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Thursday 28 March 2013

Squatting as ‘policy’

Parallel to the changing policies in the 1820s and early 1830s was the dramatic expansion of squatting.[1] Squatting, originally, in a pastoral context, was the unauthorised creation of stock stations on vacant Crown Land and arose when and where a landowner’s increasing stock numbers out-grazed the land available to him by grant, purchase, lease, or permit. A negative view of squatting remained important through to the mid-1830s. In 1815, a witness before a House of Commons Committee commented

These persons are almost invariably the instigators and promoters of crime, receivers of stolen property, illegal vendors of spirits, and harbourers of runaways, bushrangers, and vagrants.[2]

James Macarthur (the son of John) writing in a similar strain in his book on NSW in 1837, spoke of

....persons denominated squatters [were] mostly convicts holding tickets of leave or having become free by servitude who [carried on] an extensive system of depredation upon the flocks and herds and the property of the established settlers.[3]

Squatting, apart from these alleged dishonest characteristics, was a natural consequence of the absence of a land policy suited to the changed conditions. As long as the Government gave land away to applicants with capital to invest and to others whom it wished to benefit, persons who had not benefited regarded the unoccupied areas beyond the Blue Mountains as available to those who chose to occupy them. It proved impossible to restrain settlement within prescribed limits while there were valuable grasslands stretching for hundreds of miles beyond the official boundaries. Whatever the regulations, NSW Governor Gipps was right when he wrote in 1840:

As well attempt to confine an Arab within a circle traced on sand, as to confine the graziers or wool-growers of New South Wales within bounds that can possibly be assigned to them.

In the 1820s and 1830s it was common for squatters to follow in the tracks of explorers such as Thomas Mitchell and Charles Sturt and grab the best-watered pasture they could find for their flocks and herds. One writer noted that ‘dispersion’, not confinement, was the natural law of settlement. It was not surprising that a theory of ordered settlement and colonisation, propounded by Edward Gibbon Wakefield, gained the attention of the British government. South Australia was settled according to his plan, which married land sales, labour and capital as an enticement to free, respectable British settlers. At Swan River settlement, the attempt to use convict labour and to apportion land by grant met with a host of problems and seemed to indicate that Wakefield’s ideas had merit.[4]

In eastern mainland Australia, the original impetus for squatting in the early 1820s was primarily an expanding Sydney meat market and secondly experimentation with wool production, with added impetus from emancipist and native-born families in search of social and economic freedom.[5] Squatting took on fresh vigour and its actual name of squatting in 1836 with a British wool market that strengthened pastoral diversification and drew new pastoralists from VDL and from Britain. In turn, the creation of Melbourne and Adelaide expanded the meat markets for the ‘Sydneyside’ cattle holders, just as the goldfields populations would do on a grander scale in the 1850s. Despite a pastoral myth that sees wool as the creator of squatting, it is possible that sheep grazed no more land than did cattle in eastern Australia even as late as 1860.[6]

The ‘Nineteen Districts’, 1829

The first steps in establishing wool production in NSW also created an increased demand for land. Squatting activity was often carried out by emancipist and native-born colonists as they sought to define and consolidate their place within society. From the mid-1820s, however, the occupation of Crown land without legal title became more widespread, often carried out by those from the upper echelons of colonial society.  As wool began to be exported to England and the colonial population increased the occupation of pastoral land for raising cattle and sheep progressively became a more lucrative enterprise.  By 1831, Australia was supplying 8 per cent of British wool imports. Nine years later the proportion had risen to 28 per cent and by 1850 to 53 per cent. Sheep grazing stretched out well beyond the hinterland of the first settlement, into what later became Victoria, Queensland, and South Australia, although pastoralists remained in the relatively well-watered districts. Progress was not smooth. The years between 1825 and 1828 were marked by depression, caused initially by falling wool prices in England and made worse by drought in Eastern Australia. Expansion was resumed after 1828 and continued throughout the 1830s; by 1840, however, profits were again being squeezed between rising costs and slightly falling wool prices. The optimism that had characterised the 1830s evaporated, credit was restricted, and serious depression occurred. During this period of pastoral expansion wheat production had failed to keep pace with the growth of the population of NSW. The environment was not generally well suited to arable farming that became the occupation of poor men with inadequate resources. Supplies were imported from VDL, but by the 1840s South Australia began to supply NSW with wheat and during the next half-century emerged as the principal grain-growing region of Australia.

