By Captain T. G. S. Ward
In the earliest days of the Australian colonies the mails were carried by whatever ships were sailing there. A correspondent could endorse his letter to go by a particular vessel or route, but otherwise it would normally be placed aboard the next ship to go. The mails thus sent were despatched at irregular intervals. Sometimes two or three ships might sail in one week, at other times a month or more would pass with no sailings. By the 1840s complaint about the mail service to and from Australia became so vociferous that the Government was obliged to take action.
On the 10th of October 1843, a contract was entered into between the Admiralty, who had charge over the Post Office Packet service, and the brothers Henry and Calvert Toulmin, of 8 George Yard, Lombard Street, in the City of London. The Toulmin Brothers undertook to convey the mails from London, with an option of sailing from Liverpool as an alternative, to Sydney, New South Wales, once a month aboard "good substantial and efficient vessels of not less than 230 registered tons burthen each".
The Mails and Despatches had to be "stowed away in a dry safe and appropriate part of the said vessels under lock and key". If from London the packets were to sail from Gravesend on the first day of the month, if from Liverpool to sail on the second. Should the sailing be delayed more than one week a forfeit of £25 was incurred if the mails were not immediately delivered upon the vessel’s arrival. The contractors were to be paid £100 for the conveyance of each outward mail, which, of course, would be in addition to anything earned by the carriage of freight or passengers. The contract established the outward service commencing on February 1st, 1844, and allowed for the setting up of a homeward service. The Payment for the monthly carriage of the homeward mails was set at £150 each. The higher sum, and the delay in establishing the service from Sydney, was due to the difficulty of fixing homeward sailings. At this period there was a paucity of export cargoes from New South Wales, and many ships sailed in ballast for India rather than wait the necessary months for a cargo from Sydney for England. The homeward mails were to be delivered "to the Postmaster of the first port in the United Kingdom at which the Vessels may touch by the Pilot Boat or by any other safe and convenient means." The contract was to run for twelve months, but had provision for an extension of a further three years. A bond of £1,000 was required to be posted by the Contractors.
News of the establishment of the contract mail service to New South Wales was printed in The Times on November 18th, 1843. The same paper carried an advertisement regarding the sailings of the packets, in which they were described as "first-class fast-sailing vessels, fitted with every regard for the comfort and accommodation of passengers, and so adapted as to render a regular and punctual communication between this country and the colony." Then it went on to say "The vessels will load in the London Docks and will in every case leave Gravesend on the first day of each month". The details of the new mail service were published in the General Post Office Notice No 1 of 1844 (to be illustrated). The packet mails for New South Wales were to be made up on the evening of the last day of each month, and all letters and newspapers not specifically marked "by Private Ship" would be included. The postage rate was 1s. the half ounce for letters, but taxed current newspapers were carried free of charge. In March Notice No. 6 of 1844 was issued, which announced that mail addressed to Port Phillip would be enclosed with the Sydney packet mail unless specially marked by "Private Ship". The 31st of March, 1844, was a Sunday, and this caused the publication of Instructions No, 8, which said that if the last day of the month fell on a Sunday the mails would be made up on the following day. In June 1845, by Instructions No. 13, the Sydney packet service was extended to include mails addressed to South Australia and New Zealand, unless specially directed "by Private Ship". Just two years later, by Instruction No. 10, 1847, the South Australian mail reverted to private ships unless specially addressed to go by the Sydney Packets. Owing to the increasing number of vessels sailing direct for Port Phillip, mails for there were sent by private ship, unless endorsed otherwise, in accordance with Instructions No. 12, issued in July 1847. Instructions No. 8, of 1849, announced the termination of the contract as from March of that year. Following this all mail was once again sent by private ships, the rates being 8d. the half-ounce on letters and one penny each for newspapers.
The experiment of packet ships carrying the mail to Australia lasted for just over five years, and was not generally considered a success.. The service given was less irregular than previously, but, despite the advertisements, it was anything but fast. No packet ship ever took less than 100 days to Sydney, and passages of over four months were common. An average outward mail would consist of about 3,700 letters and 14,000 newspapers, which would be contained in about twenty large leather bags. The average number of passengers was about ten outwards and twenty homewards. The outward cargoes were made up of the numerous different articles needed by the colonists. The homeward cargoes consisted of whale products, such as casks of oil and bales of whalebone, animal products, such as casks of tallow, bales of wool, hides, hoofs, and horns, timber products, such as spokes, treenails, and Kauri gum from New Zealand, and perhaps a shipment of wheat or copper ore. With the increase of trade and more frequent sailings the need for a subsidised packet service of sailing ships was diminished. At the same time a popular clamour arose for the establishment of a steam packet service to Australia, but for this it was necessary to wait another three years, until 1852. In their report of 1845 the Commissioners blandly said "The advantages of the packet system are great, but it has not given general satisfaction". But the Sydney Morning Herald, of May 12th, 1845, described the packet service as a "nuisance", and hoped that it would be discontinued. The Atlas, of December 20th, 1845, said "the Packet system is a most decided failure, and should be at once discontinued".
