[Original.]

Letter from the EARL OF CALEDON to the RIGHT HONOURABLE WILLIAM WINDHAM.

CASTLE OF GOOD HOPE, 7th of June 1807. SIR,-Previous to the surrender of this Colony to His Majesty's Arms, the Batavian Government, considering the necessity of Agriculture being encouraged, especially the improvement in the Breed of Cattle and more particularly the introduction of Sheep yielding Wool, established in the year 1804 a Commission consisting of those Gentlemen who were esteemed most conversant in agricultural pursuits, and who actuated by a conviction of the utility of such an establishment to the Colony, performed the duty without Salary or Emolument.

The Commission was charged with all matters relating to Agriculture, and for the purpose of attaining its object, Government granted a tract of Land at Groene Kloof together with the Sum of Rdrs. 25,000, with which fund the Commission was directed to purchase the most approved breeds of Cattle and Sheep.

The Commissioners finding it necessary to erect buildings and employ Herdsmen and Slaves made a second application, and were granted in Loan Rdrs. 25,000 from the Orphan Chamber under the guarantee of Government, of which only Rdrs. 10,000 were paid when the British took possession.

The Stock and slaves were in consequence seized as Prize property. The Commissioners however having laid before Sir David Baird a statement of their case, He ordered that the Captors should be remunerated out of the Colonial Treasury, and the concern be considered as the property of the British Government, recommending at the same time to the Commissioners the conservation of their charge until a civil Governor should arrive or orders be received from home respecting their affairs; upon this recommendation the Commissioners still continued to discharge their respective duties.

The cultivation of Grain and improvement of agricultural instruments have likewise constituted part of their researches, nor has the growth of the Vine escaped their attention.

The Commission having appointed a person well acquainted with the Mode of cultivating Vineyards on the Rhine to treat the Vine

according to a New Method, and a Committee from the Commission having reported the success of that Method, I have directed a continuation of his Salary.

In other respects I shall continue the Commission upon the Most œconomical System until I know the pleasure of His Majesty's Ministers respecting such an Establishment.

From the local means I have of judging, I strongly recommend its adoption as particularly conducive to the improvement of the Colony, and if what I have submitted meets with Approbation, I shall observe a just regard to the œconomy of the institution, and from time to time transmit an Account of its Proceedings.

Letter from SIR DAVID BAIRD to VISCOUNT CASTLEREAGH.

HALF MOON STREET, June 11th 1807.

MY LORD,-I have had the Honor of receiving your Lordship's letter of the 19th ultimo with its accompanying copies of two letters respecting the property of a Company formed at the Cape of Good Hope for carrying on a Whale Fishery. In reply to the representations in these letters I have to inform your Lordship that the property in question was seized on the ground of its being liable to confiscation as belonging to a public Trading Company, and in proof of such seizure being warrantable and legal I do myself the Honor to transmit to your Lordship the opinion of the King's Advocate upon this case, when submitted to him from the Cape by the Prize Agent there.

I think it unnecessary further to trouble your Lordship on this subject than to state, that it was by no means the intention of myself, or of those under my orders, to infringe in the smallest degree on the private property of any Individuals at the Cape, but to consider it as religiously sacred. I have &c.

[Enclosure in the above.]

Case.

The Captors of the Colony and settlement of the Cape of Good Hope found established there a public trading Company called the Chartered African fishing Society, whose property they have seized and disposed of as the property of a public chartered Company and therefore liable to confiscation.

The Paper writing hereunto annexed marked A No. 1 contains an order from the Executive Power of the Batavian Republic (in consequence of the representations of the Legislative Body) to erect and form this Company with exclusive rights to fish &c. at the Cape for 20 years, it contains also the Charter.

The paper writing marked B also hereunto annexed contains a Certificate from the Collector of the Customs that the Utensils &c. brought from Holland to the Cape by the Agents of this Chartered Company were landed Duty free by order of Government.

Your opinion is requested whether the Property, consisting of the Premises and Utensils for carrying on a fishery of the Chartered African fishing Society is liable or not to confiscation.

Opinion.

