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As a considerable quantity of flour, and the principal part of the live stock, which was to store our intended settlement, were meant to be procured here, Governor Phillip lost no time in waiting on Mynheer Van Graaffe, the Dutch Governor, to request permission to purchase all that we stood in need of. How far the demand extended, I know not, nor Mynheer Van Graaffe's reasons for complying with it in part only. To this gentleman's political sentiments I confess myself a stranger; though I should do his politeness and liberality at his own table an injustice, were I not to take this public opportunity of acknowledging them; nor can I resist the opportunity which presents itself, to inform my readers, in honor of M. Van Graaffe's humanity, that he has made repeated efforts to recover the unfortunate remains of the crew of the Grosvenor Indiaman, which was wrecked about five years ago on the coast of Caffraria. This information was given me by Colonel Gordon, commandant of the Dutch troops at the Cape, whose knowledge of the interior parts of this country surpasses that of any other man. And I am sorry to say that the Colonel added, these unhappy people were irrecoverably lost to the world and their friends, by being detained among the Caffres, the most savage set of brutes on earth.

His Excellency resides at the Government house, in the East India Company's garden. This last is of considerable extent, and is planted chiefly with vegetables for the Dutch Indiamen which may happen to touch at the port. Some of the walks are extremely pleasant from the shade they afford, and the whole garden is very neatly kept. The regular lines intersecting each other at right angles, in which it is laid out, will, nevertheless, afford but little gratification to an Englishman, who has been used to contemplate the natural style which distinguishes the pleasure grounds of his own country. At the head of the centre walks stands a menagerie, on which, as well as the garden, many pompous eulogiums have been passed, though in my own judgment, considering the local advantages possessed by the Company, it is poorly furnished both with animals and birds; a tyger, a zebra, some fine ostriches, a cassowary, and the lovely crown-fowl, are among the most remarkable.

The table land, which stands at the back of the town, is a black dreary looking mountain, apparently flat at top, and of more than eleven hundred yards in height. The gusts of wind which blow from it are violent to an excess, and have a very unpleasant effect, by raising the dust in such clouds, as to render stirring out of doors next to impossible. Nor can any precaution prevent the inhabitants from being annoyed by it, as much within doors as without.

At length the wished-for day, on which the next effort for reaching the place of our destination was to be made, appeared. The morning was calm, but the land wind getting up about noon, on the 12th of November we weighed anchor, and soon left far behind every scene of civilization and humanized manners, to explore a remote and barbarous land; and plant in it those happy arts, which alone constitute the pre-eminence and dignity of other countries.

The live animals we took on board on the public account from the Cape, for stocking our projected colony, were, two bulls, three cows, three horses, forty-four sheep, and thirty-two hogs, besides goats, and a very large quantity of poultry of every kind. A considerable addition to this was made by the private stocks of the officers, who were, however, under a necessity of circumscribing their original intentions on this head very much, from the excessive dearness of many of the articles. It will readily be believed, that few of the military found it convenient to purchase sheep, when hay to feed them costs sixteen shillings a hundred weight.

The boarding-houses on shore, to which strangers have recourse, are more reasonable than might be expected. For a dollar and a half per day we were well lodged, and partook of a table tolerably supplied in the French style. Should a traveller's stock of tea run short, it is a thousand chances to one that he will be able to replenish it here at a cheaper rate than in England. He may procure plenty of arrack and white wine; also raisins, and dried fruits of other sorts. If he dislikes to live at a boarding-house, he will find the markets well stored, and the price of butcher's meat and vegetables far from excessive.

Just before the signal for weighing was made, a ship, under American colours, entered the road, bound from Boston, from whence she had sailed one hundred and forty days, on a trading voyage to the East Indies. In her route, she had been lucky enough to pick up several of the inferior officers and crew of the Harcourt East-Indiaman, which ship had been wrecked on one of the Cape de Verd Islands. The master, who appeared to be a man of some information, on being told the destination of our fleet, gave it as his opinion, that if a reception could be secured, emigrations would take place to New South Wales, not only from the old continent, but the new one, where the spirit of adventure and thirst for novelty were excessive.

