Abstract of General Orders.--Arrival of
Governor Bligh.--George Barrington.--Blue Mountains.--Journey
thither.--New Market at Sydney.--Vessels seized and carried away
by the Convicts.--Natives.--Cruelty of the Savages in Bateman's
Bay.--Arrival of Masters for the Orphan Schools.--New Storehouse
built.--Murders.
Of the General Orders which were issued for the government of
the settlement, I shall here give the following abridgment, as it
will shew to the reader the nature of the regulations which were
adopted in the colony:--
_Agreements_--not cognizable, unless written and
registered; being witnessed by one person, not a prisoner.
_Apprentices and Deserters_--forbid to be harboured or
inveigled, under the penalty of six months hard labour, exclusive
of penalties by law ordained, if free; and, if a prisoner, one
hundred lashes, with other penalties, at discretion of a bench of
magistrates.
_Arms and Ammunition_--prohibited to be landed without
permission, under the penalty of forfeiting bond and
charter-party.
_Assault_.--Every description of persons to obtain
redress by action or indictment; and persons beating prisoners
assigned them, to forfeit such future indulgence.
_Assignments_--not cognizable, unless drawn up at the
judge-advocate's office and registered.
_Bakers_--to make bread of one quality only; viz. 24lbs.
of bran to be taken from 100lbs. of wheat: to charge 4d.
in money, or 2 1/2 lbs. wheat, for a loaf weighing 2lbs. 1oz.
when new, and 2lbs. if one day old, under the penalty of
5L. and otherwise at discretion of a bench of
magistrates.--[Since the above regulations were made, a much
more regular system has been adopted to fix the price of bread.
On every Saturday morning, a bench of magistrates assemble to
hear the price of wheat, and affix that of bread for the ensuing
week, according to the rate wheat has been sold at.]
_Bakers_--not to pay more than one shilling per bushel
for grinding wheat into flour.
_Barrack Bedding and Furniture_--prohibited to be
purchased: penalty--indictment for receiving stolen goods.
_Boats_--belonging to individuals, to land only at the
Hospital-wharf, unless by permission; nor must any convey spirits
without a permit, under penalty of being seized.
_Boats_--employed in the Hawkesbury trade, not to depart
from thence, nor from Sydney, without three days notice of
departure. In case of attack, to cut away masts and run on shore;
and to be provided with an axe or tomahawk, under penalty of
exemplary punishment. Those boats in the Hawkesbury river to be
numbered, registered, and chained at night, and not to be rowed
about after dark, under penalty of confiscation. No boat to
convey any person on board a vessel after notice of departure,
without permission from the governor or officer in command, under
the penalty of the boat being forfeited to the informer, and five
pounds to the Orphan School. And all boats must be registered and
numbered, under the penalty of their being forfeited to the
Orphans.
_Boats_--forbid being in Cockle Bay or Farm Cove, either
ashore or afloat, after sunset, under the penalty of being
forfeited to the crown; and all boats to be moored within the
Hospital wharf, and hulk.
_Boats conveying Grain from Hawkesbury_.--No grain to be
put into an open boat, or one that is not trust-worthy, or no
complaint of damage therefrom cognizable; but if more grain be
received than is consistent with safety, the master to make good
all loss or damage, lose the freight, and pay five pounds for
Orphans; and the same sum to that institution, if grain should
appear to have been wetted, to increase its weight or
measure.
_British Seamen_--forbid shipping in foreign vessels,
during the war, under the penalty of fifty pounds.
_Butchers_.--None to vend carcase meat but such as are
licensed, under the penalty of five pounds, and one year's
imprisonment. Licenced butchers to enter into recognizances to
observe as follows:--Not to kill any breeding stock; nor to send
live stock, or carcase meat, on board vessels, without
permission; to deliver to the governor a weekly return of stock
killed, purchased, and sold; not to demand more than one shilling
and eight-pence per pound for beef, one shilling per pound for
mutton, and eight-pence halfpenny per pound for pork; and not to
sell meat by the joint, but by weight, under the penalty of
forfeiting their licences and recognizances; the latter to the
informer.
_Cedar_--growing at Hawkesbury, not to be cut down or
removed without permission, under the penalty of confiscation,
with that also of the boat or cart removing it, to public
use.
_Centinels_--to oblige every person (except an officer)
to advance, when challenged, and to confine every person who
presumes to answer "Officer," without authority; and
when stores, etc. are to be placed in the charge of a
centinel, application must be made to the serjeant of the guard,
from whom he is to receive instructions, otherwise the centinel
not to be accountable.
_Certificates_.--No person to be employed unless he
produces his certificate, if a freeman, or his ticket of leave,
if a prisoner, under the penalty that his employer pays five
pounds, and half-a-crown for each day the man has been employed;
and should he prove to be a prisoner, without permission, the sum
of twenty pounds, and half-a-crown a day to Orphans. Certificates
will not be granted to persons about to leave the colony, unless
their names be published one week previous to their leaving the
Cove.
_Coals_ (Newcastle) _and Timber_--the exclusive
property of the crown. Coals prohibited to be worked by
individuals, but to be procured by government at ten shillings
per ton, and cedar at three halfpence per superficial foot,
exclusive of other duties and fines; _viz._ Licence
2s. clearance 1s. harbour-dues at Sydney at
established rates, entrance in and clearance from the river
2s. entrance at Sydney 1s. King's dues for Orphans:
coals for home consumption, or for exportation, 2s.
