Brian Condon: Letters and Documents in 19th Century Australian Catholic History
[Source: Adelaide Archdiocesan Archives copy]
After a careful perusal of the Rev J.J. Therry's letter of 23rd. ult. addressed to the Solicitor General and that of the 25th. February last to Mr Ambrose Hallen (to which he refers as containing an explanation of the grounds upon which he thought right to fence in a portion of the Crown Lands in Hyde Park) and after an attentive consideration of the whole subject, I regret that no other course appears open than to direct the law to take its course.
Were the point in difference between the Government and the Reverend Gentleman merely one of legal title to the land in question, I would not urge the right of the Crown against any equitable claim supported by reasonable proofs of its fairness.
But after the most ample opportunities afforded to the Rev Mr Therry of substantiating his claim, he has produced nothing except his own assertion that the allotment of ground granted by Governor Macquarie for the Chapel and other purposes connected with it was of the same extent as that intended for a gaol, namely four hundred square feet, an assertion unsupported even by the fact of possession and, unfortunately, at variance with every public document which can be discovered, in any manner relating to the case.
As Trustee of the Crown lands, I have at least the same obligation imposed upon me of guarding the public property from encroachment as the Rev. Mr Therry can be supposed to have of taking care of the interests of the Roman Catholic Community.
Should I submit to the encroachment in Hyde Park without investigation I would put it out of my power to resist all future encroachments upon the right of the Crown without imputation of partiality.
Should I accede to the Rev Mr Therry's proposal of a deference, it would involve the Government in a precedent from which the most embarrassing consequences might be anticipated, besides being open to the most serious objection that it would tacitly admit the propriety of the charges made by the Reverend Gentleman against the integrity of the acts of the late Surveyor General and the authenticity of the Government Records. To countenance a charge of this kind would be unjust towards public officers and would establish a precedent of a most dangerous kind in this Colony, where the Charts and other documents in the Surveyor General's office are frequently the only evidence of title.
In coming very reluctantly to this conclusion I desire at the same time to express my readiness to receive any application from the Catholic inhabitants of the Colony for so much additional land as may be required for the purpose of the Chapel and School and any other buildings necessarily connected with them and, upon such addition being approved, to grant it in due form to Trustees properly appointed for the purpose.
But it must be clearly understood that this disposition is entirely distinct from the admission of any title or just claim to the land in question, which cannot be entertained without compromising the right of the Crown and the character of Government.
The Colonial Secretary had better send this official letter to the Solicitor General, requesting him to act upon it by communicating the contents to the Rev. Mr Therry.