns on 18 August 1829 asking for further details on his proposal, in particular the type of boat he intended to provide for such an enterprise and the fee he would charge passengers intending to make use of his service.
Tommy, Barney and Margaret sat around the table in the Kearns’ house to discuss the matter.
‘What price should I charge?’ asked Barney.
‘It needs to be reasonable and one people can afford,’ Tommy said.
‘Luv,’ said Margaret, ‘you have a boat. We can easily describe it. A shilling would be a fair fee for an adult. Young’uns could travel for free when accompanied by a parent. If young’uns are always free you will be rowing for nothing all day.’
‘Margie, I like the thought. I’ll draft a reply,’ replied Tommy.
The boat would be a two-ton craft with a 17-foot keel. The weight of the craft would mean it could not easily be dragged up onto the beach so it would be moored in the shallows at the eastern end of the beach when not in use.
‘Barney, you’re not going to row that heavy thing back and forth, are you? It’ll be the death of you. Get a man to do it for you.’
‘I’ll be right, Margie. No worries.’
‘You’re too old.’
Barney ignored Margaret’s sound advice and continued to ply the ferry service. It was a need of the local people and he did not want to let them down. Further it was an excellent source of income.
The ferry service was legitimised when the licence was granted in February 1830, and gave Barney an enforceable right to prevent others from offering a similar service. The number of people moving along the north shore across Middle Harbour had increased and Barney was kept busy ferrying his passengers to and from Shell Cove and Clontarf. He had discovered a monopoly business.
As passengers were now paying a princely sum for the commute, Barney had to make sure the boat was in good repair and kept clean. This prompted him and Tommy back into action to try for a grant of land at Shell Cove so they could erect a boathouse.
‘They should grant it. You’re a public service,’ said Tommy.
‘A hut on the site would be good as well,’ Margaret said. ‘It would give us somewhere to stay out of the weather if a storm blew up.’
‘Excellent idea, Margie – a wee portion of land will do.’
‘Luv, some local support could further improve our chances.’
‘It didn’t work when I was transported,’ added Tommy, ‘it might work now, hey. Would Mr Hely back you?’
‘Yeah, possibly. Lives close by and he’s a mate.’
Tommy drafted a further petition along these lines:
From having no settled place, the boat is exposed to numerous depravations which must in the end be the means to discontinuing the said ferry boat.
To back up and support their petition they duly elicited a supporting letter from local resident Mr F A Hely, who dated the letter 17 August 1830:
I have occasionally crossed at Middle Harbour where he resides and I have reason to believe that he is an industrious, striving fellow, very old and very useful to the public to whoever. His boat is a great convenience.
The petition was successful and in November 1830 Barney was granted a special reserve of two acres at Shell Cove. The ownership of the land was inexplicably tied to the continuance of the ferry service. Should the ferry service cease, the ownership of the land reverted to the Crown.
Kearns’s land at Shell Cove, at the eastern end of the beach, was prime real estate and many a traveller looked enviously over the site. The beach gently sloped into Middle Harbour. Where the rocks ran into the harbour they were encased with oysters and shellfish. The only danger to a swimmer at Shell Cove beach was the risk of a shark attack as these creatures worked the waters of Middle Harbour.
As had been agreed, Barney and Tommy erected a structure to maintain the cleanliness of Barney’s boat.
Over a meal at Hunters Meadows, Barney brought up the issue of his acreage with Tommy O’Neil.
‘Tommy, I am not feeling as well as I used to. My only asset of any real quality is the ferry licence and the land and boathouse at Shell Cove. I have no title to the house and acreage at Hunters Meadows. I do not want to see the Shell Cove assets lost if I were to pass away. I would like to see it conveyed to Margie, for her sole benefit. What do you think?’
‘Go and see William Foster, Anastasia’s husband. Amongst us he knows the most about property. Visit him at his home in Cumberland Street. He will know what to do and can find a person who can help you.’
‘Good advice. We’ll go see him.’
The following day, which was a Sunday, Margaret and Barney made the journey into town and arrived at William and Anastasia’s home.
A heavily pregnant Anastasia greeted them at the front door. Her daughters, Elizabeth and Ann, now four and two, were hanging onto their mother’s dress.