The Passage from the Cape of Good Hope to Botany Bay.

We had hardly cleared the land when a south-east wind set in, and, except at short intervals, continued to blow until the 19th of the month; when we were in the latitude of 37 deg 40 min south, and by the time-keeper, in longitude 11 deg 30 min east, so that our distance from Botany Bay had increased nearly an hundred leagues since leaving the Cape. As no appearance of a change in our favour seemed likely to take place, Governor Phillip at this time signified his intention of shifting his pennant from the Sirius to the 'Supply', and proceeding on his voyage without waiting for the rest of the fleet, which was formed in two divisions. The first consisting of three transports, known to be the best sailors, was put under the command of a Lieutenant of the navy; and the remaining three, with the victuallers, left in charge of Captain Hunter, of his Majesty's ship Sirius. In the last division was the vessel, in which the author of this narrative served. Various causes prevented the separation from taking place until the 25th, when several sawyers, carpenters, blacksmiths, and other mechanics, were shifted from different ships into the 'Supply', in order to facilitate his Excellency's intention of forwarding the necessary buildings to be erected at Botany Bay, by the time the rest of the fleet might be expected to arrive. Lieutenant Governor Ross, and the Staff of the marine battalion, also removed from the Sirius into the Scarborough transport, one of the ships of the first division, in order to afford every assistance which the public service might receive, by their being early on the spot on which our future operations were to be conducted.

From this time a succession of fair winds and pleasant weather corresponded to our eager desires, and on the 7th of January, 1788, the long wished for shore of Van Diemen gratified our sight. We made the land at two o'clock in the afternoon, the very hour we expected to see it from the lunar observations of Captain Hunter, whose accuracy, as an astronomer, and conduct as an officer, had inspired us with equal gratitude and admiration.

In running along shore, we cast many an anxious eye towards the land, on which so much of our future destiny depended. Our distance, joined to the haziness of the atmosphere, prevented us, however, from being able to discover much. With our best glasses we could see nothing but hills of a moderate height, cloathed with trees, to which some little patches of white sandstone gave the appearance of being covered with snow. Many fires were observed on the hills in the evening.

As no person in the ship I was on board had been on this coast before, we consulted a little chart, published by Steele, of the Minories, London, and found it, in general, very correct; it would be more so, were not the Mewstone laid down at too great a distance from the land, and one object made of the Eddystone and Swilly, when, in fact, they are distinct. Between the two last is an entire bed of impassable rocks, many of them above water. The latitude of the Eddystone is 43 deg 53 1/2 min, longitude 147 deg 9 min; that of Swilly 43 deg 54 min south, longitude 147 deg 3 min east of Greenwich.

In the night the westerly wind, which had so long befriended us, died away, and was succeeded by one from the north-east. When day appeared we had lost sight of the land, and did not regain it until the 19th, at only the distance of 17 leagues from our desired port. The wind was now fair, the sky serene, though a little hazy, and the temperature of the air delightfully pleasant: joy sparkled in every countenance, and congratulations issued from every mouth. Ithaca itself was scarcely more longed for by Ulysses, than Botany Bay by the adventurers who had traversed so many thousand miles to take possession of it.

"Heavily in clouds came on the day" which ushered in our arrival. To us it was "a great, an important day," though I hope the foundation, not the fall, of an empire will be dated from it.

On the morning of the 20th, by ten o'clock, the whole of the fleet had cast anchor in Botany Bay, where, to our mutual satisfaction, we found the Governor, and the first division of transports. On inquiry, we heard, that the 'Supply' had arrived on the 18th, and the transports only the preceding day.

