As The Straggling Of The Convicts Was Not Only A Desertion From The
Public Labour, But Might Be Attended With
Ill consequences to the settlement,
in case of their meeting the natives, every care was taken to prevent it.
The
Provost Martial with his men was ordered to patrole the country around,
and the convicts informed, that the severest punishment would be inflicted on
transgressors. In spite, however, of all our precautions, they soon found
the road to Botany Bay, in visits to the French, who would gladly
have dispensed with their company.
But as severity alone was known to be inadequate at once to chastize
and reform, no opportunity was omitted to assure the convicts,
that by their good behaviour and submissive deportment, every claim to present
distinction and future favour was to be earned. That this caution was not
attended with all the good effects which were hoped from it, I have only
to lament; that it operated in some cases is indisputable; nor will a candid
and humane mind fail to consider and allow for the situation these unfortunate
beings so peculiarly stood in. While they were on board ship, the two sexes
had been kept most rigorously apart; but, when landed, their separation
became impracticable, and would have been, perhaps, wrong. Licentiousness
was the unavoidable consequence, and their old habits of depravity
were beginning to recur. What was to be attempted? To prevent their
intercourse was impossible; and to palliate its evils only remained. Marriage
was recommended, and such advantages held out to those who aimed at
reformation, as have greatly contributed to the tranquillity of the settlement.
On the Sunday after our landing divine service was performed under
a great tree, by the Rev. Mr. Johnson, Chaplain of the Settlement,
in the presence of the troops and convicts, whose behaviour on the occasion
was equally regular and attentive. In the course of our passage
this had been repeated every Sunday, while the ships were in port;
and in addition to it, Mr. Johnson had furnished them with books, at once
tending to promote instruction and piety.
The Indians for a little while after our arrival paid us frequent visits,
but in a few days they were observed to be more shy of our company.
From what cause their distaste: arose we never could trace, as we had made it
our study, on these occasions, to treat them with kindness, and load them
with presents. No quarrel had happened, and we had flattered ourselves,
from Governor Phillip's first reception among them, that such a connection
might be established as would tend to the interest of both parties. It seems,
that on that occasion, they not only received our people with great cordiality,
but so far acknowledged their authority as to submit, that a boundary,
during their first interview, might be drawn on the sand, which they attempted
not to infringe, and appeared to be satisfied with.
CHAPTER X.
The reading of the Commissions, and taking Possession of the Settlement,
in form.
With an Account of the Courts of Law, and Mode of administering
Public Justice in this Country.
Owing to the multiplicity of pressing business necessary to be performed
immediately after landing, it was found impossible to read the public
commissions and take possession of the colony in form, until the
7th of February. On that day all the officers of guard took post
in the marine battalion, which was drawn up, and marched off the parade
with music playing, and colours flying, to an adjoining ground, which had been
cleared for the occasion, whereon the convicts were assembled to hear
His Majesty's commission read, appointing his Excellency
Arthur Phillip, Esq. Governor and Captain General in and over the territory
of New South Wales, and its dependencies; together with the Act of Parliament
for establishing trials by law within the same; and the patents under
the Great Seal of Great Britain, for holding the civil and criminal courts
of judicature, by which all cases of life and death, as well as matters
of property, were to be decided. When the Judge Advocate had finished reading,
his Excellency addressed himself to the convicts in a pointed and judicious
speech, informing them of his future intentions, which were, invariably
to cherish and render happy those who shewed a disposition to amendment;
and to let the rigour of the law take its course against such as might dare
to transgress the bounds prescribed. At the close three vollies were fired
in honour of the occasion, and the battalion marched back to their parade,
where they were reviewed by the Governor, who was received with all the honours
due to his rank. His Excellency was afterwards pleased to thank them,
in public orders, for their behaviour from the time of their embarkation;
and to ask the officers to partake of a cold collation at which it is
scarce necessary to observe, that many loyal and public toasts were drank
in commemoration of the day.
In the Governor's commission, the extent of this authority is defined to reach
from the latitude of 43 deg 49 min south, to the latitude of 10 deg 37 min
south, being the northern and southern extremities of the continent of New
Holland. It commences again at 135th degree of longitude east of Greenwich,
and, proceeding in an easterly direction, includes all islands within
the limits of the above specified latitudes in the Pacific Ocean.
By this partition it may be fairly presumed, that every source of future
litigation between the Dutch and us will be for ever cut off,
as the discoveries of English navigators alone are comprized in this territory.
Nor have Government been more backward in arming Mr. Phillip with plenitude
of power, than extent of dominion. No mention is made of a Council
to be appointed, so that he is left to act entirely from his own judgment.
And as no stated time of assembling the Courts of justice is pointed out,
similar to the assizes and gaol deliveries of England, the duration
of imprisonment is altogether in his hands.
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