Transcription Page 1

Melbourne
11 May 1847

Sir
Referring to Mr Danas letter of
the 1st instant requesting, that your Honor
will be pleased to obtain, for his guidance,
the opinion of the Law officer of the Crown,
as to whether he (Mr Dana) as District
Magistrate has authority to confine in
either of the Melbourne Watchhouses, men
of the Native Police, who have, either,
absented themselves, or otherwise misconducted
themselves, until such time, as, they can be
forwarded to the Police Station, at Nara
Warra, and also stating, that, on a recent
occasion, he had ordered the native police-
man named in the margin to be confined
in the Melbourne watchhouse according to
his usual practice, with a view, that, at
the earliest opportunity, he should be
forwarded to head quarters, at Nara Warra,
but, that, before he Mr Dana could attend,
the native policeman was discharged from
custody, his (the native policemans name)

His Honor
The Superintendent

[Annotation: top]

47/866
11th May 1847
The Crn Prosr
Retns No 791 RB
frm Mr Dana with his Report
& opinn

[Annotation: left margin]

Henry

Transcription Page 2

appearing on the list of offenders.

In reply to Mr Dana’s statement, as well
as in compliance with your Honors
memorandum annexed thereto; I do myself
the honor to state, that, in my opinion, the
Magistrates, Messrs Condell & Heape, were
warranted in discharging Henry from
custody. But when we consider the
efficiency of the service to which Mr Dana
is attached, and the loss the Public might
sustain if deprived of it, and further
when we consider, that, in order to continue
the existence of this Police force, some rules,
by which that force is to be governed, must
necessarily be placed at the discretion of
the Gentleman, who has the Command
thereof, in order to its efficiency, and proper
discipline, I think it more beneficial to
the Public interest, that, if at any future
time, any of the Native Police should happen
to find his way to the Watchhouse, he should
be handed over to Mr Dana to be dealt
with, when his offence consists in the
violation of any of the rules, or discipline
by which the service is governed. But
when the charge is purely of a Civil