Thus, after a passage of exactly thirty-six weeks from Portsmouth, we happily effected our arduous undertaking, with such a train of unexampled blessings as hardly ever attended a fleet in a like predicament. Of two hundred and twelve marines we lost only one; and of seven hundred and seventy-five convicts, put on board in England, but twenty-four perished in our route. To what cause are we to attribute this unhoped for success? I wish I could answer to the liberal manner in which Government supplied the expedition. But when the reader is told, that some of the necessary articles allowed to ships on a common passage to West Indies, were withheld from us; that portable soup, wheat, and pickled vegetables were not allowed; and that an inadequate quantity of essence of malt was the only antiscorbutic supplied, his surprise will redouble at the result of the voyage. For it must be remembered, that the people thus sent out were not a ship's company starting with every advantage of health and good living, which a state of freedom produces; but the major part a miserable set of convicts, emaciated from confinement, and in want of cloaths, and almost every convenience to render so long a passage tolerable. I beg leave, however, to say, that the provisions served on board were good, and of a much superior quality to those usually supplied by contract: they were furnished by Mr. Richards, junior, of Walworth, Surrey.

From the Fleet's Arrival at Botany Bay to the Evacuation of it; and taking Possession of Port Jackson. Interviews with the Natives; and an Account of the Country about Botany Bay.

We had scarcely bid each other welcome on our arrival, when an expedition up the Bay was undertaken by the Governor and Lieutenant-Governor, in order to explore the nature of the country, and fix on a spot to begin our operations upon. None, however, which could be deemed very eligible, being discovered, his Excellency proceeded in a boat to examine the opening, to which Mr. Cook had given the name of Port Jackson, on an idea that a shelter for shipping within it might be found. The boat returned on the evening of the 23rd, with such an account of the harbour and advantages attending the place, that it was determined the evacuation of Botany Bay should commence the next morning.

In consequence of this decision, the few seamen and marines who had been landed from the squadron, were instantly reimbarked, and every preparation made to bid adieu to a port which had so long been the subject of our conversation; which but three days before we had entered with so many sentiments of satisfaction; and in which, as we had believed, so many of our future hours were to be passed. The thoughts of removal banished sleep, so that I rose at the first dawn of the morning. But judge of my surprize on hearing from a serjeant, who ran down almost breathless to the cabin where I was dressing, that a ship was seen off the harbour's mouth. At first I only laughed, but knowing the man who spoke to me to be of great veracity, and hearing him repeat his information, I flew upon deck, on which I had barely set my foot, when the cry of "another sail" struck on my astonished ear.

Had the sea breeze set in, the strange ships would have been at anchor in the Bay by eight o'clock in the morning, but the wind blowing out, they were driven by a strong lee current to the southward of the port. On the following day they re-appeared in their former situation, and a boat was sent to them, with a lieutenant of the navy in her, to offer assistance, and point out the necessary marks for entering the harbour. In the course of the day the officer returned, and brought intelligence that the ships were the Boussole and Astrolabe, sent out by order of the King of France, and under the command of Monsieur De Perrouse. The astonishment of the French at seeing us, had not equalled that we had experienced, for it appeared, that in the course of their voyage they had touched at Kamschatka, and by that means learnt that our expedition was in contemplation. They dropped anchor the next morning, just as we had got under weigh to work out of the Bay, so that for the present nothing more than salutations could pass between us.

Before I quit Botany Bay, I shall relate the observations we were enabled to make during our short stay there; as well as those which our subsequent visits to it from Port Jackson enabled us to complete.

The Bay is very open, and greatly exposed to the fury of the S.E. winds, which, when they blow, cause a heavy and dangerous swell. It is of prodigious extent, the principal arm, which takes a S.W. direction, being not less, including its windings, than twenty four miles from the capes which form the entrance, according to the report of the French officers, who took uncommon pains to survey it. At the distance of a league from the harbour's mouth is a bar, on which at low water, not more than fifteen feet are to be found. Within this bar, for many miles up the S.W. arm, is a haven, equal in every respect to any hitherto known, and in which any number of ships might anchor, secured from all winds. The country around far exceeds in richness of soil that about Cape Banks and Point Solander, though unfortunately they resemble each other in one respect, a scarcity of fresh water.