‘Squatting’ had become so widespread by the mid-1830s that Government policy in NSW towards the practice shifted from opposition to regulation and control.  It was clearly necessary to impose some rule in regard to the occupation of these outlying lands. Despite a popular belief that squatting was a general Australian experience, squatting hardly existed in the other colonies. In VDL, where there were few cattle, lax land administration in the 1820s had allowed sheep owners all the freehold land they wanted and the owners found their squatting outlets in the Port Phillip District of NSW. In Western Australia, massively liberal land grants, low initial stock numbers and a tiny domestic market, deferred for many years any perceived need to graze Crown land.[7] In South Australia in 1836, the founders’ Wakefieldian agriculturalist philosophy of settlement, reinforced in the 1840s and 1850s by the province’s emergent agricultural and copper-mining industries ensured that squatting in the province would not become a major activity.[8] In effect, VDL, Western Australia, and South Australia were largely spectators of the eastern mainland’s resolution of squatting.

Sheep, South Australia, c1880


[1] Weaver, John, ‘Beyond the fatal shore: pastoral squatting and the occupation of Australia, 1826 to 1852’, American History Review, Vol. 101, (1996), pp. 980-1007.

[2] Cit, Roberts, S.H., The Squatting Age in Australia 1835-1847, (Melbourne University Press), 1935, p. 70.

[3] Macarthur, James, New South Wales; its Present State and Future Prospects: being A Statement, with Documentary Evidence. Submitted in support of Petitions to His Majesty and Parliament, (D. Walther), 1837, p. 44.

[4] Oldham, W., Land policy of South Australia: from 1830 to 1842, (G. Hassell & Son), 1917 and Ellis, Julie-Ann, Public land and the public mind: origins of public land policy in South Australia, 1834-1929, (Flinders University Oress), 1995.

[5] Fletcher, B.J., Landed Enterprise and Penal Society: A History of Farming and Grazing in NSW before 1821 (Sydney University Press), 1976, Beever, E.A., ‘The Origins of the Wool industry in NSW’, Business Archives and History, Vol. 5, (2), (1965), pp. 91-106, Ker, Jill, ‘The Wool industry in NSW 1803-1830’, Business Archives and history,Vol. 2, (1962), pp. 18-54, P. Fogarty, P., ‘The New South Wales Pastoral Industry in the 1820s’, Australian Economic History Review, Vol. 8, (1968) , pp. 110-122, Beever, E.A., ‘Further Comments on the Origin of the Wool industry in New South Wales’, Australian Economic History Review, Vol. 8, (1968), pp. 123-128. See also, Abbott, G.J., The Pastoral Age: A re-examination, (Macmillan), 1971.

[6] This idea that sheep were the major reason for squatting was encouraged in ibid, Roberts, S.H., The Squatting Age in Australia 1835-1847.

[7] Forrest, Sir John, Report on the land policy of Western Australia, from 1829-1888: accompanied by various returns, land regulations, and a map, (Government Printer), 1889.

[8] Prest, Wilfrid, Round, Kerrie and Fort, Carol S., The Wakefield companion to South Australian history, (Wakefield Press), 2001, pp. 513-514 provides a succinct summary of squatter activity in the colony. See also W.L.R., Our wool staple; or, A history of squatting in South Australia, (John Howell), 1865.

Thursday 21 March 2013

From grants to sales in the 1820s

When the Blue Mountains were crossed and the value of the lands beyond was appreciated, capital as well as immigration was attracted. The implementation of Bigge’s report paved the way for the settlement of vast tracts of land by British-backed investment companies like the Australian Agricultural Company and the Van Diemen’s Land Company and in the division of land into counties, hundreds, and parishes. The Australian Agricultural Company incorporated by Royal Charter under a special Act of Parliament, in 1824, ‘for the cultivation and improvement of waste lands in the colony of NSW,’ obtained 500,000 acres for nothing.[1] It was even given coal-mines at Newcastle. Part of the company’s estate was selected after 1831, when Governor Bourke energetically protested against the alienation of so huge an area, but was overruled by his official superiors. The company thus richly endowed still carries on its profitable operations. The Van Diemen’s Land Company also worked under a Royal Charter (1825) and secured over 400,000 acres for a trifling quit-rent of £468.[2]

