Volume I Part 5 (2/2)
In addition to these courts for the trial of crimes, and the cognisance of civil suits, the governor, the lieutenant-governor, and the judge-advocate for the time being, are by his Majesty's letters patent const.i.tuted justices for the preservation of the peace of the settlement, with the same power that justices of the peace have in England within their respective jurisdictions. And the governor, being enabled by his Majesty's commission, soon after our arrival, caused Augustus Alt esq.
(the surveyor-general of the territory) to be sworn a justice of the peace, for the purpose of sitting once a week, or oftener as occasion might require, with the judge-advocate, to examine all offences committed by the convicts, and determine on and punish such as were not of sufficient importance for trial by the criminal court.
There is also a vice-admiralty court for the trial of offences committed upon the high seas, of which the lieutenant-governor is const.i.tuted the judge, Mr. Andrew Miller the registrar, and Mr. Henry Brewer the marshall. The governor has, beside that of captain-general, a commission const.i.tuting him vice-admiral of the territory; and another vesting him with authority to hold* general courts-martial, and to confirm or set aside the sentence. The major-commandant of the detachment had the usual power of a.s.sembling regimental or battalion courts-martial for the trial of offences committed by the soldiers under his command.
[* Captain Collins, the judge-advocate of the settlement, had also a warrant from the Admiralty appointing him judge-advocate to the marine detachment.]
By this account of the different modes of administering and obtaining justice, which the legislature provided for this settlement, it is evident that great care had been taken on our setting out, to furnish us with a stable foundation whereon to erect our little colony, a foundation which was established in the punishment of vice, the security of property, and the preservation of peace and good order in our community.
The governor having also received instructions to establish a settlement at Norfolk Island, the _Supply_ sailed for that place about the middle of the month of February, having on board Lieutenant King of the _Sirius_, named by Capt. Phillip superintendant and commandant of the settlement to be formed there. Lieutenant King took with him one surgeon (Mr. Jamieson, surgeon's mate of the _Sirius_), one petty officer (Mr. Cunningham, also of the _Sirius_), two private soldiers, two persons who pretended to some knowledge of flax-dressing, and nine male and six female convicts, mostly volunteers. This little party was to be landed with tents, clothing for the convicts, implements of husbandry, tools for dressing flax, etc. and provisions for six months; before the expiration of which time it was designed to send them a fresh supply.
Norfolk Island is situated in the lat.i.tude of 29 degrees south, and in longitude 168 degrees 10 minutes east of Greenwich, and was settled with a view to the cultivation of the flax plant, which at the time when the island was discovered by Captain Cook was found growing most luxuriantly where he landed; and from the specimens taken to England of the New Zealand flax (of which sort is that growing at Norfolk Island), it was hoped some advantages to the mother country might be derived from cultivating and manufacturing it.
Mr. King, previous to his departure for his little government, was sworn in as a justice of the peace, taking the oaths necessary on the occasion, by which he was enabled to punish such petty offences as might be committed among his people, capital crimes being reserved for the cognisance of the criminal court of judicature established here.
Our own preservation depending in a great measure upon the preservation of our stores and provisions, houses for their reception were immediately begun when sufficient ground was found to be cleared; and the persons who had the direction of these and other works carrying on, found it most to the advantage of the public service to employ the convicts in task work, allotting a certain quant.i.ty of ground to be cleared by a certain number of persons in a given time, and allowing them to employ what time they might gain, till called on again for public service, in bringing in materials and erecting huts for themselves. But for the most part they preferred pa.s.sing in idleness the hours that might have been so profitably spent, straggling into the woods for vegetables, or visiting the French s.h.i.+ps in Botany Bay. Of this latter circ.u.mstance we were informed by M. de Clonard, the captain of the _Astrolabe_, in an excursion he made from the s.h.i.+ps, to bring round some dispatches from M.
de la Perouse, which that officer requested might be forwarded to the French amba.s.sador at the court of London by the first of our transports that might sail from hence for Europe. He informed us, that they were daily visited by the convicts, many of whom solicited to be received on board before their departure, promising (as an inducement) to be accompanied by a number of females. M. de Clonard at the same time a.s.sured us, that the general (as he was termed by his officers and people) had given their solicitations no kind of countenance, but had threatened to drive them away by force.