6d. per ton; timber for home consumption 3L. per
1000 square feet, ditto for exportation 4L. per ditto;
metage per ton on coals 2s.; measure of timber per 1000
feet 2s. No vessel to go to Hunter's River without a
specific licence; and the masters to enter into recognizances,
themselves in 50L. and two sureties in 25L. each,
to abide by the following regulations; _viz_. To take a
regular clearance; to observe the orders of the officer in
command; not to interfere with people at public labour; not to be
riotous or troublesome; not to land until permission be obtained;
to use baskets which will contain one hundred weight of coals; to
make daily returns to the commandant of the quantity of coals and
timber taken in; to give two days notice of departure to the
officer in command, and receive his certificate and letters; not
to sail between dusk and daylight; to land at the place directed,
only; to employ no prisoner without permission, and to pay
3s. 6d. per day for the ration of each permitted to
be employed; to give no strong liquors to any prisoner; not to
land any spirits without permit; likewise to enter into further
recognizances, the master in 100L. and two sureties in
50L. each, to take no person on board without sufficient
authority.
_Colonial Vessels_--to be registered, and pay fees to
Orphans: for register, ten shillings; for permission to go to
Botany Bay or Hawkesbury, two shillings; for re-entry, two
shillings; and, to go beyond Broken or Botany Bay, five
shillings, and the same at re-entry. Colonial vessels clearing
for or from any dependent settlement, prohibited taking any
person on board, unless authorised, under the penalty of
forfeiting bond and recognizances; nor is any colonial vessel to
be allowed a clearance with more than eighty gallons of spirits
for twenty-six men, fifty gallons for eighteen men, thirty
gallons for twelve men, and eighteen gallons for six men, if
going on a sealing or whaling voyage. Persons having families not
to enter on board any colonial vessels, unless provision be made
by the owners for their families whilst absent; the owners to
find security also to return such persons when their engagement
expires. The owners must likewise maintain their men while on
shore, or the latter may relinquish their contract. The owners
must also provide sufficient provisions for the support of their
men, or be prosecuted at civil law. Colonial vessels not to
depart for oiling and sealing, until bonds be entered into by the
owners, binding themselves in five hundred pounds, and two
sureties in fifty pounds each (to be renewed annually, for the
conduct of masters in their employ), to perform as follows:--To
take no person without permission and regular notice of
departure; to obtain a clearance; not to navigate beyond the
limits, namely, 10.37. and 43.39. south, and 135. east, from
Greenwich; not to entice seamen, or entertain deserters; to
provide sufficient provisions for the support of their men; not
to break bulk, until entered and the fees paid; not to authorize
strange vessels taking away British subjects from the gangs; not
to purchase or receive more than twenty gallons of spirits from
any vessel they may meet, without the governor's permission.
_Constables_--forbid releasing persons taken in charge,
until discharged by a magistrate.
_Convicts_--not to employ others to do their work: to
which all overseers are strictly to attend, under such punishment
as a bench of magistrates may adjudge. Convicts not to strike or
be struck by free persons: penalty, two hundred lashes the
prisoner, and jail-gang twelve months; a free man to pay two
pounds for the first offence, and be bound over; and, for the
second offence, five pounds, and security doubled. Those
prisoners assigned to individuals to be of no expence to the
crown, nor can any convict's person be attached for debt. Those
prisoners taken off the stores to be employed on their master's
ground only, and in no case be permitted on their own hands, or
let to hire: penalty to Orphans; the master to pay ten pounds,
and half-a-crown for each day the servant has been absent from
public labour. Servants, who are prisoners, are not to be beaten
by their masters; who are to complain to a magistrate when
necessary, on pain of forfeiting such future accommodation. Those
prisoners off the stores who charge exorbitant prices for their
labour, or misbehave in any other respect, will be recalled, and
such other punishment inflicted according to the nature of the
offence. Masters of convicts to clothe and maintain them with a
ration equal to that issued by government; to provide for them a
sheltered lodging; the servant to work, in his own time, for his
master, in preference to any other person, and never absent
himself without leave; in case of misbehaviour, the master is to
prefer his complaint to a magistrate, who will order such
punishment as the case shall require. Persons secreting or
employing such servants during government hours, will be punished
for a breach of public orders on that head. Those convict
servants indented for, not to be suffered on their own hands;
penalty, the master to pay half-a-crown per day, and one shilling
for each day the servant shall be discharged before the time
indented for expires.
_Copper Coin_.--Importation or exportation, above five
pounds, prohibited; penalty, treble the value. Also five pounds,
and not above, to be considered a legal tender.
_Cur Dogs_.--Such as are dangerous to stock, or apt to
fly at horses, to be destroyed; and if damage be sustained, the
owner of the dog to forfeit treble.
_Debts_.--Wheat and live stock, at government prices, to
be considered a legal tender.
_Debts of deceased Persons_.--Priority of claims for:
1st, medical attendance; 2d, debts and duties to the king; 3d,
judgments; 4th, recognizances; 5th, rents; 6th, obligations,
bills final and protested; 7th, single bills; 8th, wages; 9th,
book debts, etc.
_Deeds, Bonds, etc._--to be executed by the judge
advocate, as notary public: individuals prohibited the exercise
of any part of such office, under the penalty of removal.
_Detainers_.--All applications respecting detainers
against persons leaving the colony, to be made at the secretary's
office in writing, and to be lodged within ten days after notice
of departure; otherwise not cognizable, unless the party about to
depart remains twenty days after the notice has elapsed.
