2-093 (Original)

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SYDNEY, NEW SOUTH WALES
17th February 1834
My dear Edmund,
I write a few lines, not having time at this moment to do more, to inform you that - from what the Chief Justice has said to me this day - I think that it is by this opportunity he is sending home his request for leave of absence. He told me that he has forwarded it to the Governor stating as the ground of his application his declining health. My earnest request to you is that at the moment of receiving this letter to urge my claims for a Chief Justiceship upon the Secretary of State through whatever channels you may be able and at all events endeavour to obtain the promise that in the event of the C.J. leaving this country, either permanently or temporarily, that I shall be appointed to the office. We shall have an early opportunity of proving whether Mr. Hay was sincere or not in his expressions and whether the Department are just or evil in their intentions towards me. It will be worth my while to have the appointment even temporarily, in as much as it will give me an increased income and enable me in a short time to free myself of all difficulties, and either to assist those who have a right to expect it from me or to avail myself on Forbes return to this Colony of a light leave of absence - which will give me time and opportunity to urge my claim in person to some fixed reward in my own country for my labours out of it. That Forbes will return - if he lives - I have no doubt and in that event I should ask for leave immediately afterwards.
I have no late letters from you. My last to you was on the 10th January. I then told you of the Governor having offered Harry a clerkship in one of the officers. Since then the Chief Justice offered him one more eligible - both in money and situation - in the Supreme Court office - £160 per annum. He accepted and was appointed on the 8th or 9th of this month. I still keep him under my roof. That, of course, I should under any circumstances do out of regard to my duty as a parent towards him, but I have thought it fair to stipulate with him that in consideration of my so doing he shall pay his grandma £30 a year for his sister's board which he can well afford to do as he does not pay for his own, and shall also give his sister £30 a year for her clothes - which I shall take care he does. The first remittance of £15 will be made very shortly as I stipulate for the first produce of his labour being remitted home, which he can also afford to do as he had received from me his quarterly allowance for his own clothes the previous month to receiving his appointment. There is no doubt of our being allowed salaries for our own clerks next year but I shall continue Harry in the Registrar's office - he is better there than with me. I would therefore offer my clerkship to Lowdell's eldest boy if it were worth his acceptance and he would send him out to me by the month of January next. If he declines then I would give it to Robert's friend Bowney's brother, of whom he wrote to me two years ago, on condition of his coming out forthwith to join me. And if he declines than I think my old clerk Allen, if he has maintained a good character hietherto [sic], ought in justice to have it. I shall write to Lowdell and in the event of declining I shall be much obliged to you to inform Robert of it and if he declines I shall be still further obliged if you will tell Francis, who may probably be aware of Allen's address, to offer it to him. But I must make the appointment in January next. It will lead, after service with and tuition under me, to a resident magistracy of £250 to £300 per annum and which may be held together with the practice of a Conveyancer but not Attorney.
I request you to give my love to our dear mother and Maria and all your little ones, little Anne and all my dear brothers, and believe me to be, my dear Edmund, ever your affectionate brother.
W.H. BURTON
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