Volume I Part 5 (1/2)
In the report, of the survey made by Lieutenant King, during the governor's absence, the latter found nothing to induce him to alter his resolution of fixing in Port Jackson: directions were therefore given, that the necessary supply of water and gra.s.s for the stock should be immediately sent off to the s.h.i.+ps, and the next morning was appointed for their departure from Botany Bay.
Several trees had been cut down at Point Sutherland, a saw-pit had been dug, and other preparations made for disembarking, in case the governor had not succeeded as, to the great satisfaction of every one, it was found he had; for had he been compelled to remain in Botany Bay, the swampy ground every where around it threatened us with unhealthy situations; neither could the s.h.i.+pping have ridden in perfect security when the wind blew from the SE to which the bay lay much exposed, the sea at that time rolling in with a prodigious swell. A removal therefore to Port Jackson was highly applauded, and would have taken place the next morning, but at daylight we were surprised by the appearance of two strange sail in the offing. Of what nation they could be, engaged the general wonder for some time, which at last gave way to a conjecture that they might be the French s.h.i.+ps under M. de la Perouse, then on a voyage round the world. This was soon strengthened by the view of a white pendant, similar in shape to that of a commodore in our service, and we had no longer a doubt remaining that they were the s.h.i.+ps above mentioned.
They were, however, prevented by a strong southerly current from getting into the bay until the 26th, when it was known that they were the _Boussole_ and _Astrolabe_, French s.h.i.+ps, which sailed, under the command of M. de la Perouse, from France in the year 1785, on a voyage of discovery. As Captain Hunter, with whom the governor had left the charge of bringing the _Sirius_ and transports round to Port Jackson (whither he had preceded them in the _Supply_ the day before), was working out when M. de la Perouse entered Botany Bay, the two commanders had barely time to exchange civilities; and it must naturally have created some surprise in M. de la Perouse to find our fleet abandoning the harbour at the very time he was preparing to anchor in it: indeed he afterwards said, that until he had looked round him in Botany Bay, he could not divine the cause of our quitting it, which he was so far from expecting, that having heard at Kamschatka of the intended settlement, he imagined he should have found a town built and a market established; but from what he had seen of the country since his arrival, he was convinced of the propriety and absolute necessity of the measure. M. de la Perouse sailed into the harbour by Captain Cook's chart of Botany Bay, which lay before him on the binnacle; and we had the pleasure of hearing him more than once pay a tribute to our great circ.u.mnavigator's memory, by acknowledging the accuracy of his nautical observations.
The governor, with a party of marines, and some artificers selected from among the seamen of the _Sirius_ and the convicts, arrived in Port Jackson, and anch.o.r.ed off the mouth of the cove intended for the settlement on the evening of the 25th; and in the course of the following day sufficient ground was cleared for encamping the officer's guard and the convicts who had been landed in the morning. The spot chosen for this purpose was at the head of the cove, near the run of fresh water, which stole silently along through a very thick wood, the stillness of which had then, for the first time since the creation, been interrupted by the rude sound of the labourer's axe, and the downfall of its ancient inhabitants; a stillness and tranquillity which from that day were to give place to the voice of labour, the confusion of camps and towns, and 'the busy hum of its new possessors.' That these did not bring with them, 'Minds not to be changed by time or place,' was fervently to have been wished; and if it were possible, that on taking possession of Nature, as we had thus done, in her simplest, purest garb, we might not sully that purity by the introduction of vice, profaneness, and immorality. But this, though much to be wished, was little to be expected; the habits of youth are not easily laid aside, and the utmost we could hope in our present situation was to oppose the soft harmonising arts of peace and civilisation to the baneful influence of vice and immorality.
In the evening of this day the whole of the party that came round in the _Supply_ were a.s.sembled at the point where they had first landed in the morning, and on which a flag-staff had been purposely erected and an union jack displayed, when the marines fired several vollies; between which the governor and the officers who accompanied him drank the healths of his Majesty and the Royal Family, and success to the new colony. The day, which had been uncommonly fine, concluded with the safe arrival of the _Sirius_ and the convoy from Botany Bay--thus terminating the voyage with the same good fortune that had from its commencement been so conspicuously their friend and companion.
