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.

_Pet.i.tions_--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 inst.i.tution, 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 princ.i.p.al 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 quant.i.ty 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. wharf.a.ge 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 pa.s.sing after, to answer centinels when challenged, and to carry a lantern. None but known householders to pa.s.s, 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 inst.i.tution 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.

Wharf.a.ge 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 trespa.s.sing, and two months imprisonment. The crews of all vessels to be put on ration, agreeable to existing circ.u.mstances.--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 circ.u.mstances 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 circ.u.mstances 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 r.e.t.a.r.ded 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 pa.s.sed, 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 s.p.a.ce 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 s.p.a.ce on the other side, if such impa.s.sable 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 Sat.u.r.days, 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 emanc.i.p.ating themselves which occurs to their minds. Lately, the Venus, a brig belonging to Messrs. Robert Campbell and Co. laden with a quant.i.ty 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 circ.u.mstance 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, prompt.i.tude, 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 circ.u.mstance 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 circ.u.mstances justified the deed, and the governor sent a.s.sistance 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 princ.i.p.al 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 sh.o.r.e 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 sh.o.r.e, a considerable body of natives a.s.sembled 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 sh.o.r.e, 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 circ.u.mstance affords a sufficient ill.u.s.tration 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 a.s.sociation with Europeans has in some degree polished their native rudeness, has softened the cruelty and natural violence of their dispositions, and inculcated into their b.r.e.a.s.t.s 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 advertis.e.m.e.nt 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 inst.i.tution; 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 inst.i.tution 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 prost.i.tution 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 compa.s.s 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 repet.i.tion. 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 princ.i.p.al 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.

Chapter III. Present State of the Colony.

Agriculture, etc.

The account of land in cultivation, as it appeared at the last muster taken by me, according to direction which I received from his Honour Lieutenant-Governor Foveaux, and making a part of the several tracts granted by the crown to settlers, etc. as described in the survey, stood as follows:--