Among the buildings that were undertaken shortly after our arrival, must be mentioned an observatory, which was marked out on the western point of the cove, to receive the astronomical instruments which had been sent out by the Board of Longitude, for the purpose of observing the comet which was expected to be seen about the end of this year. The construction of this building was placed under the direction of Lieut. Dawes of the marines, who, having made this branch of science his particular study, was appointed by the Board of Longitude to make astronomical observations in this country.
The lat.i.tude of the observatory was 33 degrees 52 minutes 30 seconds S; the longitude, from Greenwich, 151 degrees 19 minutes 30 seconds E.
Governor Phillip, having been very much pressed for time when he first visited this harbour, had not thoroughly examined it. The completion of that necessary business was left to Captain Hunter, who, with the first lieutenant of the _Sirius_, early in the month of February, made an accurate survey of it. It was then found to be far more extensive to the westward than was at first imagined, and Captain Hunter described the country as wearing a much more favourable countenance toward the head or upper part, than it did immediately about the settlement. He saw several parties of the natives, and, treating them constantly with good humour, they always left him with friendly impressions.
It was natural to suppose that the curiosity of these people would be attracted by observing, that, instead of quitting, we were occupied in works that indicated an intention of remaining in their country; but during the first six weeks we received only one visit, two men strolling into the camp one evening, and remaining in it for about half an hour.
They appeared to admire whatever they saw, and after receiving each a hatchet (of the use of which the eldest instantly and curiously showed his knowledge, by turning up his foot, and sharpening a piece of wood on the sole with the hatchet) took their leave, apparently well pleased with their reception. The fis.h.i.+ng-boats also frequently reported their having been visited by many of these people when hauling the seine, at which labour they often a.s.sisted with cheerfulness, and in return were generally rewarded with part of the fish taken.
Every precaution was used to guard against a breach of this friendly and desirable intercourse, by strictly prohibiting every person from depriving them of their spears, fizgigs, gum, or other articles, which we soon perceived they were accustomed to leave under the rocks, or loose and scattered about upon the beaches. We had however great reason to believe that these precautions were first rendered fruitless by the ill conduct of a boat's crew belonging to one of the transports, who, we were told afterwards, attempted to land in one of the coves at the lower part of the harbour, but were prevented, and driven off with stones by the natives. A party of them, consisting of sixteen or eighteen persons, some time after landed on the island* where the people of the _Sirius_ were preparing a garden, and with much artifice, watching their opportunity, carried off a shovel, a spade, and a pick-axe. On their being fired at and hit on the legs by one of the people with small shot, the pick-axe was dropped, but they carried off the other tools.
[* Since known by the name of Garden Island.]
To such circ.u.mstances as these must be attributed the termination of that good understanding which had hitherto subsisted between us and them, and which Governor Phillip laboured to improve whenever he had an opportunity. But it might have been foreseen that this would unavoidably happen: the convicts were every where straggling about, collecting animals and gum to sell to the people of the transports, who at the same time were procuring spears, s.h.i.+elds, swords, fis.h.i.+ng-lines, and other articles from the natives, to carry to Europe; the loss of which must have been attended with many inconveniences to the owners, as it was soon evident that they were the only means whereby they obtained or could procure their daily subsistence; and although some of these people had been punished for purchasing articles of the convicts, the practice was carried on secretly, and attended with all the bad effects which were to be expected from it. We also had the mortification to learn, that M. De la Perouse had been compelled to fire upon the natives at Botany Bay, where they frequently annoyed his people who were employed on sh.o.r.e. This circ.u.mstance materially affected us, as those who had rendered this violence necessary could not discriminate between us and them. We were however perfectly convinced that nothing short of the greatest necessity could have induced M. De la Perouse to take such a step, as we heard him declare, that it was among the particular instructions that he received from his sovereign, to endeavour by every possible means to acquire and cultivate the friends.h.i.+p of the natives of such places as he might discover or visit; and to avoid exercising any act of hostility upon them. In obedience to this humane command, there was no doubt but he forbore using force until forbearance would have been dangerous, and he had been taught a lesson at Maouna, one of the Isles des Navigateurs, that the tempers of savages were not to be trusted too far; for we were informed, that on the very day and hour of their departure from that island, the boats of the two s.h.i.+ps, which were sent for a last load of water, were attacked by the natives with stones and clubs, and M. De l'Angle, the captain of the _Astrolabe_, with eleven officers and men, were put to death; those who were so fortunate as to get off in the small boats that attended on the watering launches (which were destroyed), escaped with many wounds and contusions, some of which were not healed at the time of their relating to us this unfortunate circ.u.mstance. It was conjectured, that some one of the seamen, unknown to the officers, must have occasioned this outrage, for which there was no other probable reason to a.s.sign, as the natives during the time the s.h.i.+ps were at the island had lived with the officers and people on terms of the greatest harmony. And this was not the first misfortune that those s.h.i.+ps had met with during their voyage; for on the north-west coast of America, they lost two boats with their crews, and several young men of family, in a surf.