The Toulmin Packets were not owned by the Toulmin Brothers but were chartered from other owners. The Post Office contract stipulated that vessels of not less than 250 tons were to be used. In point of fact the average size of the packets was about 400 tons. Amongst the smallest were the Ceylon, of 253 tons, and the Amelia, of 266 tons. Amongst the largest were the Sir George Seymour, of 724 tons, and the Agincourt of 669 tons. The most popular rig was that of a barque, a three-masted vessel square rigged on the fore and main masts and fore-and-aft rigged on the mizzen. Most of the others were ships, square rigged on three masts, a rig which was more usually found on the larger vessels. One or two of the smallest packets were brigs, square rigged on two masts. Most of the ships were fairly new, but there were exceptions. The Ann Grant, the packet for November 1844, was built at Whitby in 1806, and was thus 38 years old. Another elderly vessel was the Emma, an East Indiaman built of teak at Calcutta in 1809, which carried the mail in 1848 when she was 39 years old. These two were amongst the minority of packets that were classed by Lloyds as AEI, not Al.
The normal outward bound route lay S.S.E. from the Channel to the Cape Verde Islands, where a call was often made for water, fresh fruit, and vegetables. In the Sydney newspapers ships arriving were frequently listed as having called at St. Vincent. This, of course, is one of the Cape Verde Islands, not the St. Vincent of the West Indies as some people mistakenly think. On losing the North-east Trade Winds the ships had to cross the Doldrums, and in doing so would be carried to the westward by the Equatorial Current. While heading south off the American coast a call might be made at Rio de Janeiro if fresh supplies were needed. As soon as they were far enough to the South they would pick up the Westerly winds, before which they would run to Australia. Tristan da Cunha was occasionally sighted in the South Atlantic, and St. Paul Island in the South Indian Ocean. If the need arose a call would be made at the Cape of Good Hope. The first Australian landfall was normally made at Cape Otway, though some ships sighted Cape Leeuwin first. Owing to adverse weather several ships went round Tasmania, then still known as Van Diemen’s Land, rather than the shorter, but dangerous, route through Bass Straits. An account of the outward passage of the packet Agincourt is given in the book "Our Antipodes", by G. C. Mundy.
The normal homeward route lay to the southward of New Zealand and round Cape Horn, making use of the prevailing westerly winds. The course over the North and South Atlantic Oceans was shaped like a gigantic letter "S". Occasional calls were made at St. Helena, in the South Atlantic or at Pernambuco, near the eastern extremity of South America, if supplies were required. In 1846 five of the homeward packets carried the mail from Sydney to India.
FEBRUARY. "The Mary Sharp, the first of the Post Office Packet Ships, arrived yesterday, after a passage of one hundred and twenty-six days, having touched at the Cape of Good Hope, where she remained two days. Her mail is rather large, consisting of eight leather bags, about five feet in length each. Her cargo consists principally of ale and porter, in bottle and cask."
(The Sydney Morning Herald June 12th, 1844.)
APRIL. "The Ceylon has brought a very large mail, consisting of thirteen large bags. Her passage has been very tedious, having fallen in with calms or light winds, since passing the Cape of Good Hope. Her mail contained 4,959 letters and 12,063 newspapers."
(The Sydney Morning Herald, August 14th, 1844,)
JUNE. "The Garland Grove has brought a very large mail, consisting of upwards of 13,000 newspapers, and 4,000 letters. The passage has been protracted owing to light winds; she put into St. Jago’s for the purpose of watering, where she was detained three days."
(The Sydney Morning Herald, October 14th, 1844,)
SEPTEMBER. The Morayshire carried 10 passengers, amongst whom were Messrs. Smith and James, Post Office Commissioners, who were co-authors of the 1845 Report on the N.S.W. Postal Arrangements.
JANUARY. "The Amelia was detained a considerable time in the Channel after leaving the Downs, and was at last compelled to put into Falmouth through stress of weather. At this place she received a mail from London up to the 30th January and sailed the following day. She has brought but a small cargo, although her mail perhaps exceeds that of any other ship hitherto, as it comprised twenty-eight large bags."
(The Sydney Morning Herald May 12th, 1845.)
FEBRUARY. "The Bussorah Merchant entered the Heads yesterday at 5 a.m., after a very tedious voyage. Although a Post-office packet ship, her London mail is very small, but she brings another from the Cape of Good Hope, at which place she touched for refreshments. Since leaving there the Bussorah Merchant has met with a succession of gales and wind."
(The Sydney Morning Herald June 23rd 1845,)
MARCH. "The Peruvian being the Post Office packet for March has brought a large mail, consisting of thirteen bags containing 3,526 letters and 10,128 newspapers. Her passage has been prolonged by contrary winds, which compelled them to go round Van Diemen’s Land."
