Before coming to the date when Phillip began to pack up what few worldly goods his four years' service in New South Wales had left him, there is one act of his administration which cannot be overlooked—that is the manner in which he regulated the disposal of Crown lands.
The Land Laws of New South Wales are now in such a condition that an eminent Queen's Counsel has said, with truth, that no man living can safely undertake to interpret their meaning.
That 'good head' with 'plenty of common sense,' which Palmerston extols as qualifications found in sea-captains, enabled Phillip, in dealing with the land, to form a sound theory and to put it into practice; and from Phillip's time to the present the theory has been much the same, but in its practical application common sense has long since departed, and a confused jungle of land legislation has grown up in its place.
Phillip's 'Instructions' when he left England empowered him to issue land grants to emancipated convicts. He very soon found that the country would never be settled without free colonists of the farming class, and his despatches continually urged upon the Home Government the necessity of offering some inducement to such people to come out. No notice was taken of these representations, but he was, by an additional set of 'Instructions' sent out in the Second Fleet, empowered to offer Crown lands as an