_Extortion_--to be punished as circumstances may
require.
_Fees_.--High court of appeal before the governor: to
provost marshal 1L. 1s. to secretary or clerk 1l. 1s.
door-keeper 5s. Note. No appeal is allowed from the verdict of
the civil court to the governor, unless the appellant gives good
security to prosecute it, and to answer condemnation-money, with
costs and damages, in case the verdict of the civil court be
affirmed; nor from the governor's award to the King in council,
without giving good security in twice the sum sued for, to
prosecute the appeal in one year or as soon after as
circumstances will admit, to answer condemnation-money, and such
costs and damages as shall be awarded by his majesty in council,
in case the sentence on judgment of the governor be
approved.--Fees to provost marshal, in civil actions, executions,
etc.: 5l. per cent. on proceeds of auctions in execution; 5l.
per cent. levy money from 100l. downwards, 4l. per cent. ditto
from 100l. to 500l., 3l. per cent. from 500l. to 1000l.,
2 1/2 per cent. from 1000l. upwards; and for a man to keep
possession, 2s. 6d. per day for five days.--Fees on civil
actions: a writ, or warrant of execution, above 10l. and not
exceeding 20l., 10s., to the judge advocate's clerk 1s.; ditto
above 20l. and not exceeding 50l., with 1s. to clerk, 16s.; ditto
above 50l. and with 2s. to clerk, 1l. 2s. Capias, for any sum not
exceeding 30l., 13s.; ditto, above 30l. and not exceeding 50l.,
17s.; and all above 50l., 1l. 2s. Summonses, under 40s., 4d.;
above that sum, 6d. Witnesses, travelling from Hawkesbury to
Sydney, 10s.; ditto, from Sydney to Hawkesbury, 10s.; to Sydney
from Parramatta 5s., and back again the same sum; attending the
court each day 2s. 6d.--Fees to secretary's clerks, receiving no
salary: free pardons 5s. conditional ditto 2s. 6d.; and, on each
person leaving the colony by certificate, 2s. 6d.
_Female Stock_--prohibited to be sent from the territory,
or its dependencies, under the same penalty as for breach of
orders.--Female stock prohibited to be killed, under the penalty
of 20L. to informer, and two months hard labour for the
crown.
_Fires_--No person to fire stubble, until his neighbours
are warned and prepared; penalty, by action, remuneration of all
damages: also, no person to smoke pipes, or make fires, near a
stack, under the penalty of exemplary punishment.
_Fire-arms_--forbid to be discharged between sun-set and
sun-rise, under the penalty of a breach of general orders.
_Fines_.--Persons removed to different settlements for
misdemeanour, not to return until the expiration of sentence,
under penalty of corporal punishment.
_Foreigners_--not permitted to settle or reside in the
colony, without permission.
_Forgery_--subject to prosecution on a written, as well
as on a printed form of note of hand; and persons concealing such
offence, will be subject to the same penalty as persons
compounding felony.
_Fort Philip_.--Every person cautioned from purchasing,
repairing, or building huts, near the Esplanade, the limits of
which are to be explained by the assistant engineer.
_Fustic_--growing at Newcastle, and its vicinity, forbid
to be cut without permission from the governor.
_Goats_--not to be suffered to range without a herd,
under penalty of being forfeited to Orphans.
_Grants of Land_--forbidden to be transferred within the
term of five years, under the penalty of their being
cancelled.
_Grants and Leases_--of buildings erected at the public
expence, and grounds allotted for public purposes, to revert to
the crown, at the governor's discretion.
_Guard_ sent on board merchant vessels--instructions to:
to suffer no one to board but the pilot, naval officer, or
officer authorized by the governor; and no article to be sent on
shore, nor any person to go on board except the above, until the
flag of admission is hoisted: not to suffer spirits, wines, or
other strong drinks, to be sent from the ship, but by permit; to
admit no unauthorized person on board, without a pass, at any
time; and to suffer no shore-boats to board after sunset. If
insulted or interrupted in their duty, to report the same to
head-quarters.
_Hospital Servants_--forbid vending or prescribing
medicines; and all applications to be made to the medical
gentlemen for relief.
_Hogs_--forbid to be sent on board any vessel without
permit.
_Idlers_--loitering about the wharfs, to be sent to hard
labour; and if after sunset, to be imprisoned.
_Initials_--of the governor, commissary, and deputies, if
forged, to be considered as full signatures.
_Interest_--not more than eight per cent. to be exacted;
and any persons demanding more, are subject to the laws against
usury.
_King's Stores_--articles granted for the use of
families, comprising annual and extra supplies sent for barter,
not to be retailed, under the penalty of forfeiting all further
indulgences.
_Licenced Persons_--bound by recognizance to the due
assize of weight and measure; to permit no gaming, drunkenness,
indecency, or disorder; to pay due respect to existing
regulations; not to entertain persons from tap-too beating until
the following noon, or during divine service, under the penalty
of forfeiting licence and recognizances; the latter to informer,
and five pounds to Orphans. Nor is any licenced person to credit
more than twenty shillings, under forfeiture of debt; nor to sue
soldiers, seamen, servants, or prisoners, under the penalty of
nonsuit and treble charges. And any licenced person vending or
receiving liquors distilled in the colony (that practice being
strictly prohibited), they will forfeit their licence and
recognizances; and all such persons receiving permits for spirits
are to receive it themselves, and not to dispose of spirits on
any other person's account, under the before-mentioned penalty,
and all such spirits to become the property of the informer.