(The Sydney Morning Herald, July 7th. 1845.
MAY. "The George brings a large mail, consisting of 14 bags." (containing 3,735 letters, and 11,292 newspapers.) "On the 26th ultimo she encountered a heavy gale of wind, in which she carried away most of her stanchions and bulwarks, and also the wheel."
(The Sydney Morning Herald, September 8th, 1845)
JULY. "The Thomas Lowry being the Post Office packet for July, her arrival was anxiously looked for, as she was known to be one of our fastest vessels. She has been 121 days on the passage, which may be considered a short one, considering what Captain Graham had to contend with. On the 10th September off the Cape of Good Hope, they encountered a heavy gale of wind, which continued some days, in which she carried away her rudder, stove in the after-cabin deadlights, and filled the cuddy with water. The gale continued for two days, but on the fourth, a temporary rudder was shipped, which by the assistance of the after-sails, has brought them on to Sydney. Upon making Cape Lewis (Western Australia) contrary winds prevailed, and she has been twenty-three days from that place. The mail by her comprises seventeen large bags."
(The Sydney Morning Herald, November 5th, 1845.)
NOVEMBER. "The Sydney brings 22 bags letters, and has made an excellent passage for a Post Office Packet, having made the passage in 104 days; since leaving the Cape she has had very heavy weather, and off Van Diemen’s Land she encountered a gale which carried away her flying jib-boom, and several portions of her bulwarks."
(The Sydney Morning Herald, February 20th, 1846.)
JANUARY "The Henrietta has had a very long voyage, having been detained in the Channel a considerable time after leaving the Downs"… "The mail received by the Henrietta consisted of 4,080 letters, 9,955 newspapers."
(The Sydney Morning Herald, May 18th and 22nd 1846.)
MAY "The Berkshire, being the Post Office Packet for the 1st May, has been anxiously looked for, and her having made an unusually long passage of 147 days has caused many surmises as to her safety, more especially as she had the character of being a very fast sailing ship. She has not touched at any place on the passage; but her detention has been caused by her having sprung her foremast shortly after leaving the Channel, which has prevented the usual quantity of canvas being set ... the mail per the Berkshire consisted of 3,624 letters and 11,700 newspapers."
(The Sydney Morning Herald, September 29th, 1846,)
JUNE. "The Trafalgar has brought a very large mail (4,517 letters and 12,930 newspapers), and has made a very good passage."
(The Sydney Morning Herald, October 9th, 1846,)
AUGUST. "The post-office packet, Tasmania, arrived on Sunday, but as a matter of course without any late news."
(The Atlas, December 12th, 1846,)
JANUARY. "The Bussorah Merchant.-This vessel which has been anxiously looked for by all classes for some time past, being the Post Office Packet for January, made the port about ten o’clock on Tuesday night (25th), but was compelled to anchor at the Heads, in consequence of not having a sufficient number of hands to work her up the harbour, seven of the crew being laid up with scurvy. She was, however, with the assistance of some of the crew of H.M. schooner Bramble, who had been kindly sent down by Lieutenant Yule, on his hearing the circumstance, got under weigh with the flood tide yesterday afternoon, and anchored in the stream about dusk. The Bussorah Merchant had had a protracted voyage of one hundred and thirty seven days, occasioned by a succession of light and baffling winds. She brings no news, and has spoken to no vessels connected with these colonies on the passage out. Her mail consists of 3,113 letters and 11,320 newspapers."
(The Sydney Morning Herald, May 27th, 1847.
MAY. "The Sterling which arrived yesterday afternoon from London, has had rather a lengthened passage of one hundred and twenty days. Some delay, however, was occasioned by the captain having taken a course round Van Diemen’s Land in preference to Bass Straits, in consequence of his being unacquainted with the coast. The Sterling being the Post Office Packet for May, has brought a large mail, consisting of twenty-two bags, the usual size (3,787 letters and 14,250 newspapers). She also has on board the whole of the necessary machinery for the lighthouses in course of erection on King’s Island and Cape Otway."
(The Sydney Morning Herald, September 1st, 1847.)
JUNE "The Eleanor Lancaster made an excellent passage of one hundred and one days. She experienced very adverse winds off this coast and was compelled to come round the island of Van Diemen’s Land. The Eleanor Lancaster is the Post office packet for June, and has brought a large mail, consisting of twenty-two bags (4,480 letters and 17,800 newspapers), the usual size."
(The Sydney Morning Herald, September 14th, 1847.)
AUGUST "The Louisa was detained fourteen days in the English Channel from contrary winds, and was off the Heads on Friday evening, but owing to the strong northerly wind could not make the port up to Saturday afternoon, when H.M. steamer Inflexible proceeded outside and took her in tow. She has brought a large mail, consisting of 23 bags of the usual size. One of the crew named Thomas Sherman, died of consumption, about a month since."
(The Sydney Morning Herald, December 6th, 1847.)