The disembarkation of the troops and convicts took place from the following day until the whole were landed. The confusion that ensued will not be wondered at, when it is considered that every man stepped from the boat literally into a wood. Parties of people were every where heard and seen variously employed; some in clearing ground for the different encampments; others in pitching tents, or bringing up such stores as were more immediately wanted; and the spot which had so lately been the abode of silence and tranquillity was now changed to that of noise, clamour, and confusion: but after a time order gradually prevailed every where. As the woods were opened and the ground cleared, the various encampments were extended, and all wore the appearance of regularity.
February.] A portable canvas house, brought over for the governor, was erected on the East side of the cove (which was named Sydney, in compliment to the princ.i.p.al secretary of state for the home department) where also a small body of convicts was put under tents. The detachment of marines was encamped at the head of the cove near the stream, and on the West side was placed the main body of the convicts. The women did not disembark until the 6th of February; when, every person belonging to the settlement being landed, the numbers amounted to 1030 persons. The tents for the sick were placed on the West side, and it was observed with concern that their numbers were fast increasing. The scurvy, that had not appeared during the pa.s.sage, now broke out, which, aided by a dysentery, began to fill the hospital, and several died. In addition to the medicines that were administered, every species of esculent plants that could be found in the country were procured for them; wild celery, spinach, and parsley, fortunately grew in abundance about the settlement; those who were in health, as well as the sick, were very glad to introduce them into their messes, and found them a pleasant as well as wholesome addition to the ration of salt provisions.
The public stock, consisting of one bull, four cows, one bull-calf, one stallion, three mares, and three colts (one of which was a stone-colt) were landed on the East point of the cove, where they remained until they had cropped the little pasturage it afforded; and were then removed to a spot at the head of the adjoining cove, that was cleared for a small farm, intended to be placed under the direction of a person brought out by the governor.
Some ground having been prepared near his excellency's house on the East side, the plants from Rio-de-Janeiro and the Cape of Good Hope were safely brought on sh.o.r.e in a few days; and we soon had the satisfaction of seeing the grape, the fig, the orange, the pear, and the apple, the delicious fruits of the Old, taking root and establis.h.i.+ng themselves in our New World.
As soon as the hurry and tumult necessarily attending the disembarkation had a little subsided, the governor caused his Majesty's commission, appointing him to be his captain-general and governor in chief in and over the territory of New South Wales and its dependencies, to be publicly read, together with the letters patent for establis.h.i.+ng the courts of civil and criminal judicature in the territory, the extent of which, until this publication of it, was but little known even among ourselves. It was now found to extend from Cape York (the extremity of the coast to the northward) in the lat.i.tude of 20 degrees 37 minutes South, to the South Cape (the southern extremity of the coast) in the lat.i.tude of 43 degrees 39 minutes South; and inland to the westward as far as 135 degrees of East longitude, comprehending all the islands adjacent in the Pacific Ocean, within the lat.i.tudes of the above-mentioned capes.
By this definition of our boundaries it will be seen that we were confined along the coast of this continent to such parts of it solely as were navigated by Captain Cook, without infringing on what might be claimed by other nations from the right of discovery. Of that right, however, no other nation has chosen to avail itself. Whether the western coast is unpromising in its appearance, or whether the want of a return proportioned to the expense which the mother-country must sustain in supporting a settlement formed nearly at the farthest part of the globe, may have deterred them, is not known; but Great Britain alone has followed up the discoveries she had made in this country, by at once establis.h.i.+ng in it a regular colony and civil government.