It was not until Bigge’s reports that some English politicians recognised that land had been given away too freely. ‘Large grants of land to individuals have been the bane of all our colonies,’ Under-Secretary Goulburn wrote in 1820, ‘and it has been the main object of Lord Bathurst’s administration to prevent the extension of this evil by every means of his power.’ But, the granting of large areas was continued for some years after 1820. During Governor Brisbane’s term, however, land grants were more readily made.  In addition regulations introduced during Brisbane’s term enabled settlers with his permission to purchase up to 4,000 acres at 5s an acre with superior quality land priced at 7s 6d.[3]  During his four years in office the total amount of land in private hands virtually doubled. Lord Bathurst’s spasm of moderation did not affect his successors. Free grants were made down to the year 1831, when the Colonial Office ordered the substitution of the method of sale by auction. By this time 3,963,705 acres had been granted either freely or at a trifling quit-rent.

In 1825, Bathurst instructed Brisbane to survey the territory to allow for more planned settlement. During the survey one seventh of the land in each county was to be set a side for the Church of England and an educational system under the control of the church. Income from this land was to be managed under the Church and Schools Corporation.[4] When Governor Darling was commissioned in July 1825, his commission extended the NSW boundary six degrees to the west compared with the commissions issued to previous governors. In September 1826, Darling announced the boundaries within which the survey was to be conducted. It would allow the allocation of land grants and the boundaries, known as the limits of location, were used for other administrative purposes including police administration. The nineteen counties were proclaimed by Darling in the Sydney Gazette of 17 October 1829. The boundaries were the Manning River to the north, the Lachlan River to the west and the Moruya River to the south. In some places there were already squatters beyond these ‘limits of location’.

The Nineteen Counties were the limits of location in the colony of NSW. Settlers were only permitted to take up land within the defined area. From 1831, there were no more free land grants and the only land that was for sale was within the Nineteen Counties. The Ripon Regulations were introduced in 1831 by the Earl of Ripon (then Viscount Goderich), instigating a new system for the sale of Crown land in the Australian colonies. Crown land had previously been acquired through grants or sale by tender. The Ripon Regulations standardised the sale process by introducing compulsory sale by auction and by setting a minimum sale price of 5s per acre; this rose to 12s per acre in 1839 and to £1 in 1842. The proceeds from land sales were used to fund the assisted immigration of labourers and servants into the colonies. Despite the uncertainty of land tenure, squatters ran large numbers of sheep and cattle beyond the boundaries. The legitimate allocation of land, whether by grant or sale, in large or moderate areas, was disturbed by the unauthorised proceedings of the squatters.

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Parramatta, c1826

Much commotion was caused among the land-owners in 1835, when doubts were expressed as to whether the whole of the land grants made in NSW and VDL since the very beginning of settlement were not illegal. The lords of thousands of acres trembled at the prospect. The point was first raised in Hobart that these grants had not been made in the name of the King but of the Governor. The practice began in the time of Phillip, and had been continued by every successive Governor. When the law officers of the Crown in England were consulted, they gave it as their opinion that the whole of the grants from the foundation of NSW were invalid. The insecurity was removed by the passing of an Act in 1836 (6 William IV, no. 16), ‘to remove such doubts and to quiet the titles of His Majesty’s subjects holding or entitled to hold any land in NSW.’


[1] See, ibid, Roberts, Stephen, History of Australian Land Settlement 1788-1920, pp. 57-62 and King, Hazel, ‘John Macarthur junior and the formation of the Australian Agricultural Company’, Journal of the Royal Australian Historical Society, Vol. 71, (3), (1985), pp. 177-199.

[2] Ibid, Roberts, Stephen, History of Australian Land Settlement 1788-1920, pp. 62-68 and Meston, A.L. and W.M., The Van Diemen’s Land Company: 1825-1842, (Museum Committee, Launceston City Council), 1958

[3] In 1824, Brisbane approved the sale of Crown Lands in accordance with one of Bigge’s recommendations. Previously only a nominal ‘quit’ rent was required for grants by the crown.

[4] Grose, Kelvin, ‘What happened to the Clergy Reserves of NSW?’, Journal of the Royal Australian Historical Society, Vol. 72, (2), (1986), pp. 92-103 and ‘Scott, Arthur and the clergy reserves of Van Diemen’s Land’, Journal of the Royal Australian Historical Society, Vol. 75, (3), (1989), pp. 153-169.