MARCH. "The Emma, Post Office Packet, left Gravesend on the 2nd March, but in consequence of getting ashore on Margate Sands the following day, was compelled to put back, discharge the principal portion of her cargo, and go into dock for repair. She reloaded and sailed again from the Downs on the 24th March, thus making the passage in one hundred and eighteen days. On the 25th June, in latitude 39.1 S., longitude 103 E, she experienced a terrific gale of wind, in which she lost her main-topmast, main-yard, mizen topmast and fore top-gallant yard. This circumstance, coupled with the misfortune of meeting with very adverse winds on making Bass Straits which compelled her to steer a course round Van Diemen’s Land, has considerably prolonged her voyage. She brings an unusually large mail, consisting of about forty bags, the usual size." -4,399 letters and about 30,000 newspapers. (The Sydney Morning Herald, July 21st, 1848.)
APRIL. "The Emperor of China made an excellent passage of one hundred and four days from the Downs, and is the Post Office Packet for April (the March Packet having sailed twelve days before her), and brings a large mail, consisting of sixteen bags, the usual size (2,757 letters and 10,500 newspapers). On the Emperor of China being signalled yesterday morning, a small steamer was despatched by the Postmaster-General for the purpose of bringing the mails up. By this arrangement an early delivery of letters took place, and we understand it is the intention of Mr, Raymond to follow up the same practice with all Post Office Packets, which will greatly benefit the public."
(The Sydney Morning Herald, July 20th, 1848.
AUGUST. "The Louisa has had a tedious passage of one hundred and thirty-nine days from the Downs, occasioned chiefly, we are authorised to state, by the mail contractors in London (Messrs. Toulmin) having loaded the vessel too deep."
(The Sydney Morning Herald, December 26th, 1848.
MARCH. "The Empress, ‘the last of the packets’ is with admirable consistency, maintaining the character won by her predecessors. She has been out one hundred and twenty-eight days, and a ship that sailed three days after her has been in port a month."
The Sydney Morning Herald, July 9th, 1849.
MAY. "CALCUTTA. The Lloyds, P.0.P. (Post Office Packet) made a very good passage for the season of the year, having arrived here on the 27th of June, in good time for the transmission of her mails per steamer of the 2nd July, so that they will reach England between the 20th and 24th of August, being about 109 days from Sydney."
(The Sydney Morning Herald, November 24th, 1846.)
JULY. "The Royal Saxon, July P.O.P., arrived in Calcutta on the 25th of August. Her mail having been landed at Point de Galle, in Ceylon, would be in time for the steamer of the 8th of August, and reach England in the short space of seventy-nine days. This speedy transit would no doubt attract considerable attention at home, and assist the efforts of those desirous of promoting overland steam communication to these colonies."
(The Sydney Morning Herald, November 24th, 1846.)
Despite the above the July Mail was not received in London until November 2nd.
(Note.-In 1846 five of the homeward packets carried the mail from Sydney to India via the Torres Straits. The normal route was via Cape Horn.)
The mails were shipped at Gravesend on the 1st of the month, unless that day fell on a Monday when they were shipped on the 2nd
Mails Packet Tons Arrived Days shipped Sydney
Feb.1 Mary Sharp (B) 328 June 11 131
March 1 Georgetown (B) 412 June 22 113
April 2 Ceylon (B) 253 Aug. 13 133
May 1 Meg Merrilies (B) 315 Aug. 14 105
June 1 Garland Grove (S) 386 Oct. 13 134
July 2 Dublin (B) 429 Nov. 1 122
Aug.1 Sarah Scott (B) 382 Dec. 14 135
Sept. 1 Morayshire (B) 316 Dec. 30 120
Oct. 1 Midlothian (B) 414 Jan. 20 111
Nov. 1 Ann Grant (B) 378 Mar. 11 130
Dec. 1 Royal Consort (B) 529 Apr. 7 127
Jan. 1 Amelia (Snow) 266 June 1 151
Feb.1 Bussorah Merchant (S) 531 June 22 141
March 1 Peruvian (B) 304 July 5 126 April 1 Graham (B) 402 Aug. 8 129 May 1 George (B) 414 Sept. 6 128 June 1 William Metcalfe (S) 447 Oct. 2 123
July 1 Thomas Lowry (S) 409 Nov. 4 126
Aug. 1 Dublin (B) 429 Dec.15 136
Sept. 2 Persian (S) 598 Jan. 4 125
Oct. 1 Midlothian (B) 414 Jan. 22 113
Nov. 1 Sydney (B) 343 Feb. 19 110
Dec. 2 Saint George (B) 389 Apr. 5 124
Jan. 1 Henrietta (B) 364 May 16 135
Feb. 1 Abel Gower (B) 313 June 30 149
Mar. 1 Agincourt (S) 669 June 25 116
Apr. 1 Waverley (B) 436 Aug. 11 132
May 1 Berkshire (B) 587 Sept. 28 150
June 2 Trafalgar (B) 528 Oct. 8 128