_Merchandize_.--Not more than twenty per cent. on the
importer's prices admitted on the retail; in doubtful cases, to
be estimated by courts, if sued for, by allowing from 80 to 100
per cent. on the prime cost of English or India goods, and 20 per
cent. on the retail. Notes of hand for debts so contracted not
cognizable as evidence, unless the account of articles be
produced with prices annexed. All merchandize to be landed at the
Hospital wharf, and no where else, under penalty of confiscation;
and those articles which are brought from the eastward of the
Cape of Good Hope, are to pay five per cent. _ad valorem_ on
the prices laid in at, exclusive of wharfage and wine and spirit
duties. All British manufactures exempt.
_Musters_.--Persons neglecting to attend musters, if
free, to be treated as vagrants; and, if prisoners, jail-gang
twelve months. Persons returning false accounts, to be dealt with
according to the decision of a bench of magistrates.
_Natives_--not to be treated with inhumanity or
injustice, under the penalty of prosecution and indictment; and
the natives of Otaheite, New Zealand, etc. are all to be
considered as under the protection of the crown; to be properly
treated and maintained by their employers, and not to be sent on
any voyage without the governor's permission.
_Parramatta._--Persons passing the barracks to give a
satisfactory account of themselves to the commanding officer at
that place, when required; and no person to carry a musket
without permission from the magistrate.
_Passage-boats._--Not to convey any person, unless a
settler, without a pass; penalty, confiscation. The boats to be
kept tight; carry four oars, one mast and sail; boatmen to treat
passengers civilly; to give notice half an hour before they
depart, by bell ringing; not to stop more than ten minutes by the
way, nor to go alongside a vessel, without acquainting the
wharfinger; and the proprietors to keep entry-books, under the
penalty of forfeiting the bond and recognizances entered into at
the time their license was granted. The following charges to be
made: Each passenger to pay 1s.; children 6d.; luggage 1s. per
cwt.; wheat or shelled maize 6d. per bushel; maize in cob 4d. per
bushel; each chair 6d.; sheep and goats 6d. each; pigs and
packages, according to their size; liquids 1d. per gallon; porter
3s. per hhd.; planks 2s. 6d. per 100 feet; fowls and ducks 1s.
per dozen; geese and turkies 1s. 2d. per dozen; parcels weighing
2lbs. 3d.; and private letters 2d. each. The hire of the whole
boat 1l. 1s.
_Passes_.--No person, unless a settler, to leave his
place of abode without a pass, which he is to produce to the
chief constable at the settlement expressed in it, and return it
to the officer who granted it, under the penalty of three months
hard labour, if free; and, if a prisoner, corporal punishment, at
discretion of one magistrate, not exceeding one hundred
lashes.
_Permits_--for removing half a gallon of spirits, etc.
to be granted by commissioned officers, superintendants, and
licensed retailers; and if any spirits be obtained by fraud and
collusion, by any licensed person, if free, he will suffer the
penalty of one year's hard labour for the crown, and forfeit his
license; and, if a prisoner, he will undergo such punishment as a
bench of magistrates may direct.
_Petitions_--signed by more than one person, to be
sanctioned by three magistrates, under the penalty of
prosecution.
_Prisoners_--not to be conveyed on board any vessel about
to depart: penalty for breach of this order, forfeiture of the
boat, and the person rowing it to be subject to two months
imprisonment. Nor is any prisoner to be seduced or diverted from
the public harvest, under the penalty of ten pounds, half of
which to be paid to the informer.
_Provisions_--including flour, bread, meat, wheat,
etc. not to be sent on board vessels, but by permit for that
purpose.
_Public Registers_--applications respecting them to be
made to the secretary only.
_Public Roads_--not to be encroached upon: persons
aggrieved thereby, to obtain redress by complaint to the nearest
magistrate.
_Rations_--allowed to prisoners, prohibited to be
purchased or exchanged, under the penalty of being indicted; and,
if bartered for spirits, all such found in the house will be
staved; if a licensed person, forfeiture of license also: And if
the ration is not applied for at the time of issue, it will not
afterwards be given.
_Sabbath_.--A strict observance of the sabbath, and
general attendance at divine service required; during the
performance of which all strollers are to be apprehended and
confined.
_School-house and Chapel at Hawkesbury, erected by
Gorvernment for the Benefit of Settlers in that
District_.--Those for whom the benefit is designed, invited to
become subscribers, for supporting the institution, and
maintaining the chaplain and preceptor, by the payment of
two-pence for each acre of land they possess. All regulations to
be determined by six subscribers, and two magistrates, one of
whom to be the principal chaplain.
_Seamen_.--Any person trusting or retaining any seaman,
shall lose his or her money, and be proceeded against; and
forfeit five pounds for each day and night (after the first
offence), should he be a deserter; but if ignorant of his being
such, penalty ten shillings a day, only. And any seaman deserting
a ship, and discovered after her departure, shall be subject to
thirty-one lashes, and hard labour for the crown.
_Sedition_.--Transgressors amenable to existing laws; in
addition to which the following regulations, for the effectual
suppression of such crime against his majesty's government, and
the public tranquillity, are strictly to be enforced; _viz_.
Persons using seditious words or actions to receive exemplary
punishment; and all persons knowing but concealing such offence,
to be treated as accomplices. Any house in which seditious
meetings are held, to be demolished.
_Slop Clothing_--the sale and purchase thereof
prohibited, under penalty of indictment for receiving stolen
goods.