Notwithstanding the pressure of the important business we had upon our hands after our landing, the discharge of our religious duties was never omitted, divine service being performed every Sunday that the weather would permit: at which time the detachment of marines paraded with their arms, the whole body of convicts attended, and were observed to conduct themselves in general with the respect and attention due to the occasion on which they were a.s.sembled.
It was soon observed with satisfaction, that several couples were announced for marriage; but on strictly scrutinizing into the motive, it was found in several instances to originate in an idea, that the married people would meet with various little comforts and privileges that were denied to those in a single state; and some, on not finding those expectations realised, repented, wished and actually applied to be restored to their former situations; so ignorant and thoughtless were they in general. It was however to be wished, that matrimonial connexions should be promoted among them; and none who applied were ever rejected, except when it was clearly understood that either of the parties had a wife or husband living at the time of their leaving England.
The weather during the latter end of January and the month of February was very close, with rain, at times very heavy, and attended with much thunder and lightning. In the night of the 6th February, six sheep, two lambs, and one pig, belonging chiefly to the lieutenant-governor, having been placed at the foot of a large tree, were destroyed by the lightning.
But accidents of this kind were rather to be expected than wondered at, until the woods around us could be opened and cleared.
CHAPTER II
Broken Bay visited M. de la Perouse sails Transactions The _Supply_ returns Lord Howe Island discovered The s.h.i.+ps for China sail Some convicts wounded by the natives Scurvy New store-house Necessary orders and appointments Excursions into the country New branch of the harbour into Port Jackson Sheep
March.] Early in March the governor, accompanied by some officers from the settlement and the _Sirius_, went round by water to the next adjoining harbour to the northward of this port, which is laid down in the charts by the name of Broken Bay, from the broken appearance of the land by which it is formed. The intention of this visit was, not only to survey the harbour, if any were found to exist, but to examine whether there were within it any spots of ground capable of cultivation, and of maintaining a few families; but in eight days that he was absent, though he found an harbour equal in magnitude to Port Jackson, the governor saw no situation that could at all vie with that which he had chosen for the settlement at Sydney Cove, the land at Broken Bay being in general very high and in most parts rocky and barren. The weather proved very unfavourable to an excursion in a country where the residence for each night was to be provided by the travellers themselves; and some of the party returned with dysenteric complaints. The weather at Port Jackson had been equally adverse to labour, the governor finding at his return upwards of two hundred patients under the surgeon's care, in consequence of the heavy rains that had fallen. A building for the reception of the sick was now absolutely necessary, and one, eighty-four feet by twenty-three, was put in hand, to be divided into a dispensary, (all the hospital stores being at that time under tents,) a ward for the troops, and another for the convicts. It was to be built of wood, and the roof to be covered in with s.h.i.+ngles, made from a species of fir that is found here. The heavy rains also pointed out the necessity of sheltering the detachment, and until barracks could be built, most of them covered their tents with thatch, or erected for themselves temporary clay huts. The barracks were begun early in March; but much difficulty was found in providing proper materials, the timber being in general shakey and rotten. They were to consist of four buildings, each building to be sixty-seven feet by twenty-two, and to contain one company. They were placed at a convenient distance asunder for the purpose of air and cleanliness, and with a s.p.a.ce in the centre for a parade.
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