July 1 Thomas Lowry (S) 409 Nov. 19 141
Aug. 1 Tasmania (B) 502 Dec. 6 127
Sept. 1 Walmer Castle (S) 656 Dec. 23 113
Oct. 1 Sydney (B) 343 Jan. 27 118
Nov. 1 Bermondsey (B) 507 Mar. 28 138
Dec. 1 Alexander (S) 523 Mar. 28 117
Jan. 1 Bussorah Merchant (S) 531 May 25 144
Feb. 2 Glentanner (S) 610 June 18 136
Mar. 2 Beulah (S) 578 July 10 130
Apr. 1 John Heming (B) 616 July 26 116
May 1 Sterling (B) 358 Aug. 31 122
June 1 Eleanor Lancaster (S) 480 Sept. 13 104
July 1 Trafalgar (B) 528 Nov. 2 124
Aug. 1 Louisa (B) 370 Dec. 4 125
Sept. 1 Kelso (S) 560 Jan. 2 123
Oct. 1 Alert (B) 418 Jan. 30 121
Nov. 2 Chaseley (A) 515 Mar. 10 129
Dec. 1 Jane Catherine (B) 350 Apr. 20 141
Jan. 1 Sydney (B) 343 Apr. 21 111
Feb. 1 Sir Edward Paget (B) 482 May 25 114
Mar. 1 Emma (B) 379 July 20 141
Apr. 1 Emperor of China (S) 485 July 19 109
May 2 Faithful (B) 429 Aug. 29 119
June 1 Achilles (B) 449 Oct. 17 138
July 1 Trafalgar (B) 528 Oct 24 115
Aug. 1 Louisa (B) 370 Dec. 25 146
Sept. 1 Alert (B) 418 Jan. 17 138
Oct. 1 Thomas Henry (B) 361 Feb. 3 125
Nov. 1 Columbus (S) 467 Mar. 11 130
Dec. 1 Caldew (B) 300 Apr. 25 145
Jan. 2 Sydney (B) 343 May 21 139
Feb. 1 Chartley Castle (B) 382 June 18 137
Mar. 1 Empress (B) 436 July 11 132
"Delivered mails". The date given is, where known, the date of the London postmark on the mail. In other cases it is the date of the Packet’s arrival in port.
Details are:- Sailed, Sydney Packet(Ship or Barque) Tons, Delivered Mails, Days in transit, Port of arrival
Jan. 2 Hooghly (S) 466 Apr. 25 113 Penzance
Feb. 1 Thomas Lowry (S) 409 May 20 108 Channel
Mar. 5 Uweretta (B) 356 July 10 127 Deal
Apr. 1 Kinnear (B) 369 Aug. 8 129 Falmouth
May 3 Lloyds (B) 403 Aug. 21 110
June 4 St. Vincent (S) 630 Sept. 22 110
July 2 Royal Saxon (S) 510 Nov. 2 123
Aug. 2 Eagle (B) 438 Dec. 29 149
Sept. 3 Emerald Isle (S) 550
Oct. 6 Ganges (S) 430 Mar. 13 158 Falmouth
Nov. 7 Berkshire (B) 587 Apr. 2 146 Cherbourg
Dec. 11 Golden Spring (B) 316 Apr. 28 138 Downs
Jan. 14 Trafalgar (B) 528 May 15 121 Gravesend
Feb. 6 Urgent (S) 408 May 17 100 Gravesend
Mar. 2 Sir George Seymour (S) 724 June 14 104 Dartmouth
Apr. 5 Caledonia (B) 405 Aug. 28 145
May 5 Ann Miln (B) 564 Sept. 28 146 Plymouth
June 8 Honduras (B) 382 Nov. 9 154 Deal
July 3 Union (B) 327 Dec. 13 163 Swanage
Aug. 14 Lima (B) 349 Dec. 12 120 Deal
Sept. 12 Sunflower (B) 341 Feb. 5 146 Gravesend
Oct. 13 Tory (B) 512 Mar. 1 150 Falmouth
Nov. 10 Ganges (S) 430 Mar. 4 115
Dec. 15 Catherine Jamieson (B) 451 May 9 146 Penzance
Jan. 14 Penyard Park (B) 377 May 20 127 Penzance
Feb. 9 Hamlet (B) 420 June 1 113
Mar. 8 Hudson (B) 511 June 29 113 Gravesend
Apr. 10 Alert (B) 418 Aug. 6 118 Downs
May 9 Tropic (B) 382 Sept. 21 135 Salcombe
June 14 Chaseley (S) 515 Oct. 31 139 Gravesend
July 5 Sydney (B) 343 Nov. 26 144 Gravesend
Aug. 11 Honduras (B) 382 Dec. 13 124 Gravesend
Sept. 3 Robert Syers (B) 312 Jan. 19 138 Channel
Oct. 6 Ralph Bernal (B) 314 Mar. 10 155
Nov. 8 Ganges (S) 430 Mar. 20 132
Dec. 12 Sir Edward Paget (B) 482 Apr. 26 135
Jan. 11 Agricola (B) 564 Apr. 27 106 Gravesend
Feb. 1 Isabella Hercus (S) 619 May 17 105 Downs
Mar. 15 Artemisia (B) 558 July 11 118 Gravesend
Apr. 5 Thomas Arbuthnot (S) 621 July 22 108 Gravesend
May 2 Columbus (S) 467 Sept. 14 135 Downs
June 7 Tropic (B) 382 Oct. 26 141 Falmouth
(B) = Barque. (S) = Ship
ARTICLES OF AGREEMENT made this 10th. day of October in the year of our Lord 1843 between Henry Toulmin and Calvert Toulmin of George Yard Lombard Street in the City of London Ship Owners and Copartners of the one part & the Commissioners for Executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland (for and on behalf of Her Majesty) of the other part Witness that the said Henry Toulmin and Calvert Toulmin do hereby for themselves their heirs Executors and Administrators covenant promise and agree with and to the said Commissioners that They the said Henry Toulmin and Calvert Toulmin their Executors and Administrators shall and will during the continuance of this Contract diligently faithfully and to the satisfaction of the said Commissioners for the time being and with all possible speed convey Her Majesty’s Mails and Despatches once in every Calendar Month from Gravesend in the County of Kent or (subject to the proviso hereinafter contained) from the Port of Liverpool in the County of Lancaster to Sidney in New South Wales and also if(but not otherwise) the notice hereinafter provided for the extension of the term of these presents beyond the period of twelve Calendar Months should have been duly given to the said Commissioners by the said Henry Toulmin and Calvert Toulmin shall and will during the remainder of the term of the term of this Contract in like manner convey Her Majesty’s Mails and Despatches once in every Calendar Month from Sidney aforesaid to the United Kingdom of Great Britain and Ireland and that the service shall be performed by means of a sufficient number of good substantial and efficient Vessels of not less than 250 register tons burthen each.
