James Milson

James Milson (25 November 1783 – 25 October 1872) was an early settler on the North Shore of Sydney, Australia.
He was born on 25 November 1783 at Grantham, Lincolnshire, England and died at the age of 88 on 25 October 1872 at Milsons Point, Sydney, New South Wales, Australia.
23-year-old James Milson arrived in Port Jackson (Sydney) on "Albion" on 19 August 1806 as one of the earliest free settlers in the Colony of New South Wales. His motivation for immigrating was the same as the many who followed him, the promise of free land. He was a native of Lincolnshire experienced in farming and was welcomed by the colonists, desperate for men with agricultural knowledge. He married in 1810 and subsequently raised a family of 6 children.
Milson did well in the Colony of New South Wales, and established a number of prosperous businesses, which included supplying ships with stone ballast, fresh water, and the produce of his dairy, orchard, and vegetable gardens.
In his own words, in the years before 1825 Milson had "principally resided in District of Parramatta" (more specifically in the area in the District of Parramatta then called the "Field of Mars").
In the early 1820s Milson settled in the District of Sydney in the vicinity of today's Jeffrey Street, Kirribilli, a Sydney suburb on the North Shore of Sydney Harbour. He was a prominent resident of the area for more than 50 years until his death in 1872 at home at "Gratham" in the modern suburb of Milsons Point in what was then called the Municipality of East St Leonards.
Milson and his sons and grandsons built several homes in the area: "Brisbane House" (James Milson), "Grantham" (James Milson), "Fern Lodge" (James Milson), "Wia Wia" (John Milson), "Elamang" (James Milson Jnr), "Coreena" (Alfred Milson, son of James Milson Jnr), and "Wayala" (Arthur Milson, son of James Milson Jnr). Milson's son-in-law William Shairp also built "Carabella". Fern Lodge (heritage listed) and Elamang (in the grounds of the Loreto Convent) were still standing in 2008.
Milsons Point, the headland into Sydney Harbour on which the north pylons of the Sydney Harbour Bridge stand, and the suburb on this headland to the west of Kirribilli, are both named after James Milson. A retirement village at North Sydney that includes a nursing home is also named after him.
In addition Milson Island in the Hawkesbury River (previously known as Mud Island, renamed in 1976), Milson Passage the passage in the Hawkesbury River between Milson Island and the southern bank (previously known as South(ern) Channel or The Gutter, renamed in 1976), and Milson Passage the suburb on the southern bank of the Hawkesbury River opposite Milson Island (previously known as Prickly Point, renamed in 1995) are all named after Milson's son Robert Milson (1824–1886).
Surname.
In many records James Milson's surname is shown as "Milsom". "Milsom" was the surname by which James signed letters, in which legal proceedings were transacted, and which appears on early maps such as the 1840s map shown below. By the time that James died in 1872 he was known as Milson, the name by which he and his family are known today.
Family tradition.
In the words of the North Sydney Historical society:
There is a Milson family tradition which includes that: 
Versions of this family tradition, or parts thereof, have been repeated as fact in many publications about the life of James Milson. The most common part of the family tradition that is repeated is that the court case between Campbell and Milson was a dispute over land title. Examples of repetition of the family tradition, or parts thereof, are found in the Australian Dictionary of Biography, the publication by Elizabeth Warne, the publication of R.H. Goddard, publications of the North Sydney Council and the North Sydney Historical Society, and the Dictionary of Sydney.
Newspaper report that contains the family tradition.
An example of a version of the family tradition follows from the "Sydney Morning Herald" of 19 May 1926.
Early years in the Colony of New South Wales.
1806 to 1810: Employment and marriage.
Fellow passengers on "Albion" with James Milson included Robert Campbell (1769–1846) and his family, and his nephew Robert Campbell Jnr. In the long voyage the Campbells and James Milson got to know each other well. Robert Campbell was a successful merchant who also had farming interests. Robert Campbell owned land that including 900 acres (364ha) at Canterbury within six miles south-west of Sydney where he ran the largest private cattle herd in the Colony, and an undeveloped 120 acres (48ha) on the headland on the north side of Port Jackson that includes both Kirribilli Point and Milsons Point.
James Milson was immigrating to begin life in the Colony as a farmer. Initially before he could obtain a land grant of his own he needed to obtain employment. A court case between Campbell and Milson in 1831 stated that Campbell was a former employer of Milson. It therefore appears that James Milson had a job with Robert Campbell on Campell's Canterbury farm even before stepping onto the shore of his new homeland.
Milson next found employment at the Field of Mars in the District of Parramatta. References do not agree as to which farm he worked on in the area.
On 8 January 1810 at St Philip's Church, Sydney, Milson, describing himself as a described himself as "servant and labourer", married Elizabeth Kilpack (1793–1850), the daughter of David Kilpack (c. 1757 – 1797) and Eleanor McDonald (c. 1754 – 1835), who at the time of her daughter's marriage was the wife of Thomas Edward Higgins (c. 1740 – 1829).
The Australian Dictionary of Biography states that Elizabeth Kilpack was the daughter of Milson's employer, without stating who Milson's employer was. Some interpret this to mean that Milson was working on the farm of Elizabeth's father David Kilpack. This, however, is impossible as David Kilpack died in 1797 which was 9 years before Milson arrived in the Colony, and before Kilpack died he had sold his farm to John Macarthur (1767–1834).