The ceremony of reading these public instruments having been performed by the judge-advocate, the governor, addressing himself to the convicts, a.s.sured them, among other things, that 'he should ever be ready to show approbation and encouragement to those who proved themselves worthy of them by good conduct and attention to orders; while on the other hand, such as were determined to act in opposition to propriety, and observe a contrary conduct, would inevitably meet with the punishment which they deserved.' He remarked how much it was their interest to forget the habits of vice and indolence in which too many of them had hitherto lived; and exhorted them to be honest among themselves, obedient to their overseers, and attentive to the several works in which they were about to be employed. At the conclusion of this address three volleys were fired by the troops, who thereupon returned to their parade, where the governor, attended by Captain Hunter and the princ.i.p.al officers of the settlement, pa.s.sed along the front of the detachment, and received the honours due to a captain-general; after which he entertained all the officers and gentlemen of the settlement at dinner, under a large tent pitched for the purpose at the head of the marine encampment.
The convicts had been mustered early in the morning, when nine were reported to be absent. From the situation which we had unavoidably adopted, it was impossible to prevent these people from straggling.
Fearless of the danger which must attend them, many had visited the French s.h.i.+ps in Botany Bay, soliciting to be taken on board, and giving a great deal of trouble. It was soon found that they secreted at least one-third of their working tools, and that any sort of labour was with difficulty procured from them.
The want of proper overseers princ.i.p.ally contributed to this. Those who were placed over them as such were people selected from among themselves, being recommended by their conduct during the voyage; few of these, however, chose to exert the authority that was requisite to keep the gangs at their labour, although a.s.sured of meeting with every necessary support. Petty thefts among themselves began soon to be complained of; the sailors from the transports, although repeatedly forbidden, and frequently punished, still persisted in bringing spirits on sh.o.r.e by night, and drunkenness was often the consequence.
To check these enormities, the court of criminal judicature was a.s.sembled on the 11th of February, when three prisoners were tried; one for an a.s.sault, of which being found guilty, he was sentenced to receive one hundred and fifty lashes; a second, for taking some biscuit from another convict, was sentenced to a week's confinement on bread and water, on a small rocky island near the entrance of the cove; and a third, for stealing a plank, was sentenced to receive fifty lashes, but, being recommended to the governor, was forgiven.
The mildness of these punishments seemed rather to have encouraged than deterred others from the commission of greater offences; for before the month was ended the criminal court was again a.s.sembled for the trial of four offenders, who had conceived and executed a plan for robbing the public store during the time of issuing the provisions. This crime, in its tendency big with evil to our little community, was rendered still more atrocious by being perpetrated at the very time when the difference of provisions, which had till then existed, was taken off, and the convict saw the same proportion of provision issued to himself that was served to the soldier and the officer, the article of spirits only excepted. Each male convict was that day put upon the following weekly ration of provisions, two-thirds of which was served to the female convicts, viz 7 pounds of biscuit; 1 pound of flour; 7 pounds of beef, or 4 pounds of pork; 3 pints of peas; and 6 ounces of b.u.t.ter.
It was fair to suppose that so liberal a ration would in itself have proved the security of the store, and have defended it from depredation; but we saw with concern, that there were among us some minds so habitually vicious that no consideration was of any weight with them, nor could they be induced to do right by any prospect of future benefit, or fear of certain and immediate punishment. The charge being fully proved, one man, James Barrett, suffered death: his confederates were pardoned, on condition of their being banished from the settlement. Another culprit was sentenced to receive three hundred lashes; but, not appearing so guilty as his companions, was pardoned by the governor, the power of pardoning being vested in him by his Majesty's commission.
His excellency, having caused one example to be made, extended lenity to some others who were tried the following day; and one convict, James Freeman, was pardoned on condition of his becoming the public executioner.