_Spirits, and other strong Drinks_.--If landed without
permit, penalty, forfeiture to informer wherever found, and all
such discovered in the house; nor is any to be removed but by
permit, penalty from the original vender 5L. to Orphans.
Nor is any greater quantity of spirits to be removed than half a
gallon, but by a permit, signed by a magistrate; penalty,
forfeiture. And if spirits be landed by a master of a vessel
without license, he will forfeit his bond, and be ordered
immediately to depart the port. Persons licensed to retail
spirits and other strong drinks, to pay 3L. for each
license to the Orphans' fund, and 2s. to the clerk.
Spirits drawn for domestic purposes, forbid to be transferred;
penalty, forfeiture; and, if bartered for wheat, the wheat to be
forfeited to the crown, with the spirits and premises. Spirits
prohibited to be smuggled, landed without permit, or sold without
a license, under the penalty of confiscation. And should any
spirits be brought, without the governor's permission, from the
eastward of the Cape of Good Hope, the following additional
duties are to be paid; _viz_. If permitted to be landed, for
every 100 gallons, 5L.; not to be charged more than
6s. per gallon, including duty of 2s. per gallon;
5L. per cent. _ad valorem_, and 5s. wharfage
for each cask or case of 100 gallons. If not permitted to be
landed, no colonial vessel within the limits to receive such
spirits, under the penalty of confiscation, together with the
vessel; half to the informer. Nor are any spirits to be sold or
bartered for more than 20s. per gallon; penalty, the
excess of 20s. to be returned, and future indulgence
forfeited; and, if licensed, the license to be taken away.
_Stallions_--not to be suffered to run loose; penalty,
5L. to informer, and 10s. for each night they are
held in charge: If not claimed within a week, forfeited to
Orphans.
_Stock furnished by Government to Individuals_.--Oxen
hired to such approved settlers as procure ploughs or carts, to
be paid for in wheat each March quarter, in the proportion of ten
bushels a year for two years, when each head is to be purchased
for 70 bushels of wheat, or be returned to government; such
cattle not to be ill-treated, or applied to any other than
agricultural purposes, on pain of being reclaimed. In case of
disease or accidental death, the superintendant of stock to be
immediately informed thereof, or the settler responsible for the
loss. Cows one remove from the Bengal breed valued at 28L.
per head, occasionally to be bartered for as follows: To be paid
for in wheat into the store, on delivery of each cow, or, if
accepted, in two half-yearly payments; in failure of payment when
due, the stock to be reclaimed, and the payment already made
forfeited. The stock and produce to the third generation
unalienable, unless by the governor's permission; and no person
to purchase any such stock without the governor's sanction.
Stock, if impounded, a description to be sent to the nearest
magistrate, or constable of the district, immediately; to be
properly fed, and, if near a town, made public thrice a week for
one month by the common crier, under the penalty of 2L.
for each head, and all other costs; but owners of stock running
at large to pay all damage sustained. Any person who has received
stock from government, and obtained permission for the sale
thereof, must first tender the same to government at market
prices, under the penalty of forfeiture, with twice the value
from seller and buyer; the original stock to the crown, the other
penalties to informer.
_Stills_--prohibited to be used; penalty, if free,
privation of indulgence and removal; if prisoners, at discretion
of a bench of magistrates: Also all liquors and utensils found,
to be seized and destroyed.
_Stream running through the Tanks at Sydney_--no person
to throw filth into, nor to wash, clean fish, or erect pigsties
near; nor to take water up but at the tanks; under the penalty of
5L. to Orphans, if free, and the house razed; if a
prisoner, imprisonment, and hard labour for the crown for twelve
months.
_Strikes_.--No strikes are to be used for measuring
grain, but such as are stamped by superintending carpenters, who
are to charge one shilling each; and in case of any other strike
being used, the person offending to forfeit five pounds, and one
shilling for every bushel which has been measured.
_Sureties_.--Persons becoming sureties for individuals of
indifferent character, to forfeit the full amount of their
recognizance, if such decision is given before a bench of
magistrates.
_Swine_--found at large without ring and yoke, will be
forfeited to the Orphans.
_Taptoo-beating_.--Persons passing after, to answer
centinels when challenged, and to carry a lantern. None but known
householders to pass, except officers of vessels, who are to make
themselves known, under penalty of confinement.
_Timber_--to be taken, if wanted for government purposes,
wherever found growing on grounds located by the crown to
individuals. No private individual to damage or remove any
timber, but by permission from the owner of the land, or from the
governor, upon crown lands; penalty, prosecution. And all timber
exported, to be paid for to Orphans 3L. per 1000 feet
solid; returns of all embarked to be made to the wharfinger,
under the penalty of 5L. for each neglect. Exotic timbers
exempted from the general claim of government, and to be the
exclusive property of the owner; but, if disposed of, the crown
to have the preference.
_Vagrants, and idle and disorderly Persons_--to be sent
to public labour, for a time to be limited by the
magistrates.
_Vendue_--no person to sell goods by, unless licensed,
those exempt by act of parliament excepted, under the penalty of
50L. to the Orphans.
_Vendue Master_--to give a daily account of sales to the
treasurer of the Orphan fund, to which institution 1 1/2 per
cent. is to be paid from the proceeds of sales. He is also to
furnish a list of articles to the treasurer, previous to the
auction, under the penalty of forfeiture of recognizances he
enters into at the time he is appointed to that situation.