Elizabeth Warne says that Milson worked on the farm of Elizabeth's mother, the "widow Kilpack", a farm of 170 acres. This again is impossible as prior to 1816 Elizabeth's mother never owned a farm, and she was also only the "widow Kilpack" for 14 months till her second marriage to Thomas Higgins on 31 January 1799, although she was still at times identified by her maiden name of Eleanor McDonald (1822 and 1825 musters) and her former married name of Eleanor Kilpack (land grant of 1816). (Elizabeth Warne also incorrectly states that Milson worked on this farm before 1810 at the same time as working on his own farm of 50 acres opposite Sydney Cove when he did not receive the grant for this 50 acres until August 1824.) There then only remained Elizabeth's step-father Thomas Higgins. The 1806 muster, however, shows that he only had a farm of 30 acres and records in the Colonial Secretary's Index show that he did not acquire another 100 acres until July 1809.
The Beecroft and Cheltenham History Group states instead that James Milson had "worked on Cornish Hills Farm when he first arrived as a free settler in 1806". With the understanding that James Milson's first employer in the colony had been Robert Campbell at Canterbury, this is the most likely scenario of Milson's second workplace at the "Field of Mars". The Cornish Hill Farm was owned by John Macarthur. By 1803 John Macarthur had acquired a total of over 1000 acres at the "Field of Mars" being a number of smaller farms that he called the "Cornish Hill Farms", in an area that extended from today's Dundas through Carlingford and Beecroft to Thompson's Corner in Pennant Hills at the junction of Castle Hill and Pennants Hills Road. On Macarthur's Cornish Hills Farms, which included the farm that had originally belonged to the father of Elizabeth Kilpack, John Macarthur employed farm managers for the various farms and for various farming tasks. Two of these farm managers had been David Kilpack, the father of Elizabeth Kilpack, from the sale of his farm until his death in 1797, and Andrew Murray, a friend and brother-in-law of James Milson, after Murray's arrival in the Colony in 1817.
Other collaborating evidence that James Milson had been employed by John Macarthur includes that:
James Milson met his wife Elizabeth Kilpack while working on Macarthur's Cornish Hills Farms, as Elizabeth Kilpack was living prior to her marriage at the age of 16 on her step-father's 30-acre farm in the area. Her family also continued to have a close association with the Macarthurs as when her mother received a grant of 60 acres in 1816 the person who recommended for the grant was Mrs Macarthur. Andrew Murray, who married in 1818 a year after arriving in the Colony, also met his wife Eleanor Kilpack, Elizabeth's sister, while working at the Cornish Hill Farms. According to the Beecroft and Cheltenham History Group "it is said that Andrew first met Eleanor while out herding cattle at Cornish Hills Farm".
1811 to 1820: Fatherhood and land ownership.
James Milson's first land grant, of 50 acres, was granted to him on 16 January 1816 when it was recorded that he was living in the District of Parramatta (which included the "Field of Mars") and had a wife and 2 children. These 2 children were Sophia (1811) and James Jnr (1814). They were to be followed by David (1817), Elizabeth (1819), John (1821) and Robert (1824).
This first grant was for 50 acres at Broken Bay. Broken Bay is the entrance of the Hawkesbury River into the sea. It appears that Milson never did farm this land and was able to instead convince the Governor Macquarie to change this to a larger land grant of 100 acres at Pennant Hills in the "Field of Mars" (see below). Milson was successfully farming before 24 August 1819 when he was paid £7 14s remuneration from Police Fund for damages done him by Government cattle.
On 5 June 1820 an unsigned Memorial was written for James Milson to Governor Maquarie requesting further land. (Milson did not write this memorial himself.) This memorial states that James Milson came to the Colony with the family of Mr Robert Campbell, and Robert Campbell also wrote and signed a recommendation for James Milson to receive "favourable consideration" for his request on the bottom of the Memorial. The Memorial states that James Milson was residing on and farming a 100-acre grant that he had previously received from Governor Macquarie ("your Excellency was pleased to extend") at Pennant Hills. Of this 100 acres he had 20 acres under cultivation and an additional 10 acres ready for cultivation. He also had 40 head of Horned Cattle "and very little pasturage lands to graze them upon" and this was the basis of his request for a further land grant. As a result of this Memorial James Milson was granted a second 100 acres at Pennant Hills.
Property at North Sydney: 1821 to 1831 and beyond.
Milson's 50 acres adjoining 120 acres Milson leased from Campbell.
In 1821 (the year ended 30 June 1822) Milson began to lease 120 acres (48ha) of land from Robert Campbell being the headland that includes Kirribilli and Milsons Points. There is a note held by the North Sydney Historical Society that states that Milson at first thought this land to be "nothing but rocks and stones, not enough soil to grow grass to feed stock." This does not agree with Milson's desire to lease the land from Campbell, or his attempting to establish a dairy and orchard there, something that he was able to do successfully. The headland was indeed partly rocky but also contained areas of useful farm land. The rockiness was also useful in providing building materials, and from a quarry on Careening Bay a business of supplying sandstone ballast to shipping. Warne's variation of this story is that Milson found the land to be "rocky and uncompromising but he was assured that the soil was good for farming and grazing, and he was provided two convicts to assist with the clearing". This does not agree with Milson's experience as a man who had already been farming in the Colony for 15 years, or, in his own words, that Milson had been assigned convict servants from about 1810.
Milson initially leased this 120 acres of land for 7 years which extended to 30 June 1828 for a rent of £10 per annum "as a matter of favour" from Campbell. A lease agreement was signed by both parties with each taking a copy. The lease was then extended in a memorandum between the parties for a further period of 3 years to 30 June 1831 on the same terms. Non-payment of the rent on this lease between 1828 and 1831 became the basis of a court action in August 1831. By the time that Milson had stopped making rent payments on the lease, however, both parties had accidentally lost their copies of the original lease agreement, and Campbell had also accidentally lost his title deeds to the land. Once the court case was concluded with Milson being ordered to pay the rental arrears as damages, Milson continued to lease land from Robert Campbell until Campbell's death in 1846, and then from subsequent owners. A map from the 1840s show that Milson was still then leasing a smaller part of the 120 acres.