We found the natives tolerably numerous as we advanced up the river, and even at the harbour's mouth we had reason to conclude the country more populous than Mr. Cook thought it. For on the Supply's arrival in the Bay on the 18th of the month, they were assembled on the beach of the south shore, to the number of not less than forty persons, shouting and making many uncouth signs and gestures. This appearance whetted curiosity to its utmost, but as prudence forbade a few people to venture wantonly among so great a number, and a party of only six men was observed on the north shore, the Governor immediately proceeded to land on that side, in order to take possession of his new territory, and bring about an intercourse between its old and new masters. The boat in which his Excellency was, rowed up the harbour, close to the land, for some distance; the Indians keeping pace with her on the beach. At last an officer in the boat made signs of a want of water, which it was judged would indicate his wish of landing. The natives directly comprehended what he wanted, and pointed to a spot where water could be procured; on which the boat was immediately pushed in, and a landing took place. As on the event of this meeting might depend so much of our future tranquillity, every delicacy on our side was requisite. The Indians, though timorous, shewed no signs of resentment at the Governor's going on shore; an interview commenced, in which the conduct of both parties pleased each other so much, that the strangers returned to their ships with a much better opinion of the natives than they had landed with; and the latter seemed highly entertained with their new acquaintance, from whom they condescended to accept of a looking glass, some beads, and other toys.

Owing to the lateness of our arrival, it was not my good fortune to go on shore until three days after this had happened, when I went with a party to the south side of the harbour, and had scarcely landed five minutes, when we were met by a dozen Indians, naked as at the moment of their birth, walking along the beach. Eager to come to a conference, and yet afraid of giving offence, we advanced with caution towards them, nor would they, at first approach nearer to us than the distance of some paces. Both parties were armed; yet an attack seemed as unlikely on their part, as we knew it to be on our own.

I had at this time a little boy, of not more than seven years of age, in my hand. The child seemed to attract their attention very much, for they frequently pointed to him and spoke to each other; and as he was not frightened, I advanced with him towards them, at the same time baring his bosom and, shewing the whiteness of the skin. On the cloaths being removed, they gave a loud exclamation, and one of the party, an old man, with a long beard, hideously ugly, came close to us. I bade my little charge not to be afraid, and introduced him to the acquaintance of this uncouth personage. The Indian, with great gentleness, laid his hand on the child's hat, and afterwards felt his cloaths, muttering to himself all the while. I found it necessary, however, by this time to send away the child, as such a close connection rather alarmed him; and in this, as the conclusion verified, I gave no offence to the old gentleman. Indeed it was but putting ourselves on a par with them, as I had observed from the first, that some youths of their own, though considerably older than the one with us, were, kept back by the grown people.

Several more now came up, to whom, we made various presents, but our toys seemed not to be regarded as very valuable; nor would they for a long time make any returns to them, though before we parted, a large club, with a head almost sufficient to fell an ox, was obtained in exchange for a looking-glass. These people seemed at a loss to know of what sex we were, which having understood, they burst into the most immoderate fits of laughter, talking to each other at the same time with such rapidity and vociferation as I had never before heard. After nearly an hour's conversation by signs and gestures, they repeated several times the word whurra, which signifies, begone, and walked away from us to the head of the Bay.

The natives being departed, we set out to observe the country, which, on inspection, rather disappointed our hopes, being invariably sandy and unpromising for the purposes of cultivation, though the trees and grass flourish in great luxuriancy. Close to us was the spring at which Mr. Cook watered, but we did not think the water very excellent, nor did it run freely. In the evening we returned on board, not greatly pleased with the latter part of our discoveries, as it indicated an increase of those difficulties, which before seemed sufficiently numerous.

Between this and our departure we had several more interviews with the natives, which ended in so friendly a manner, that we began to entertain strong hopes of bringing about a connection with them. Our first object was to win their affections, and our next to convince them of the superiority we possessed: for without the latter, the former we knew would be of little importance.

An officer one day prevailed on one of them to place a target, made of bark, against a tree, which he fired at with a pistol, at the distance of some paces. The Indians, though terrified at the report, did not run away, but their astonishment exceeded their alarm, on looking at the shield which the ball had perforated. As this produced a little shyness, the officer, to dissipate their fears and remove their jealousy, whistled the air of Malbrooke, which they appeared highly charmed with, and imitated him with equal pleasure and readiness. I cannot help remarking here, what I was afterwards told by Monsieur De Perrouse, that the natives of California, and throughout all the islands of the Pacific Ocean, and in short wherever he had been, seemed equally touched and delighted with this little plaintive air.