_Vessels_--to pay the following dues and fees on entry:
To Orphans, an English merchant ship with merchandize, in
government service, 15s.; ditto, not in government
service, 1L. 10s.; a whaler, with merchandize,
15s.; ditto, with no articles for sale, 10s.; a
foreign ship 2L. 10s. General permission to trade
10s.; each bond 3s. 6d.; to water on Orphan
lands 10s.; to wood on ditto, or on government grounds,
10s.; on clearance and bonds being returned 5s.;
for every permit to land or remove spirits 6d. To the Gaol
fund: For every gallon of spirits landed, or removed from the
vessel, 1s.; ditto for wine 6d. and beer 3d.
Wharfage for every cask or package 6d. No vessel to break
bulk until reported and entered at the naval officer's office;
and every ship to hoist her colours on public days; in case of
refusal, all intercourse to cease. Vessels taking spirits from
hence, not to be allowed communication with any dependent
settlement, unless the master produces a letter from the
governor, or officer in command (to relieve distress excepted);
and no spirits to be landed at the settlement he may touch at,
unless the governor's certificate of price, etc. be produced.
All commanders are also strictly forbid entering seamen from
other ships, under the penalty of 15L. for each man; half
to the king, and half to the informer. Masters of vessels, not
colonial, to give security previous to any communication,
themselves in 500L. and two sureties in 50L. each,
to take no person away without regular authority, nor to depart
without leave, under an additional penalty of 50L. The
usual bond, not to lade from hence to India, China, etc.
without certificate, to be also exacted. Masters shipping seamen,
to make application to the secretary in writing, stating whether
such men have been prisoners, and if so, the ship they came in,
and where tried; nor is any communication to be held with any
vessel after the clearance has been obtained, under the penalty
of forfeiture of boat so trespassing, and two months
imprisonment. The crews of all vessels to be put on ration,
agreeable to existing circumstances.--Vessels not to be built
within the limits of the territory, exceeding 14 feet keel,
without permission from the governor (unless in case of
shipwreck), under the penalty of confiscation.--Vessels under
foreign colours not to be cleared for any sealing voyage, or to
return hither, but to clear out for a port of discharge. And if
any master disregard the colonial regulations, all intercourse to
cease; to depart the port immediately, and not permitted to
return.
_Vouchers for Grain, etc. furnished the King's
Stores_--to be finally settled quarterly, otherwise not
cognizable; _viz_. 31st of March, 30th of June, 30th of
September, and 31st of December.
_Weights and Measures_--to be true, and stamped as such,
under the penalty of ten pounds to Orphans, for every weight or
measure which is defective.
The internal regulations, from which the preceding abridgment
was taken, are the leading features of the General Orders issued
by all those who have administered the government of the colony
up to the secession of Governor King, and are frequently altered,
or annulled, according to the variations in the local
circumstances of the country: since which period, however, a
number of other orders and proclamations have been issued, by
those who have subsequently held the command in the settlement;
but the notice of which, as well as of all political matters,
must unavoidably be deferred until some future period, from the
peculiar circumstances under which I am at present placed.
* * * * *
On the 12th of August, 1806, Governor King was succeeded in
his command at the settlement by Governor Bligh, who arrived from
England for that purpose; at which period the colony was in a
state of growing prosperity, notwithstanding the progress of
cultivation was considerably retarded by the frequent
overflowings of the Hawkesbury, which never failed to produce
such extensive injury to the settlers on its banks, as would have
been sufficient to discourage men of much more industry and
perseverance than many amongst them.
The death of Mr. George Barrington, who, for a long time, was
in the situation of chief constable at Parramatta, ought to have
been previously adverted to, as his decease took place some time
before this period. During his residence in the colony, he had
conducted himself with singular propriety of conduct; and, by his
industry, had saved some money; but, for a considerable time
previous to his death, he was in a state of insanity, and was
constantly attended by a trusty person. The general opinion of
those around him was, that he brought on this malady, so
destructive to the majesty of man, by his serious and sorrowful
reflexions on his former career of iniquity. His death, however,
was that of a good man, and a sincere christian. He expressed a
very considerable degree of displeasure, when he was in a state
of sanity, at his name being affixed to a narrative, which he
knew only by report, as being about to be published, and which
subsequently did appear, under a deceptious mask.
The Blue Mountains have never yet been passed, so that beyond
those tremendous barriers, the country yet remains unexplored and
unknown. Various attempts have, at different periods, been made
to exceed this boundary of the settlement; but none of them have
been attended with the wished-for effect. M. Barrallier, a French
gentleman, late an engsign in the New South Wales corps, has been
further across than any other individual; but he was compelled to
return unsatisfied, before he had obtained any knowledge of the
trans-mountaneous territory which he longed to behold. I myself
made an excursion to these mountains, in the year 1807,
accompanied by an European and three natives; but after mounting
the steep acclivities for four days, until I found my stock of
provisions sensibly diminishing, I thought it most prudent to
re-trace my way to the habitable part of the settlement, and to
leave the task of exploring them to some person more qualified,
mentally as well as physically, for the arduous undertaking. In
fine, from the specimen I had acquired during this journey, of
the difficulties which surround this task, I think that, after
travelling a few miles over them, their appearance (although so
amazingly grand) is sufficiently terrific to deter any man of
common perseverance from proceeding in his design.