It is on part of the 120 acres (48ha) that Milson began to lease from Robert Campbell in 1821 that Milson built his dairy and his orchard and also grew vegetables in the area of the modern day Jeffrey Street. It is also on the small portion of the leased 120 acres where Milson established his dairy, orchard and vegetable gardens that Milson built his first home in the area, and another dwelling called "The Milk House" which became "a well known resort of Sunday-goers" from Sydney. It was from the 120 acres of leased land that Milson built a good business supplying ships in Sydney Harbour with fresh fruit and vegetables, milk and water, as well as ballast from a quarry near Careening Cove.
There is no way of knowing exactly when in the early 1820s Milson and his family started to reside on the leased 120 acres. In the 1822 muster of New South Wales, however, he is shown as a resident of the District of Sydney rather than the District of Parramatta showing that the move probably had been made before then. Then in at least the period 22 August 1823 to 1 November 1825 Milson and his wife lived at least part-time at Government House as they were employed there, with James acting as a Steward and Keeper of Government House.
In August 1824 Milson received from Governor Sir Thomas Brisbane a land grant of 50 acres (20ha) further up the headland and adjoining the 120 acres that Milson leased from Robert Campbell. (Elizabeth Warne incorrectly states that this 50 acres was received not as a land grant but as a promissary note.) This land grant gave Milson additional land on which to graze his dairy herd. This land grant also allowed Milson to be shown as a landholder in the District of Sydney in the 1825 muster of New South Wales rather than a resident as in the earlier 1822 muster. As Milson owned this 50 acres rather than leasing it, it was on this 50 acres that he built his family homes of "Brisbane House" (1831) and "Grantham". This land grant also made Milson not just one of the areas most prominent businessmen but also one of the area’s most prominent landholders.
Devastating bushfires occurred in November 1826, with "a house in the occupation of Milsom, a milkman on the North Shore" being burnt down on Saturday 25 November 1826. Elizabeth Warne also correctly records that the bushfires destroyed what was the other dwelling on the property, the "Milk House", but incorrectly calls it a dairy building. The Australian Dictionary of Biography reports that Milson lost in the fire the title deeds of his land at Pennant Hills (close to Castle Hill) and his 50-acre (20 ha) grant at "Hunter's Hill" (then the name for the area of North Sydney that includes today's suburb of Kirribilli and not to be confused with the today's modern day suburb of Hunters Hill) which adjoined the 120 acres (48ha) that Milson leased from Robert Campbell where Milson's dairy and orchard stood. If he lost the title deeds to these lands he also lost the title deeds to his other landholdings including those at Wollombi. (Loss of these title deeds did not force Milson to buy "some 890 acres" of land including land at Wollombi as claimed by Elizabeth Warne. Milson already owned this land prior to the fire, having, for example, purchased Wollombi in 1825. Loss of his title deeds had no long term consequence on Milson and those lands owned prior to the bushfire were also included in his will of July 1829. The subsequent 1831 court case between Campbell and Milson over Milson's non-payment of rent on the lease of 120 acres of land at "Hunter's Hill" discloses that Milson's copy of the lease document was accidentally lost, probably in the same bushfire.
In 1827 Milson had built for his family a replacement cottage on the leased 120 acres that he called "Brisbane Cottage" on or close to the site of his home that had been destroyed by the bushfires. According to notes held by the North Sydney Historical Society this cottage was built by Martin Regan, one of Milson's assigned convict servants who lived until he was 105. This replacement cottage, by then being used as a worker's cottage, appears in a map of the 1840s.
In 1827 Milson also built his daughter Sophia as a wedding present a cottage that he called "Carabella Cottage" on his 50 acres, and two years later her husband William Sharp built nearby a much larger home that he also called "Carabella" for £600 and that was situated at modern 34 McDougall St, Kirribilli. Milson was also to build his own homes "Brisbane House" (1831) and then "Grantham" on this land. The Dictionary of Sydney describes "Brisbane House" as "a stone house with two storeys facing Lavender Bay, then commonly called Hulk Bay, after the convict hulks moored nearby" and "Grantham" as "a large bungalow-style sandstone home on a larger plot of land (now occupied by the Greenway Housing Commission flats)." In the November 1828 census of New South Wales Milson is recorded as owning 1600 acres of land that included this 50 acres on which he was to build his home.
Before September 1828 it was known to both Milton and Campbell that neither of them had retained a copy of the original lease agreement for Campbell's 120 acres at "Hunter's Hill", and that both of them had lost the title documents for their respective lands at "Hunter's Hill". Only copies of the memorandum still existed.
Milson then attempted to obtain ownership of the land that he knew was owned by Robert Campbell by surreptitious means. In September 1828 Milson wrote to the Surveyor-General and expressed surprise that the land on which his house stood had been "measured to the Honourable Robert Campbell whose claim has never been properly established." Milson also wrote to the Governor on 3 October 1828 in a letter which stated "I have also to inform your Excellency that during the absence of the Surveyor-General, who is in Argyllshire, Messrs Cordeaux and Finch tool it upon themselves to erase my name which stood in the chart for the land which I am now in possession of, and are endeavouring to trump up a claim in favour of the Honourable Robert Campbell for the said land." Milson received a reply on 13 March 1829 from the Colonial Secretary, Alexander Macleay, which stated "I am directed by His Excellency the Governor (Ralph Darling) to inform you that if you allude to the spot on which you have built you must be aware that you cannot obtain it as it is the property of Mr Robert Campbell, who states that he actually gave a lease of it to you, and that the land to which you are entitled" (the adjoining 50 acres) "is already measured and marked out." 