‘Hello, Margie and Barney. Good to see you. You look so well. Are you here to see William?’
‘Yes, that we are, Hannah.’
Anastasia ushered them in to William, and Barney laid out the issue with Shell Cove. William went to fetch James Henry who had helped him document his property transactions. James Henry was a school teacher who lived in Princes Street, not far from William’s home.
Barney outlined the situation to James Henry, who after careful thought said, ‘Now in these circumstances, Mr Kearns, I recommend we prepare a Deed of Gift between you and your wife. The Deed of Gift will provide that you give her the said property to dispose of as she so chooses subsequently to your death. Until your death the property cannot be sold or transferred. Have I got this correct, Mr Kearns?’
‘Yes, that is what I want to do. Margie is twenty years younger than me. Hopefully she will live much longer than me. She should have the right to sell Shell Cove any time following my death.’
James Henry continued, ‘I will write out the Deed of Gift while we are all convened here. Following which I will read it out to make sure there is no mistake and then Mr Foster will witness it in front of everyone.’
Mr Henry wrote the document in longhand on William’s dining-room table.
Before leaving, James Henry recommended that the document, for the time being, remain in the hands of William Foster for safekeeping.
34.
The Brown Family
SYDNEY TOWN, 1827
Tom Brown, possibly for health reasons, wanted to better secure the family’s financial position by converting his property assets to cash.
His Excellency Philip Gidley King, the third Governor of New South Wales, had in 1801 granted Thomas Brown’s parents, who were free settlers, 100 acres of farmland in the Castlereagh District, Mulgrave Place, upon their arrival in the colony. The town of Castlereagh, the traditional country of the Darug people, whose population had been ravaged in 1789 by the smallpox epidemic, is to the west of Sydney on the eastern side of the Nepean River just north of Penrith. It is approximately 40 miles (67 kilometres) from central Sydney. This area was strongly favoured by the early colonists for the rich alluvial soils that made for good cropping.
Whether Tom or his brother, David, drove the transaction is not clear. Tom may have come to the conclusion that to manage a farm this distance from Sydney was impractical. Therefore the property would be in better hands under his brother’s ownership. In any event D
avid Brown bought the land from him.
Tom Brown had his wife and three daughters to worry about. He wanted to ensure they were financially secure in the event that his creditors pursued him. With this in mind he sought legal advice on how best to secure his assets from a financial predator.
‘Mr Brown, sir,’ the lawyer advised, ‘what we need to do to achieve your objective is establish a trust arrangement. The trust must have a trustee. The trustee must be someone of impeccable standing. Someone whom you can trust absolutely with your most valuable assets and who will carry out your wishes to provide for your wife and children in the event you are not here to look after them.’
‘Hmm, that is a big decision. I will have to give that some thought and talk it over with Mary Ann.’
‘If you decide to proceed, the trust would be formed and the assets assigned to the trust. Sir, can we discuss the assets you have in mind?’
‘My most valuable assets are two properties. The first is our home and other property interests in Erskine Street, and the second is our interest in my father-in-law’s property at Middle Harbour.’
Following further discussion, Tom Brown decided that the lawyer should draft the trust arrangements in order that he could fully discuss the matter with Mary Ann.
‘Now, Mr Brown, let me read you what I have drafted to ensure it is complete and accurate: “As to the property in Erskine Street – all that cottage tenement messuage corner dwelling house now divided into two dwellings situated in the north side of Erskine Street in Sydney aforesaid at the bottom of such street and near to the Officer’s Bathing House there together with the vacant land adjoining on each side and the garden behind the same, running down to the low water mark on the Shore with the appurtenances thereunto belonging or in any wise appertaining.”’
‘That seems basically correct but there are two words I do not understand – messuage and appurtenances.’
‘Messuage is a legal word that means a dwelling house with its adjacent buildings and the lands appropriated to the use of the household. It merely saves a lot of detailed description of miscellaneous items. Similarly the other word, an appurtenance, means an improvement. So nothing to worry about, a bit of legal speak, so to speak. Has that clarified things?’
The Tailor and the Shipwright Page 23