That the said Mails and Despatches shall always be carefully deposited and stowed away in a dry safe and appropriate part of the said vessels respectively under lock and key.
That all the Vessels to be and while employed in the performance of this Contract shall be supplied and furnished with all necessary and proper Apparel Furniture Stores Tackle Boats and manned with competent Officers and a sufficient crew of able seamen to be in all respects as to Vessels Equipment and Crew subject to the approval of the said Commissioners or such other person or persons as they shall at any time or from time to time appoint for that purpose.
That one of the said Vessels with the said Mails and Despatches on board shall on the First day of every Calendar Month proceed from Gravesend aforesaid or on the first or Second day of every Calendar Month from Liverpool direct to Sydney.
Provided always that the Port of Departure of the said Vessels from the United Kingdom shall in every case be Gravesend unless the said Henry Toulmin and Calvert Toulmin shall by a written Notice of Seven clear days expiring on the first or second day of the month addressed to and delivered by them to the Secretary of the Post Office in London and which they are from time to time hereby empowered to give signify their intention of dispatching the Vessel with the said Mails and Despatches from Liverpool and It Is hereby agreed that the time of departure of the Vessels with the said Mails and Despatches from Sydney to the United Kingdom of Great Britain and Ireland shall be hereafter arranged and determined by the said Commissioners.
And the said Henry Toulmin and Calvert Toulmin hereby further agree with the said Commissioners on behalf of Her Majesty in manner aforesaid that the Commander of each of the said Vessels shall always give a receipt or receipts for the said Mails andor
That the said Commissioners or any one of their Officers or Agents shall be at liberty and have full power at any time during the continuance of this Contract to direct that any one or more of such Vessels so conveying Her Majesty’s Mails and Despatches from any of the said Ports or places shall delay her or their departure for any period not exceeding 24 hours beyond the period which may have been previously fixed for the departure of such Vessel or Vessels without any charge whatsoever to Her Majesty and that a letter addressed to the Commander of the Vessel so to be delayed shall be a sufficient authority for such detention.
And the said Henry Toulmin and Calvert Toulmin hereby further agree with the said Commissioners on behalf of Her Majesty in manner aforesaid that the Commander of each of the said vessels shall always give a receipt or receipts for the said Mails and Despatches and shall make the usual declarations required or which may hereafter be required by Her Majesty’s Postmaster General in such or similar cases and that every Commander having charge of such Mails and Despatches shall immediately on the arrival at any Port or place where such Mails and Despatches ought to be delivered himself deliver the said Mails and Despatches into the hands of the Postmaster of such Port or place or into the hands of such other person as the said Commissioners shall direct and authorise to receive the same. Provided always that if there be any conveyance of Her Majesty’s Mails and Despatches from Sydney to the United Kingdom under this Contract the said Henry Toulmin and Calvert Toulmin hereby agree that the delivery of such Mails and Despatches shall be made by the Commander of the Vessels to the Postmaster of the first port in the United Kingdom at which the Vessels respectively may touch or by the Pilot Boat or by any other safe and convenient means it being agreed that the same shall be delivered at the first regular Post Office in the United Kingdom which can be communicated with and Provided further that the expense of landing and delivering the said Mails and Despatches under this Contract shall in every case be borne and paid by the said Henry Toulmin and. Calvert Toulmin.