The taking Possession of Port Jackson, with the Disembarkation of the Marines and Convicts.

Our passage to Port Jackson took up but few hours, and those were spent far from unpleasantly. The evening was bright, and the prospect before us such as might justify sanguine expectation. Having passed between the capes which form its entrance, we found ourselves in a port superior, in extent and excellency, to all we had seen before. We continued to run up the harbour about four miles, in a westerly direction, enjoying the luxuriant prospect of its shores, covered with trees to the water's edge, among which many of the Indians were frequently seen, till we arrived at a small snug cove on the southern side, on whose banks the plan of our operations was destined to commence.

The landing of a part of the marines and convicts took place the next day, and on the following, the remainder was disembarked. Business now sat on every brow, and the scene, to an indifferent spectator, at leisure to contemplate it, would have been highly picturesque and amusing. In one place, a party cutting down the woods; a second, setting up a blacksmith's forge; a third, dragging along a load of stones or provisions; here an officer pitching his marquee, with a detachment of troops parading on one side of him, and a cook's fire blazing up on the other. Through the unwearied diligence of those at the head of the different departments, regularity was, however, soon introduced, and, as far as the unsettled state of matters would allow, confusion gave place to system.

Into the head of the cove, on which our establishment is fixed, runs a small stream of fresh water, which serves to divide the adjacent country to a little distance, in the direction of north and south. On the eastern side of this rivulet the Governor fixed his place of residence, with a large body of convicts encamped near him; and on the western side was disposed the remaining part of these people, near the marine encampment. From this last two guards, consisting of two subalterns, as many serjeants, four corporals, two drummers, and forty-two private men, under the orders of a Captain of the day, to whom all reports were made, daily mounted for the public security, with such directions to use force, in case of necessity, as left no room for those who were the object of the order, but to remain peaceable, or perish by the bayonet.

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.

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.

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. The power of summoning General Courts Martial to meet he is also invested with, but the insertion in the marine mutiny act, of a smaller number of officers than thirteen being able to compose such a tribunal, has been neglected: so that a Military court, should detachments be made from headquarters, or sickness prevail, may not always be found practicable to be obtained, unless the number of officers, at present in the Settlement, shall be increased.

Should the Governor see cause, he is enabled to grant pardons to offenders convicted, "in all cases whatever, treason and wilful murder excepted," and even in these, has authority to stay the execution of the law, until the King's pleasure shall be signified. In case of the Governor's death, the Lieutenant Governor takes his place; and on his demise, the senior officer on the spot is authorised to assume the reins of power.

Notwithstanding the promises made on one side, and the forbearance shewn on the other, joined to the impending rod of justice, it was with infinite regret that every one saw, in four clays afterwards, the necessity of assembling a Criminal Court, which was accordingly convened by warrant from the Governor, and consisted of the judge Advocate, who presided, three naval, and three marine officers.

As the constitution of this court is altogether new in the British annals, I hope my reader will not think me prolix in the description I am about to give of it. The number of members, including the judge Advocate, is limited, by Act of Parliament, to seven, who are expressly ordered to be officers, either of His Majesty's sea or land forces. The court being met, completely arrayed and armed as at a military tribunal, the Judge Advocate proceeds to administer the usual oaths taken by jurymen in England to each member; one of whom afterwards swears him in a like manner. This ceremony being adjusted, the crime laid to the prisoner's charge is read to him, and the question of Guilty, or Not guilty, put. No law officer on the side of the crown being appointed, to prosecute the criminal is left entirely to the party, at whose suit he is tried. All the witnesses are examined on oath, and the decision is directed to be given according to the laws of England, "or as nearly as may be, allowing for the circumstances and situation of the settlement," by a majority of votes, beginning with the youngest member, and ending with the president of the court. In cases, however, of a capital nature, no verdict can be given, unless five, at least, of the seven members present concur therein. The evidence on both sides being finished, and the prisoner's defence heard, the court is cleared, and, on the judgement being settled, is thrown open again, and sentence pronounced. During the time the court sits, the place in which it is assembled is directed to be surrounded by a guard under arms, and admission to every one who may choose to enter it, granted. Of late, however, our colonists are supposed to be in such a train of subordination, as to make the presence of so large a military force unnecessary; and two centinels, in addition to the Provost Martial, are considered as sufficient.