Milton also stopped paying his rent after having paid £4 2s 8d of the £10 rent for the year ended 30 June 1829. By the end of June 1831 Milton owed Campbell £25 17s 4d in rent (£5 17s 4d for the remainder of 1828/29 + £10 for 1829/30 + £10 for 1830/31). In June 1831 Campbell had served upon Milton a bill of arrears of rent, and had received a promise of payment from Milton that had not been fulfilled. On 12 August 1831 Campbell then began court action against Milton for the arrears of rent. As the original lease agreement no longer existed Campbell sued Milton under an action of assumpsit (or breach of promise to pay) for use and occupation of Campbell's land.
During the court action of 1831 Milton never disputed Campbell's title to the 120 acres, or that a lease agreement had been in place. Indeed a copy of the memorandum that extended the original lease, the "second document", still existed. Milton also did not disagree with the evidence of Campbell's son "that a formal instrument had been executed by the parties, binding them, under their hands and seals, to certain performances of a contract for a specified term of years". Milton instead disputed knowledge of the boundary between Campbell's 120 acres and Milton's adjoining 50 acres (referred to as "very large portion of land") which he contended could not be proved without the title documents ("proof of title") under which Campbell held his land. Lack of knowledge of the boundary Milton contended caused him difficulties and for this reason he had resisted paying rent. Milton contended that not knowing where the boundary lay between the two plots of land meant that Milton did not know where the opposite boundary of his own 50 acres lay, left him open to a charge of trespass if he impounded cattle that wandered onto his land if the cattle were in fact on the land of his other neighbour, and left Milton without knowledge of how far to advance with improvements on his own property either in the direction towards Campbell's land, or on his opposite boundary. (That Milton was also missing the title deeds to his 50 acres was not drawn into his argument.) Milton also contended that he did not have the use of the 120 acres "sacred to the lease" as a man by the name of Cunningham was allowed to come onto the land and take away quantities of soil. Milton also contented that the action of assumpsit (or breach of promise to pay) for Milton's use and occupation of Campbell's land was not a lie, but that the proper course for Campbell to have pursued should have instead been an action for debt under the second document, the memorandum.
The decision of the court was that even without registered title Campbell was the legal owner of the 120 acres, and that Milton was the permissive occupant. The action for assumpsit (or breach of promise to pay) for Milton's use and occupation of Campbell's land was therefore proved. Milton was ordered to pay to Campbell damages of £25 17s 4d, the arrears in the rent.
Bushfire of Saturday, 25 November 1826.
A second newspaper report in the "Sydney Gazette" of the same date provides more information. At the time of the bushfire Milson was away from the property but his wife and children were at home. Mrs Milson sustained burns from the fire.
A third newspaper report gives even more information about the events of the bushfire of 25 November 1826 that destroyed Milson's buildings and livelihood. This was coincidentally the 12th birthday of Milson's son James Milson Jnr. The report ends with the chilling words "chilling Poverty appears to be their only prospect." Fortunately that was not to be the case.
Campbell's 120 acres from 1794 to 1820.
The area of Kirribilli ("Hunter's Hill") was settled by Europeans early in the history of the Colony of New South Wales. The first record of land being granted in this area of the North Shore was on 20 February 1794. This was for 30 acres (12 ha) on the "North side of the Harbour of Port Jackson, opposite Sydney Cove" for a quit rent of 1s per annum after 10 years to an expired convict, Samuel Lightfoot. The North Sydney Historical Society states that the 30-acre grant extended from where Milsons Point Railway Station is now to Kurraba Point but this is impossible as it is an area of much greater than 30 acres and extends over to Neutral Bay which was never part of the land grant. Revising their description, the original land grant extended from about the position of today's Milsons Point Railway Station across to Lavendar bay, and down to and including Milsons Point, that is the western side of the later 120-acre land grant. Lightfoot was a former convict, born in about 1763 and transported to Australia for seven years for stealing clothing. He arrived with the First Fleet in 1788 on .
In 1794 Thomas Muir, a Scottish constitutional reformer, was sentenced to transportation for sedition. He arrived in the Colony on the Surprise on 25 October 1794. Lightfoot sold his farm to Muir who also had a cottage on what is now Circular Quay. The farm that Muir began to establish on the 30 acres he named, after his father’s home in Scotland, "Huntershill" (not to be confused with the modern day suburb of "Hunters Hill" further up the harbour). Muir is thought to have built a hut marked on an old map, and therefore is thought to have been the first European resident on the North Shore. Thomas Muir escaped from the colony in February 1796 aboard an American brig, the "Otter" and died in France two years later.
The next record of 26 April 1800 is that the 30 acres that had been purchased by Robert Ryan. (Some references incorrectly state that Ryan was granted the 30 acres.) Ryan had worked in Norfolk Island, both as a soldier and also a settler. It is not known how the ownership of the land passed from Muir to Ryan, or whether there were other unknown intermediate owners.
On 26 April 1800 the Colonial Secretary recorded that the 30-acre land grant to Lightfoot was cancelled. The 30 acres had been purchased by Robert Ryan and was being cancelled to incorporate it with an additional grant of 90 acres (36ha) into a total grant of 120 acres (48ha) "On the North side of the Harbour, opposite Sydney Cove" for a quit rent of 2s per annum after 5 years. The 90 acres (he already owned the 30 acres) was being given to Ryan for his services in the Royal Marines and the NSW Corps. The corresponding entry in the Register of Land Grants states "Cancelled, and a New Grant given to Robert Ryan for 90 acres in addition to this Allotment, by Governor Hunter. See the third Register, Folio 37." The entry against the list of all grants and leases of land registered in the Colonial Secretary's Office for Robert Ryan's 120 acres says "90 acres of this grant is given towards the complement Ryan is entitled to of 160 for his services to the Marines & NSW Corps; the other 30 is a Grant of Samuel Lightfoot's which was purchased by the present proprietor & is now cancelled in the first Register folio 78. Robert Ryan therefore has yet 70 acres of land to receive."(160-90=70)
This 120-acre grant to Ryan included almost all of the Kirribilli headland including both Kirribilli Point and Milsons Point.