And the said Henry Toulmin and Calvert Toulmin further agree that if any Vessel which ought to leave Gravesend or Liverpool for Sydney in the performance of this Contract shall not proceed on her voyage for One Week after the proper and appointed time or if a longer interval than Six Weeks shall elapse between the time of sailing of any two vessels from Sydney to the United Kingdom of Great Britain and Ireland in the performance of this Contract then and in every case of such default the said Henry Toulmin and Calvert Toulmin their Executors and Administrators shall and will pay unto Her Majesty Her Heirs or Successors the sum of £200 and so in proportion for any period exceeding one week or interval of six weeks as the case may be and that under all circumstances if Her Majesty’s Mails and Despatches are to be conveyed from Sydney to the United Kingdom under this Contract there shall be 12 departures of vessels from Sydney for the United Kingdom with separate and distinct Mails and Despatches and that if any vessel having Her Majesty’s Mails and Despatches on board shall stop linger or deviate from the direct course of her voyage after starting or if the Commander of any Vessel shall neglect to deliver the said Mails and Despatches immediately on her arrival at the appointed Port or Place of delivery in the manner and according to the mode hereinbefore prescribed for the delivery thereof then and in every such case of default the said Henry Toulmin and Calvert Toulmin shall in like manner pay as aforesaid the sum of £25. Provided always nevertheless that the said sums respectively shall not be so paid or become payable for any case of such default which shall be proved to the satisfaction of the said Commissioners to have arisen from circumstances over which the said Henry Toulmin end Calvert Toulmin their Agents and Servants had not and could not have had any exercise or control.
And it is hereby agreed by and between the parties hereto that all and every the sums of money herein stipulated to be paid by the said Henry Toulmin and Calvert Toulmin their Executors or Administrators unto Her Majesty Her Heirs and successors shall be considered as stipulated or ascertained damages and should the same or any of them become payable and be discharged forthwith on the application of the said Commissioners or their Agent each and every of such sums of money may be deducted and retained by the said Commissioners out of the moneys payable to the said Henry Toulmin and Calvert Toulmin their Executors or Administrators under this Contract or the payment thereof enforced with full costs of suit at the discretion of the said Commissioners.
And the said Commissioners in consideration of the Premise and of the said Henry Toulmin and Calvert Toulmin their Officers Servants and Agents at all times during the Continuance of this Contract strictly and punctually performing the Covenants and Agreements hereby entered into by them the said Henry Toulmin and Calvert Toulmin do for and on behalf of Her Majesty Her Heirs and Successors agree with the said Henry Toulmin and Calvert Toulmin the Executors and Administrators that they the said Commissioners on behalf of Her Majesty will pay or cause to be paid to the said Henry Toulmin and Calvert Toulmin their Executors and Administrators the sum of £100 for every conveyance of the said Mails and Despatches from England to Sydney and the sum of £150 for every conveyance of the said Mails and Despatches from Sydney to the said United Kingdom and that such payments shall be made every quarter of a year by Bills at sight Payable by Her Majesty’s Paymaster General and shall include the expense of receiving conveying landing and delivering the said Mails and Despatches and every other charge whatsoever.
And it is hereby agreed and declared that this Contract shall commence on the first day of February 1844 so far as affects the conveyance of the said Mails and Despatches from England to Sydney and shall continue in force for 12 Calendar Months from the day but if three months before the expiration of the said 12 Calendar Months the said Henry Toulmin and Calvert Toulmin shall give notice to the said Commissioners (by leaving the same at the Admiralty Whitehall) of their desire to have the said term extended that then and in that case this Contract shall continue in force for three years beyond the expiration of the said 12 Calendar months and shall embrace subject to all the Clauses Provisoes and Conditions herein contained so far as the same can be made applicable thereto the conveyance of the said Mails and Despatches from Sydney to the United Kingdom of Great Britain and Ireland.
And it is hereby further agreed and provided that the said Henry Toulmin and. Calvert Toulmin their Executors or Administrators shall not assign underlet or otherwise dispose of this Contract or any part thereof and that in case of the same or any part thereof being assigned underlet or otherwise disposed of or of any breach of this Contract on the part of the said Henry Toulmin and Calvert Toulmin their Executors and Administrators it shall be lawful for the said Commissioners (if they think fit) by writing under their hands or under the hands of their Secretary for the time being to determine this Contract without any previous notice to the said Henry Toulmin and Calvert Toulmin their Executors or Administrators or their Agents nor shall the said Henry Toulmin and Calvert Toulmin their Executors or administrators be entitled to any compensation in consequence of such determination.