It appeared by the letters patent under the great seal of Great Britain, which were read after the governor's commission, that 'the appointment of the place to which offenders should be transported having been vested in the crown by an act of parliament, his Majesty, by two several orders in council, bearing date the 6th of December 1786, had declared, that certain offenders named in two lists annexed to the orders in council should be transported to the eastern coast of New Holland, named New South Wales, or some one or other of the islands adjacent:' and it being deemed necessary that a colony and civil government should be established in the place to which such felons should be transported, and that a court of criminal jurisdiction should also be established therein, with authority to proceed in a more summary way than is used within the realms of Great Britain, according to the known and established laws thereof, his Majesty, by the 27th Geo. 3. cap. 56. was enabled to authorise, by his commission under the great seal, 'the governor, or in his absence the lieutenant-governor of such place, to convene from time to time, as occasion may require, a court of criminal jurisdiction, which court is to be a court of record, and is to consist of the judge-advocate and such six officers of the sea and land service as the governor shall, by precept issued under his hand and seal, require to a.s.semble for that purpose.' This court has power to inquire of, hear, determine, and punish all treasons, misprisions of treasons, murders, felonies, forgeries, perjuries, trespa.s.ses, and other crimes whatsoever that may be committed in the colony; the punishment for such offences to be inflicted according to the laws of England as nearly as may be, considering and allowing for the circ.u.mstances and situation of the settlement and its inhabitants.
The charge against any offender is to be reduced into writing, and exhibited by the judge-advocate: witnesses are to be examined upon oath, as well for as against the prisoner; and the court is to adjudge whether he is guilty or not guilty by the opinion of the major part of the court.
If guilty, and the offence is capital, they are to p.r.o.nounce judgment of death, in like manner as if the prisoner had been convicted by the verdict of a jury in England, or of such corporal punishment as the court, or the major part of it, shall deem meet. And in cases not capital, they are to adjudge such corporal punishment as the majority of the court shall determine. But no offender is to suffer death, unless five members of the court shall concur in adjudging him to be guilty, until the proceedings shall have been transmitted to England, and the king's pleasure signified thereupon. The provost-marshal is to cause the judgment of the court to be executed according to the governor's warrant under his hand and seal.
The resemblance of this to the military courts may be easily traced in some particulars. The criminal court is a.s.sembled, not at stated times, but whenever occasion may require. It is composed of military officers (the judge-advocate excepted, whose situation is of a civil nature) who a.s.semble as such in their military habits, with the insignia of duty, the sash and the sword. Their judgments are to be determined by the majority; and the examination of the witnesses is carried on by the members of the court, as well as by the judge-advocate. But in other respects it differs from the military courts. The judge-advocate is the judge or president of the court; he frames and exhibits the charge against the prisoner, has a vote in the court, and is sworn, like the members of it, well and truly to try and to make true deliverance between the king and the prisoner, and give a verdict according to the evidence.
When the state of the colony and the nature of its inhabitants are considered, it must be agreed, that the administration of public justice could not have been placed with so much propriety in any other hands. The outward form of the court, as well as the more essential part of it, are admirably calculated to meet the characters and disposition of the people who form the major part of the settlement. As long confinement would be attended with a loss of labour, and other evils, the court is a.s.sembled within a day or two after the apprehension of any prisoner whose crime is of such magnitude as to call for a criminal proceeding against him. He is brought before a court composed of a judge and six men of honour, who hear the evidence both for and against him, and determine whether the crime exhibited be or be not made out; and his punishment, if found guilty, is adjudged according to the laws of England, considering and allowing for the situation and circ.u.mstances of the settlement and its inhabitants; which punishment, however, after all, cannot be inflicted without the ratification of the governor under his hand and seal.
Beside this court for the trial of criminal offenders, there is a civil court, consisting of the judge-advocate and two inhabitants of the settlement, who are to be appointed by the governor; which court has full power to hear and determine in a summary way all pleas of lands, houses, debts, contracts, and all personal pleas whatsoever, with authority to summon the parties upon complaint being made, to examine the matter of such complaint by the oaths of witnesses, and to issue warrants of execution under the hand and seal of the judge-advocate. From this court, on either party, plaintiff or defendant, finding himself or themselves aggrieved by the judgment or decree, an appeal lies to the governor, and from him, where the debt or thing in demand shall exceed the value of three hundred pounds, to the king in council: but these appeals must be put in, if from the civil court, within eight days, and if from the governor or superior court, within fourteen days after p.r.o.nouncing the said judgments.
To this court is likewise given authority to grant probates of wills and administration of the personal estates of intestates dying within the settlement. But as property must be acquired in the country before its rights can come into question, few occasions of a.s.sembling this court can occur for many years.