Chapter II.

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.

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