And in pursuance of the directions contained in a Certain Act of Parliament made and passed in the 22nd Year of the reign of King George the Third entitulated an Act for restraining any person concerned in any Contract Commission or Agreement made for the Public Service from being elected or sitting and voting as a Member of the House of Commons it is hereby expressly declared and agreed and these presents are upon this express condition and the said Henry Toulmin and Calvert Toulmin do covenant for themselves their Heirs Executors and Administrators that no Member of the House of Commons shall be admitted to any share or part of this Contract or Agreement or to any benefit to arise therefrom.
And lastly for the due and faithful performance of all and singular the Covenants Conditions, Provisoes, Clauses Articles and Agreements herein before contained which on the part and behalf of the said Henry Toulmin and Calvert Toulmin are or ought to be observed performed fulfilled or kept the said Henry Toulmin and Calvert Toulmin do hereby bind themselves their Heirs Executors and Administrators unto our sovereign Lady the Queen in the sum of £1000 of lawful British money to be paid to our said Lady the Queen Her Heirs and Successors by the way of stipulated or ascertained damages agreed upon between the said Commissioners and the said Henry Toulmin and Calvert Toulmin in case of the failure of the said Henry Toulmin and Calvert Toulmin in the due execution of this Contract or any part thereof.
IN WITNESS whereof the said Parties to these Presents have hereunto set their Hands and Seals the day and year first above written.
Signed Sealed and delivered
In the presence of Ino.James. Henry Toulmin L.S. Calvert Toulmin L.S. W. Gordon, L.S. H. Corry, L.S.
Two letters were subsequently written concerning this contract, as follows:
31, Great St. Helen’s,
15th Novr 1844
Sir,
With reference to the contract dated 10th October 1843 entered into between the Lords Commissioners of the Admiralty and ourselves for the Monthly Conveyance of her Majesty’s Mails from hence to Sydney, wherein we engage to give three months notice to expire in February 1845 whether we intend to continue the outward and include the homeward conveyance of the Mails and Dispatches upon terms and conditions therein contained.
We have respectfully to request that you will represent to their Lordships that in communicating with Sydney to arrange for the conveyance of the Mails from thence to their Country many difficulties have arisen which we did not anticipate, and with the depressed and almost bankrupt state of the colony, will, if we undertake the homewards contract in its present form, make us incur responsibility from which we should not shrink had we the affair under our own Contract, but as it necessarily must be left to others there to conduct in the way we should require it to be done vizt. to the spirit and letter, we beg to express the hope that the following alterations and additions or as near to them as their Lordships may think proper will be granted.
That we may be allowed to transmit the Mails and Despatches to either Ceylon, Madras or Calcutta (or Singapore after the 1st January 1846) to meet the overland Mail provided we are unable to arrange for sending them direct from Sydney and that our delivering to the Postmaster at either of those three Ports respectively may be deemed a performance of our Contract.
That we may have this power (in case of need) of forwarding the Mails by a vessel of 200 tons measurement instead of 250 as applying to the homeward Mails, the trade of the Port of Sydney being very limited as compared with this, and Vessels of the larger size might not always be obtainable.
Also that we may have the option of terminating so much of the contract as related to the Homeward Mail service at the expiration of eighteen months from the commencement at Sydney, or at any subsequent period during its continuance on giving six Months previous notice of such intention. Having been permitted a similar indulgence on this side, where the difficulties to be contended with are of considerably less importance, We trust this proposition may not be deemed unreasonable or objectionable.
Having reference to the foregoing we are prepared to carry on the Contract to the extent originally contemplated, that is to say, out and home – the homeward service commencing on the 1st day of April next ensuing, or at such date as may be agreed upon between our Agents and the Postmaster at Sydney.
We have etc.
(Signed) Henry & Calvert Toulmin.
General Post Office.
16th Decr. 1844.
My Lords,
I have the honour to return the accompanying Communications from the Admiralty which have been referred to me by your Lordships, and I beg to observe that I consider Messrs Toulmin, the Contractors of the Mail packets between the United Kingdom and Sydney New South Wales, are entitled to some indulgence on account of the very low terms on which they have undertaken the Service. I am moreover of opinion that, if the new line of Mail Communication between Suez and Calcutta, should come into operation at the commencement of next year (as I have understood was intended) so far from there being an objection to landing the Mails from Sydney at Ceylon, or Calcutta, very considerable benefit will be derived by the acceleration which will be given to the correspondence.
The same will apply to Singapore, should the contemplated Mail Line be established from Calcutta, to China, and under these circumstances, as far as I am enabled to form an opinion, I would beg to recommend that the offer of Messrs Toulmin should be accepted by the Admiralty.
With respect to the notice proposed to be given by the Contractors in the event of their desiring to discontinue the service, the period named in their Letter appears to me reasonable.
I have etc.
(Signed) Lonsdale.