The court, whose meeting is already spoken of, proceeded to the trial of three convicts, one of whom was convicted of having struck a marine with a cooper's adze, and otherwise behaving in a very riotous and scandalous manner, for which he was sentenced to receive one hundred and fifty lashes, being a smaller punishment than a soldier in a like case would have suffered from the judgement of a court martial. A second, for having committed a petty theft, was sent to a small barren island, and kept there on bread and water only, for a week. And the third was sentenced to receive fifty lashes, but was recommended by the court to the Governor, and forgiven.

Hitherto, however, nothing of a very atrocious nature had appeared. But the day was at hand, on which the violation of public security could no longer be restrained, by the infliction of temporary punishment. A set of desperate and hardened villains leagued themselves for the purposes of depredation, and, as it generally happens, had art enough to persuade some others, less deeply versed in iniquity, to be the instruments for carrying it on. Fortunately the progress of these miscreants was not of long duration. They were detected in stealing a large quantity of provisions at the time of issuing them. And on being apprehended, one of the tools of the superiors impeached the rest, and disclosed the scheme. The trial came on the 28th of the month, and of four who were arraigned for the offence, three were condemned to die, and the fourth to receive a very severe corporal punishment. In hopes that his lenity would not be abused, his Excellency was, however, pleased to order one only for execution, which took place a little before sun-set the same day. The name of the unhappy wretch was Thomas Barret, an old and desperate offender, who died with that hardy spirit, which too often is found in the worst and most abandoned class of men. During the execution the battalion of marines was under arms, and the whole of the convicts obliged to be present. The two associates of the sufferer were ordered to be kept close prisoners, until an eligible place to banish them to could be fixed on; as were also two more, who on the following day were condemned to die for a similar offence.

Besides the Criminal court, there is an inferior one composed of the Judge Advocate, and one or more justices of the peace, for the trial of small misdemeanours. This court is likewise empowered to decide all law suits, and its verdict is final, except where the sum in dispute amounts to more than three hundred pounds, in which case an appeal to England can be made from its decree. Should necessity warrant it, an Admiralty court, of which Lieutenant Governor Ross is judge, can also be summoned, for the trial of offences committed on the high seas.

From being unwilling to break the thread of my narrative, I omitted to note in its proper place the sailing of the 'Supply', Lieut. Ball, on the 15th of the month, for Norfolk Island, which the Governor had instructions from the ministry to take possession of. Lieut. King of the Sirius was sent as superintendent and commandant of this place, and carried with him a surgeon, a midshipman, a sawyer, a weaver, two marines, and sixteen convicts, of whom six were women. He was also supplied with a certain number of live animals to stock the island, besides garden seeds, grain, and other requisites.

A Description of the Natives of New South Wales, and our Transactions with them.

I doubt not my readers will be as glad as I feel myself, to conclude the dull detail of the last chapter. If they please, they may turn from the subtle intricacies of the law, to contemplate the simple, undisguised workings of nature, in her most artless colouring.

I have already said, we had been but very few days at Port Jackson, when an alteration in the behaviour of the natives was perceptible; and I wish I could add, that a longer residence in their neighbourhood had introduced a greater degree of cordiality and intermixture between the old, and new, lords of the soil, than at the day on which this publication is dated subsists.

From their easy reception of us in the beginning, many were induced to call in question the accounts which Mr. Cook had given of this people. That celebrated navigator, we were willing believe, had somehow by his conduct offended them, which prevented the intercourse that would otherwise have taken place. The result, however, of our repeated endeavours to induce them to come among us has been such as to confirm me in an opinion, that they either fear or despise us too much, to be anxious for a closer connection. And I beg leave at once, to apprize the reader, that all I can here, or in any future part of this work, relate with fidelity of the natives of New South Wales, must be made up of detached observations, taken at different times, and not from a regular series of knowledge of the customs and manners of a people, with whom opportunities of communication are so scarce, as to have been seldom obtained.

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