Around 1806 Ryan, who knew nothing about farming, sold the property to Robert Campbell, a wealthy Sydney merchant. Campbell built Australia’s first shipbuilding yards there in 1807, at the site that is now occupied by the Royal Sydney Yacht Squadron, Kirribilli.
1814 Quarantine Station.
The uninhabited 120 acres at Kirribilli was also used briefly for quarantine purposes in 1814 for the people who had arrived on the convict ship "Surry".
In 1814 the Surry was carrying a "cargo" of 200 male convicts. Passengers on board were 25 men of the 46th Regiment. During the voyage out from England malignant fever (typhoid fever) raged on board and a total of 42 men died before the ship anchored in Port Jackson on 27 July 1814. Of these 42 men: 36 were convicts (listed with their names and dates of death in the Sydney Gazette of 10 September 1814), 2 were of the ship's crew, 2 were soldiers from the 46th Regiment, 1 was the 1st (Chief) Mate, and shortly before the ship anchored the Master (Captain) of the ship also died. (36+2+2+1+1=42).
Once the Governor became aware of the situation on board "Surry" he ordered that the ship be anchored near the uninhabited North Shore and be placed into quarantine. This quarantine was also placed on both the ship and the part of the North Shore off which the ship anchored to allow those on the ship onto land.
The Government Orders about the Quarantine were clear that no one was to go near the persons who had arrived on "Surry". A guard was to be placed on board the ship, another guard on the land, and severe punishment was promised for anyone who broke the quarantine.
Quarantine restrictions were lifted for the ship on 13 August 1814, but the restrictions on the camp lasted longer.
The uninhabited land on the North Shore off which "Surry" anchored, and on which the persons who had arrived on the ship were allowed to land and set up camp during the time of their Quarantine, was the 120-acre headland owned by Campbell that included Milsons Point and Kirribilli Point. Thus this headland was the first site in Australia to be used for quarantine purposes. This is known because three typhoid victims from "Surry" were buried there with their graves being in the area that later became Milson's orchard. These graves are stated to be the site of the first burials on the North Shore. They are shown on MAP 3 in this article, a part of the 1840s map of the area. The notation on the map says "Spot where three of the Surry's crew are interred". One of those buried is known to have been the ship's surgeon who attended the typhoid victims. In 1925-26 when homes were being demolished for the construction of the Sydney Harbour Bridge, the gravestones were found being used as hearthstones in cottages in what is now Bradfield Park (located approximately 50 metres west of the location of the graves shown on the early map), and included the gravestone of the surgeon.
The 42 deaths before the ship anchored, plus the 3 graves brings the death toll to 45 (assuming that the 3 graves were all for deaths that occurred after the ship anchored). Bateson, however, states that there were a total of 51 deaths before the quarantine was lifted and lists the additional 9 deaths as the 2nd Mate, the boatswain, an additional 4 seaman, an additional 2 soldiers, and the surgeon.
Thomas Raine was a junior officer on board the "Surry". The epidemic of typhus left him the only surviving officer. He subsequently commanded her for the next three voyages (1816, 1819, 1823).
Raine's grandson Tom Raine founded Raine and Horne, an Australian real estate franchise in 1883. There is a memorial to Raine slightly to the west of the Jeffrey Street Wharf.
The family tradition is that Milson lived on this land from the time of his marriage in 1810, and that Milson gave permission for the victims from "Surry" to be buried there in 1814. That this piece of land was used for a strictly enforced place of quarantine is proof, however, that the 120 acres was uninhabited in 1814, that James Milson did not live there at that time, and that the graves were already in place before Milson moved there and started to build his orchard.
Subsequent owners of Campbell's 120 acres after his death in 1846.
After the death of Robert Campbell in 1846 his lands first passed into the hands of his Estate, and then changed ownership under the terms of his will. It is by Campbell's will dated 11 October 18?? (unreadable) that Campbell's 120-acre property in Kirribilli was broken up into areas that can be readily compared with modern maps.
Campbell left a complex will. Eventually each of the sons received one-sixth of the estate while both daughters' shares passed on to the Jeffreys family by about 1880. The west side of Jeffreys Street was left to George Campbell, the youngest son. The east side of Jeffreys Street was left to the elder sons, John and Robert Campbell. Arthur Jeffreys was left the block of land immediately to the north of Jeffreys Street, on the northern side of Fitzroy Street.
Among Campbell's landholdings bequeathed to his children was a small bequest to his daughter Sarah Campbell, the wife of Arthur Frederick Jeffreys. By a deed of partition dated 15 April 1848 and conveyance of 28 February 1854, Jeffreys received a small portion of the 120 acres being the area approximately bounded by modern Willoughby, Carabella, Fitzroy and Broughton Streets (including Burton Street), an area of land that is immediately north of where Milson's dairy and orchard once stood.
Arthur Jeffreys subsequently disposed of various portions of his holding. In 1873, which was also after the death of James Milson, Jefferys sold 2 roods and 6 perches (.2 ha) to joint purchasers Neil Stewart of Parramatta and Henry Hocke Bligh of North Shore. This is the area of the modern Kirribilli Neighbourhood Centre at 16 Fitzroy Street.