In the progress of my undulating, I ascended about four or
five stupendous acclivities, whose perpendicular sides scarcely
permitted me to gain the ascent. No sooner had I attained to the
summit of one of these cliffs, flattering myself that I should
there find the termination of my toil, than my eye was appalled
with the sight of another, and so on to the end of my journey;
when, after mounting with the utmost difficulty a fifth of these
mountainous heights, I beheld myself, apparently, as remote from
my ultimate object, as at the first hour of my quitting the level
country beneath. Some of these ridges presented to the eye a
brilliant verdure of the most imposing nature, while others had
the appearance of unchanging sterility, relieved by the
interposition of pools of stagnant water and running streams;
there shrubs and trees enlivened the scene, and here barrenness
spread its dreary arms, and encircled the space as far as the eye
could reach. On my return, in sliding down the steep declivities,
I so completely lacerated my clothes, that they scarcely
contained sufficient power to cover me. I saw no other animals or
reptiles, during this excursion, than those which are common
throughout the country.
Were it not for the existence of such insurmountable
obstacles, is it to be supposed that persons who have resided
above twenty years within sight of this Alpine chain of hills,
would have so long suppressed a a curiosity, of the existence of
which every day gives some evidence, and have remained so totally
uninformed as to the nature of a country, from which the most
distant part of the settlement is far from being remote? Or is it
probable that the settlers, who reside at the very base of the
mountains, would so long have remained ignorant of the space on
the other side, if such impassable impediments did not
intervene.
In the commencement of the year 1808, a new market was
established on a part called the Old Parade, near to the Orphan
House, and every exertion was made to expedite the building of
the shops. The marketdays are Wednesdays and Saturdays, when a
considerable number of farmers, from the districts between Sydney
and Parramatta, as well as from other quarters, attend with the
produce of their lands: they also bring poultry, vegetables,
fruit, etc.; and to prevent, as much as possible, the too
frequent impositions practised, a clerk of the market has been
appointed, to weigh all things that may be required.
Of late years, a number of vessels have been seized and
carried away by the convicts, amongst whom there must ever be
numbers who will eagerly grasp at any project of emancipating
themselves which occurs to their minds. Lately, the Venus, a brig
belonging to Messrs. Robert Campbell and Co. laden with a
quantity of provisions and stores to supply the settlements to
the southward, and a very handsome brig, called the Harrington,
from Madras, were seized and taken off. The former, when she had
reached her place of destination, after coming to an anchor, and
landing the master with dispatches for the Lieutenant-Governor,
was seized by some convicts who had been placed on board, under
confinement, aided by part of the crew, and was carried beyond
the reach of re-capture. She has since been heard of, but without
a probability of her recovery. The latter was cut out of Farm
Cove, and was carried out to sea, before any information was
received on the subject. This transaction was planned in a very
secret manner, so that all the convicts boarded her about twelve
o'clock at night; and, although the vessel lay in sight of some
part of the town, and within the fire of two batteries, yet
nothing was discovered of the circumstance until the following
morning. Upon the representation being made to Colonel Johnston,
that officer ordered several boats to be manned immediately, and
a party of the New South Wales corps, with a number of
inhabitants who had volunteered their services, to use every
means to re-take the vessel, put out to sea; but, after rowing
and sailing for several hours, they were at length obliged to
return, without ever coming in sight of the Harrington. Other
means were subsequently tried for the recovery of the vessel, but
all to no effect; the convicts had managed their matters with
such secrecy, promptitude, and skill, as totally prevented every
endeavour to counteract their intention.
The natives and our countrymen are now somewhat sociable, and
there are not many outrages committed by either party. I believe
that some of the white men would frequently be more severe with
the Aborigines, when caught in the very act of committing
depredations, but the circumstance of several settlers being
capitally convicted of the murder of a native boy, in January,
1800, acts as a check on their violent dispositions, and prevents
the recurrence of such sanguinary proceedings. Some years
previous to this period, the Europeans at the Hawkesbury suffered
considerably from the marauding inclinations of the natives,
several of their huts being burned, and themselves severely
wounded; their corn-fields were also frequently despoiled, and
their future promise blasted. On these as well as subsequent
occasions, the settlers, in defence of their persons and
property, were compelled to have recourse to arms, the natural
and necessary consequence of which was the destruction of some of
the plundering tribes; but, in these instances, the circumstances
justified the deed, and the governor sent assistance to them,
rather than the contrary. In fact, so many atrocious deeds were
committed by one of their leaders at Hawkesbury, who had long
been a determined enemy to the Europeans, that Governor King
found it necessary to issue an order, offering a reward to any
person who should kill him and bring in his head. This was soon
accomplished by artifice, the man received the reward, and the
head was sent to England in spirits by the Speedy. Those
practices, however, had now, in a great measure, been done away
with, and it was seldom heard that any steps of violence were
pursued on either side. But when thus speaking of the general
good understanding which exists between the Europeans and
natives, I must be understood to confine my meaning to the
vicinity of the principal settlements; for about the remoter
coasts they are still savages, as may be gathered from the
following narrative of an occurrence in April, 1808:--The Fly,
colonial vessel, being driven into Bateman's Bay by bad weather,
had occasion to send three of her crew on shore to search for
water; and it was agreed, previous to their departure, that in
case of any appearance of danger, a musket should be fired from
the vessel, as a signal for the immediate return of those who had
landed. Shortly after the boat had reached the shore, a
considerable body of natives assembled round the boat, and a
musket was accordingly discharged. The men returned to the boat
with the utmost precipitation, and without any obstruction; but
they had no sooner put off from the shore, than a flight of
spears pursued them, and was succeeded by others, until the whole
of the three unfortunate men fell from their oars, and expired
beneath the attacks of their enemies. The savages immediately
seized and manned the boat; and, with a number of canoes,
prepared for an attack upon the vessel itself, which narrowly
escaped their unprovoked fury, by cutting the cable, with all
possible expedition, and standing out to sea. The names of the
unhappy men who were thus murdered, were Charles Freeman, Thomas
Bligh, and Robert Goodlet. This melancholy circumstance affords a
sufficient illustration of the dispositions of those natives
which are remote from the settlements; and as no such occurrences
have taken place amongst the neighbouring inhabitants of the
country, it is but a fair presumption to conclude, that an
association with Europeans has in some degree polished their
native rudeness, has softened the cruelty and natural violence of
their dispositions, and inculcated into their breasts some
principles of humanity. By observing the conduct of the new
settlers, the savages have learned to imitate their actions, and
to discard a portion of that barbarity of manners, which allied
them to the material creation.