The Prize Act gives to Captors any Arms, Ammunition, Stores of War, Goods, Merchandize and Treasure belonging to the state or to any Public Trading Company of the Enemy taken upon Land. It seems to me that the Property of the African Fishing Society of the above Description is Prize to the Captors. But I think that Buildings and Premises would not come within the Description, and if to be taken Possession of, they would still belong to the Crown, as not granted to the Captors.

Letter from the EARL OF CALEDON to the RIGHT HONOURABLE WILLIAM WINDHAM.

CASTLE OF GOOD HOPE, June 15th 1807.

SIR,-Your letter of the 31st January respecting the petition of Mr. Hermanus Vos to the Lords of the Trade and Plantation on

the part of the chartered African Company of Whale Fishers, directed me to inform myself of all the particulars connected with the object in question, and to "report to you my opinion as early as possible touching the permanent plan or system for carrying on the said Fishery, which may be most proper to be adopted."

In compliance with these directions, I am to state that about the year 1789 two Merchants of the Cape, Messrs Fehrson & Truter, began under the sanction of Government to kill Whales. In the year 1791 they formed a society with a regular permission from the Governor and Council, and in the year 1793 Messrs. Nederburg and Vrykenius, sent out as Commissioners General to inspect and regulate the East India Company's Affairs, granted priviledges of Navigation and Whale Fishery to the Colony in General; at the same time confirming to Messrs. Fehrson & Truter the permission which they had obtained in 1793. Messrs. Fehrson & Co. continued the Fishery until 1798, when the whole concern was purchased at a public sale by an English Merchant named John Murray.

At the commencement of the year 1803, when the Batavian Government had obtained actual possession of the Colony, Three Dutch Merchants arrived at the Cape from Holland in a ship of their own, and produced a charter granted by the Executive Council of the Batavian Republic to a Body styling themselves the chartered African Company, in which the exclusive right of fishing in the Bays within the limits of the Colony, as well as the different priviledges set forth in the first of Mr. Vos's Memorial, were granted.

Mr. Murray was in consequence oblidged to desist from fishing, and with the powers already mentioned the Company commenced their undertaking. It does not, however, appear that the Cape received any benefit, nor could the Inhabitants consider such an establishment as tending to the Welfare of the Settlement at large, on the contrary, although it is stated in the petition that "subscriptions were received from all Quarters of the Globe" not an individual here entered into the society except Mr. Murray, who was under the necessity of taking 23 shares in part of payment due to him by the Company for the purchase of His fishing implements.

This failure I conceive to have been caused by a Want of confidence in those who already formed the Company, and the ap

parent ignorance of the people who came out for the purpose

of fishing.

Shortly after the surrender of the Cape to His Majesty's Arms, Mr. Murray again commenced fishing in Table Bay under the sanction of Sir David Baird, and leave was likewise given to Mr Cloete for a Similar purpose in Simon's Bay. Both undertakings have been attended with success, the former having killed One, the latter 4 fish, although the season has scarcely yet commenced.

Under such circumstances, I trust that it will not be thought adviseable to renew a grant which must of necessity exclude His Majesty's subjects from so important a branch of commerce, and of which, if revived under the former tenure, the Inhabitants of Holland are alone likely to reap the benefit.

What in my judgement would be most advantageous to His Majesty's Subjects in general is, that no exclusive priviledges be granted to any society, on the contrary, that the Fishery should be open to all British Traders, and the enclosed No. 1 will show how far it is deserving of their attention.

I beg leave to offer as a remark, that the Cape is much deficient in an export trade. Transports and Merchant Vessels commonly return to England in ballast; but, if the Southern Whale Fishers could be induced instead of completing one Cargo of Oil and returning immediately to England, to deposit their first Cargo at the Cape, complete their second, and then return, such a measure would be highly lucrative to all parties, the Vessels that now return unladen would bring home the surplus at little expence, the Cape would become the entrepot, and at the same time the freight from England would be lessened to its Inhabitants, whilst the Mother Country would receive an additional produce from Her Fisheries. I have etc.

[Enclosure No. 1 in the above.]

Memorandum respecting the Whale Fishery at the Cape.

Whales are usually caught in this Colony near and about Dassen Island, from 6 to 10 Vessels of 300 Tons, or thereabouts, may yearly complete their Cargoes there; the best season for fishing is about the Month of February, they then proceed to Saldanha Bay, where they generally catch some in the Months of April and May.