At this time Sydney was still a very small colony and the two new owners of this 2 rods and 6 perches of land were connected to Milson by marriage. Stewart's sister had been the second wife of Milson's eldest son, James Milson junior, and Bligh had married Elizabeth Milson Shair, Milson's grand-daughter.
Early maps of Kirribilli.
The North Sydney Historical Society mentions an old map on which a hut is marked but provides no other details.
A road survey map of 1822 identifies a "Point Kiriabilli" with no indications that the area was settled.
Map 1 & Map 2.
The earliest detailed map of the area dates from the 1840s and is held by the National Library of Australia. It was a plan for sub-division drawn up for the Estate of Robert Campbell (1769–1846), the owner of the land. The map shows settlement in the area of Jeffrey Street and Milsons Point as well as what is now known as Kirribilli House and Admiralty House at Kirribilli Point. The other parts of the map have streets and property boundaries shown for the subdivision but are otherwise largely blank.
The map shows the extent of the 120 acres (48ha), owned by the Estate of Robert Campbell, which James Milson was leasing from Robert Campbell in the 1820s, and the subsequently smaller area that Milson was leasing in the 1840s where just his orchard, dairy and a worker's cottage were situated. The worker's cottage had been his second home in the area, "Brisbane Cottage". It is believed to near the site of this cottage that Milson had built his first home in the area that was destroyed in the devastating bushfires of November 1826.
Adjoining the 120 acres (48ha) owned by the Estate of Robert Campbell the map also shows the location further up the point of the 50-acre (20 ha) grant of land made by Governor Brisbane to Milson in August 1824. When compared with modern maps of the area, the 1840s map shows that the boundary between Campbell's 120 acres and Milson's 50 acres went across the peninsula in a straight line, and that modern day Willoughby Street forms part of that straight line.
It was on this adjoining 50 acres (20ha) owned by Milson that Milson grazed his dairy cattle. It was also on this adjoining 50 acres (20ha) owned by Milson that Milson had resided since 1831 when he built "Brisbane House" as the family home. The house was named after Sir Thomas Brisbane, Governor of NSW from 1821 to 1825. It was a two storey stone house situated approximately at the block enclosed by today's Arthur, Middlemiss and Lavender Streets, Lavender Bay. The home faced Lavender Bay, then commonly called Hulk Bay, after the convict hulks moored nearby. In addition Milson later built on this 50 acres (20ha) a large bungalow-style sandstone home situated at Greenway Drive, Milsons Point near where the Greenway Housing Commission Flats are today. This home was called "Grantham" after James Milson's place of birth. Both these homes were demolished in 1925-26 to make way for the building of the Sydney Harbour Bridge.
Map 3.
The cropped detail map shows that Milson had an orchard, dairy, beehives and a (worker's) cottage on leased land in the vicinity of Jeffrey Street. In the orchard were the 1814 graves of three men from the "Surry", vegetable beds and a gardener's hut. The dairy was in a barn and near the dairy was a well, milking bails, and a calf pen. The cottage had a separate kitchen and near the cottage were sheds, a stable, a store, the bee-hives, and a men's slab hut. The map also shows the tank on the foreshore below the orchard that Milson built in 1832 (according to the Australian Dictionary of Biography) to supply water to shipping. According to one contemporary observer of the times:
Other features of the cropped detail map in the vicinity of Jeffrey Street are as follows:
Map 4.
A map from the 1850s for the then proposed Municipality of East St Leonards (which was proclaimed in 1860) shows boundaries of original grants. It shows the extent of the 50 acres that was granted to James Milson in August 1824 which has been highlighted in pale blue. When compared to modern maps it shows that the 50-acre grant extended from Berry Street in the North, Walker Street in the West, abutted Careening Cove and other grants in the East for which no modern street marks the boundary, and adjoined Campbell's 120 acres in the south at Willoughby Street.
Campbell v Milsom: 1831.
"Sydney Monitor", 5/10/1831:
Dispute over 100 acres at Pennant Hills.
In 1820 James Milson owned, and was living on, a land grant of 100 acres at Pennant Hills. This was not enough land for his needs and he began making attempts to increase the land available to him for farming purposes. First in 1820 he requested a second land grant from Governor Macquarie, and second in 1821 he made arrangements with Robert Campbell to lease 120 acres of undeveloped land at Kirribilli.
Milson's request for a second land grant from Governor Macquarie was successful, and after May 1821 Milson was granted a second 100 acres at Pennant Hills. James Milson applied to the Surveyor General John Oxley (1783–1828) and on 15 September 1821 received an order of possession for 100 acres that had been part of John Macarthur's Cornish Hills Farm and that John Macarthur had surrendered to the Crown in May 1821 as part of a deal to give Macarthur more land at Camden. This second 100 acres at Pennant Hills then became the subject of a dispute between James Milson and James Shepherd.
Sir Thomas Brisbane became Governor of New South Wales on 1 December 1821. In an undated memorial sometime after 1 December 1821 and before 8 November 1822, James Milson dictated a letter to Governor Sir Thomas Brisbane giving his side of the land dispute. This memorial is signed "James Milson", in the same hand that wrote the memorial, on James Milson's behalf. Milson then took possession of the 100 acres, began to clear the land by "felling some timber", and built "the frame of a small dwelling". Another man, James Shepherd of Kissing Point (an area between Ryde and the Parramatta River) also received an order for a grant of 100 acres from Governor Maquarie, and order which Milson maintained (incorrectly) did not state where the land was located. James Shephard then came upon the 100 acres for which James Milson had a possession order and began felling timber. James Shepherd was claiming a right of possession of this land. Milson next mentions that this 100 acres was part of the land given up by John Macarthur to the Government. He then claims that John Macarthur had "begged that the piece of land alluded to if located to anyone might be given to" James Milson. Milson then asked for Governor Brisbane to redress this grievance and to confirm Milson's order of possession from Mr Oxley.