Just before I quitted the colony, two persons arrived; one as
master of the female Orphan school, and the other to superintend
the boys; but as the school for the latter was not yet erected,
an advertisement was immediately given out by government, to
ascertain the numbers of the youth of that description, in order
that some correct idea might be formed of the extent of the
projected building. The female school was established and
occupied by the children, who were considered as proper objects
of the charity, in the early months of the year 1801, soon after
Governor King took the command of the settlement, and is a fine
institution; and the late committee have so acted, as to reflect
honour on the task which they have so feelingly undertaken. Nor
can the children of that institution ever be sufficiently
grateful to Mrs. Paterson, and Major Abbott, as well as to some
few others of the several committees, whose judicious measures
and well-adapted plans, have not only contributed to their
present comfort, but laid a foundation for their being brought up
in a life of virtue and industry, instead of becoming the objects
of prostitution and infamy. It is supported by different duties
levied on merchandize--by fines, fees, etc. (as may be seen by
a reference to my abridgment of the General Orders), and is of no
expense to the crown. The establishment of these benevolent
asylums for the offspring of misery, confers a high degree of
credit on their originators, as well as on the people amongst
whom they flourish, and afford a powerful argument to combat
those weak and obstinate prejudices which have been raised
against this colony, by persons of little information and less
liberality, who, reasoning on narrow principles, and with obscure
views of the subject, are incredulous of the good which exceeds
the horizon of their own bounded perspective, and are ever
amongst the foremost to exclaim, "Can any good come out of
Nazareth?"
About the same period, a complete range of storehouses was
completed on the banks of the Parramatta river, and another had
been commenced close by the wharf at Sydney. The necessity for
some new buildings of this description had been evident for some
time, as the chief part of the King's storehouses, which had been
previously erected, were unfortunately so remote from the
water-side, as to occasion much superfluous labour, as well as to
render the unloading of ships extremely burdensome and expensive.
These inconveniences have, however, been considerably lessened by
the new arrangements; and the pursuance of a similar system will
speedily render the port infinitely more commodious, and
effectually remove those grievances which were calculated to
restrict the influx, _and increase the estimated_ value of
merchandize.
Some short time also before I left the settlement, two murders
were committed, by men named Brown and Kenny; the former of whom
had killed several men at the southward, and was brought from
thence to Port Jackson for trial, where he was convicted,
executed, and subsequently hung in chains on Pinch-gut, a small
island in the centre of the harbour leading to Sydney Cove. The
latter was arraigned for the murder of a woman named Smith, who,
after he had perpetrated the deed, endeavoured to consume the
body of his victim, by thrusting it in the fire. He was executed,
and hung in chains at Parramatta.--Several other murders have
been committed; but as it is my intention to touch only on the
most particular occurrences, I have forborne to name more than
those I conceived to be the most atrocious.
* * * * *
Such is as accurate a sketch of the progress of the colony as
it comes within the compass of my limits or intention at present
to depict. I have omitted numerous occurrences of a trivial
nature, considering their detail altogether superfluous, as the
interesting narratives of Governor Hunter and Lieutenant-Governor
Collins, are sufficient to give the minute inquirers into the
rise of the colony a perfect acquaintance with the nature of the
general occurrences therein; a continuation of which details
would, in fact, be little more than their repetition. I believe I
have touched upon the most interesting points in the history of
this yet unmatured settlement, subsequent to the valuable
relations of these esteemed officers, except such as relate to
politics, and other topics, which may hereafter be subjects of
contemplation; and my principal object has been, to carry to the
mind of the reader an idea of the progressive maturation of the
colony, without fatiguing his eye with _minutioe_ which
might render the work tedious, and induce him to regret the hour
which he has devoted to its perusal. It now remains for me to
depict the state of the colony, at the close of the autumn of
1809 (March), when I sailed for England; and, in the execution of
this part of my task, I shall endeavour so to arrange my subject
as to preserve an interest, unbroken and unfailing, throughout
the whole. By a rigid adherence to facts, I shall enable the
reader, by a comparison of my various statements with the
previous details of the luminous narrators above mentioned, to
form just and indisputable estimates of the increase of the
settlement; of its growth in population and extent, as well as in
the means of supporting its increased members. This division of
my subject will also afford the political philosopher new
materials for calculation, on a subject so interesting, so
important to the civilized world, as the colonization and
cultivation of those remote parts of the universe, which may, at
some future period, be made the seats of new empires, by draining
off from the old world that superfluity of population which, like
an insupportable burden of fruit on a tree, unless removed, would
tend to depress and destroy the trunk which produced and
supported it.