The order of possession that Milson had from the hand of John Oxley said:
On 8 November 1822, James Shepherd dictated a memorial to Governor Sir Thomas Brisbane giving his side of the land dispute. This memorial is signed "James Shepherd", in the same hand that wrote the memorial, on James Milson's behalf, and in a different hand to earlier memorials of James Shepherd. James Shepherd stated that, after his name was inserted on a list of applicants to receive grants of 100 acres of land, that after learning from John Macarthur that he had relinquished a farm in the District of Dundas adjoining a farm that James Shepherd already owned, that Shepherd memorialised Governor Maquarie respecting this land. (The memorial to which he referred was dated 6 August 1821 and referred to the 100 acres that had originally been granted to James Cover.) to which he received the following answer:
James Shepherd then mentions that Milson approached Oxley after this date requesting the same land, and Oxley not knowing that the land had already been granted to Shepherd promised it to Milson. As a result Milson took possession and felled about one acre of timber.
James Shepherd next states that he then approached Oxley showing Oxley the order that he had from the Governor, and that Oxley then directed Milson to choose land in some other place. (This is something that Milson did not mention in his memorial.) As a result of Mr Oxley's orders to Milson, James Shepherd then took possession of the land and be way of improvement began to fell timber.
From both Milson's and Shepherd's memorials we learn both men had come upon the 100 acres and begun to clear it by felling timber, and that they had done this that independently, and initially without the knowledge of the other. This was possible because neither man was living on this land. James Shepherd who also owned the 100 acres next door to this land (on which he ran horned cattle) was living at Kissing Point. James Milson was working on his other 100 acres at Pennant Hills, and working at Kirribilli where he was improving leased land to establish what would become his dairy and orchard, and living between the two.
James Shepherd continues his memorial by stating that he next applied to Governor Brisbane for a clearing party to help him clear the land. The answer that Shepherd received was "that James Milsom has represented to his Excellency that he had a prior claim." Shepherd then most humbly begs the Governor to make inquiry or investigation as such will prove that Shepherd has the "right of priority". Shepherd also asks that the Givernor enquire of Mr Meehan the Deputy Surveyor who was consulted by Governor Macquarie before he gave Shepherd the answer that granted Shepherd that 100 acres. Stating that Governor Brisbane has the highest sense of justice and impartiality, Shepherd then "trust"s that the "misunderstanding will be removed".
On the back of James Shepherd's memorial some notes were scribbled to say that the Governor had decided that the decision to this dispute should be made by 2 arbitrators, one each to be chosen by the 2 claimants. As a result on 10 February 1823 both James Milson and James Shepherd were written to by Colonial Secretary Frederick Goulburn on behalf of Governor Brisbane with instructions for arbitration based on the scribbled notes. The two men acted swiftly to appoint arbitrators as on 20 February 1823 Shepherd had a letter written to Mr Goulburn complaining about Milson's choice of Arbitrator. Milson had chosen to be his Arbitrator John Macarthur. Shepherd disagreed with this choice on 2 grounds. One that due to Macarthur's illness proceedings would be delayed. Two that John Macarthur would not be impartial as John Macarthur had tried to procure the farm for James Milson.
Unfortunately there is nothing contained in the papers of the Colonial Secretary that records the outcome of the arbitration.
Other landholdings.
In the November 1828 census of New South Wales Milson is recorded as living at Hunters Hill, then the name for the area of Kirribilli. He is also recorded as holding 1600 acres (646ha) of land in the Colony of New South Wales of which 150 acres (60ha) had been cleared. His declared holding of livestock was 4 horses and 220 horned cattle.
It has been stated earlier in this article that James Milson owned 100 acres at Pennant Hills (Memorial of 1820) and 50 acres at North Sydney (near Kirribilli) that he received in August 1824. The Australian Dictionary of Biography states that in his will signed in July 1829 Milson lists a landholding of 220 acres (89ha) at Castle Hill (that is Pennant Hills, and includes the 100 acres of the memorial of 1820), the 50 acres (20 ha) granted by Governor Sir Thomas Brisbane at North Shore, 640 acres (259 ha) at Wallumbie (Wollombi), and 5 acres (2 ha) on Neutral Harbour (Bay) totalling not 1600 but 915 acres. This list shows, however, that Milson had disposed of some of his lands, and the disposal may have been between November 1828 and July 1829.
In 1824 there is an undated memorial to Governor Brisbane about a grant of land that he had been promised. This largely illegible document states that the place where he had been told to pick a plot of land (the Australian Dictionary of Biography refers to this as being 300 acres at Pennant Hills) no longer had any unallocated land. Milson instead requested land "some unallocated land at the head of Pitt Water back of Mr Wentworth’s farm". It is not known how many acres this grant was for, or if the request for land to be situated Pitt Water was granted. The Australian Dictionary of Biography states that Milson instead sought the 50 acres on the North Shore (that he was granted in August 1824) and 300 acres farther inland. The 50 acres on the North Shore adjoining the 120 acres than was being leased from Robert Campbell appears to be the grant given instead of land at Pittwater (Mona Vale). If Milson also received additional land further inland he had disposed of it before July 1829 as it was not listed in his will.
In a later undated memorial in 1824 written to Frederick Goulburn, the Colonial Secretary, Milson requests a ticket of occupancy for land bordering the Narrabeen Lakes where he wishes to place his horned cattle. This largely illegible document states that James Milson has 100 head of horned cattle. Bordering this land is "(east or west) side by the (illegible), (illegible) side (illegible) Lagoon called Narrow Byne and (north or south) (illegible words) ?amson’s farm." The ticket of occupation was granted on 28 December 1824 when Milson received a letter from Frederick Goulburn in regard to the memorial that Milson had submitted. It is not known how many acres this land was. Milson had disposed of this land before July 1829 as it was not listed in his will.
In 1825 James Milson was allowed to purchase 1000 acres of crown land. On 3 May 1825 his name appears on a list of persons who have received warrants to purchase crown lands which states that he had already paid for 1000 acres. This land was at Wollombi and Milson had disposed of some of this land before July 1829 as only 640 acres is listed in his will.
On 18 June 1825 Milson submitted another memorial requesting land at Lane Cove. The interesting thing about this memorial was that, even though it was prepared for him by another, James Milson signed it. It is signed as "J W Milson". In this memorial Milson stated that he had been in Colony for 19 years, that he came free (that is he did not arrive as a convict), and he has a wife & six children. He also states that he has built up a herd of 120 cattle. He has the means to improve and cultivate another farm if such is granted with which he will be better able to provide for his large family. He asked for a grant at Lane Cove near Mr Wolstoncroft’s and southwest of Higgins’ Farm. This request for more land was successful, and he received 250 acres. In regard to this 250 acres his name appears on a list of persons who have received orders for grants of land dated 25 August 1825 & on a list of lands granted and reserved by Sir Thomas Brisbane dated 17 September 1825. Milson had disposed of this land before July 1829 as it was not listed in his will.
The Australian Dictionary of Biography states that "In 1832 he built on the North Shore a reservoir for watering ships. In later years he acquired more land and was a keen yachtsman." It is recorded in the "Sydney Monitor" of 2 December 1835 that he bought another 50 acres of crown land at Wollombi.
A public reply to a charge of assault.
In October 1825 James Milson was brought before the court in a charge of violent assault towards James Murphy, one of his assigned servants:
According to a letter from James Murphy the case had also been reported in an earlier edition of the "Sydney Gazette" dated Thursday 18 October 1825. As a result of this publicly reported assault charge James Milson had a letter written to the Editor of the Sydney Gazette giving his side of the story. Bruising that the magistrates had called "an outrage on humanity" Milson underplayed as a strike on the face.
This letter reveals in James Milson's own words details of his farm and business dealings:
James Milson Jnr (1814–1903) & the Royal Yacht Squadron, Kirribilli.
James Milson Snr was a farmer and his business interests were associated with the land and its produce. His son James Milson Jnr served a mercantile apprenticeship and became a merchant involved in importing and exporting. He gained a wide knowledge of shipowning.
In 1845 James Milson Jnr invested in the company that owned the paddle steamer the "Fairy Queen". In the 1860s James Milson Jnr also became a director of the Australian Steam Navigation Co. In September 1863 James Milson Jnr was one of the founders of the Milson's Point Ferry Co which inaugurated a regular service between Milsons Point and Circular Quay. Milson's Point Ferry Co was sold in March 1878 to become the North Sydney Ferry Co, and which later merged to become Sydney Ferries Limited.
With the same name, some sources confuse details between father and son and attribute to James Milson Snr some of the activities of James Milson Jnr. This includes the North Sydney Historical Society which states that James Milson Snr was the Milson who co-founded the ferry service. This, however, disagrees with the details in the Obituary of James Milson Jnr. Also often attributed to James Milson Snr is that he was a keen yachtsman and active in local politics, both attributes of James Milson Jnr not James Milson Snr.
James Milson Jnr was a prominent figure among yachtsmen from the early 1830s. His obituary states that he may be described as the "doyen" of Australian yachting.
James Milson Jnr described regattas from as early as 1834 when races were between ship's boats provided with temporary keels. By 1836 there were several small yachts afloat on Port Jackson (Sydney Harbour) and an informal association of yachtsmen including James Milson Jnr, the first approach to a yachting club in Australia.
James Milson Jnr's first yacht was the "Sophia" named after his elder sister. He raced the "Sophia" in the 1st Anniversary Regatta of the informal association in 1837. In 1841 he was winning races in his second yacht the "Friendship" a famous 12 ton decked boat, built especially for him by Mr George Green, of Lavender Bay. In 1855 James Milson Jnr returned from England with the "Mischief", an 11-ton cutter, the first English yacht in Port Jackson, which won many of the races into which it was entered. In 1859 he built the "Era" which came out in framework from England. This 25-ton yacht was one of the best-known craft in Sydney in the 1860s.
In 1856-57 the first formal yachting club in Australia, the "Sydney Yacht Club" was formed with Mr Hutchinson Brown, police magistrate, as commodore, and James Milson Jnr as one of the members. Then on 8 July 1862 was founded "The Australian Yacht Club" when nineteen yachtsmen, including James Milson Jnr, met in the office of The Hon William Walker MLC who became the first Commodore. James Milson Jnr took a leading part in the formation of the association and was the first vice-commodore. Royal patronage was sought. On 27 June 1863 a letter was received from England notifying of the Prine of Wales' willingness to be patron, and designating the club as the "Royal Sydney Yacht Squadron". In 1863 James Milson Jnr was made Commodore.
The Royal Sydney Yacht Squadron first began to lease a property as its base in 1902 when it contained a lease on a property at Wudyong Point on the eastern side of Kirribilli Point. Wudyong Point is on the 120 acres that James Milson Snr had originally leased from Robert Campbell. The site was formally occupied by the Royal Yacht Squadron on 24 January 1903, just 12 days after the death of James Milson Jnr on 12 January 1903.
Burial.
Both James Milson Snr (1783–1872) and James Milson Jnr (1814–1903) are buried in St Thomas' Rest Park, West Street, Cammeray just 3.5 km inland from Milsons Point.