An Account of the English Colony in New South Wales Volume II Part 22

The court of criminal judicature being a.s.sembled on the 16th, two mates of the _Walker_ were brought before it, and tried for using menaces to a person who had stopped their boat when attempting to land spirits without a permit; but as he had not any special authority for making the seizure, or detaining the boat, they were acquitted.

One man, John Chapman Morris, was found guilty of forgery by the the same court, and received sentence of death; but as this had been determined by the majority of one voice only, whereas the letters patent for establishing the court expressly say that five of the members are to concur in a capital case, this business must, as provided also by the patent, be referred to the King in council. It was hoped that this circ.u.mstance would but seldom occur, as the object of it must, during the reference, remain a prisoner, with all the miserable sensations that a person would experience under sentence of death. The time that he must linger in this uncomfortable situation could not well be less than fifteen or eighteen months; and, admitting that the length of it might have deadened the acuteness of his first sensations, and rendered him thoughtless as to the event, yet how would that acuteness be aggravated, should, unhappily for him, the sentence be at last confirmed by the royal approbation!*

[* It may be pleasing to the reader to learn, that both Isaac Nichols (see Chapter XVII viz: "The criminal court was only once a.s.sembled during this month; when one man was condemned to death for a burglary, and another transported for fourteen years to Norfolk Island.

This man, Isaac Nichols, an overseer, had been accused of receiving stolen goods; but from some circ.u.mstances which occurred on the trial, the sentence was respited until his Majesty's pleasure could be taken.") and this man, have recently received his Majesty's pardon.]

The body of the settlers having again represented their total inability to bear any reduction in the price of the wheat of this season, on account, not only of their former heavy losses, but of the exorbitant price of all those necessaries of life which they required for paying their labourers, the governor at length consented to receive the wheat only at the former price of ten shillings per bushel, and they were at the same time told to prepare for the reduction that would certainly take place in the next season. He also permitted a certain quant.i.ty of wine and spirits from the prize to be landed, for the immediate accommodation of those who had their crops to secure, and to prevent the impositions to which they were subject in being obliged to procure them from a second or third hand.

On the 24th the _Reliance_ and _Francis_ schooner returned from Norfolk Island, with the relief of the military, having been absent on that service between seven and eight weeks.

About ten o'clock of the night of the same day, the log gaol at Parramatta was wilfully and maliciously set on fire, and totally consumed. The prisoners who were confined were with difficulty s.n.a.t.c.hed from the flames, but so miserably scorched, that one of them died in a few days. This building was a hundred feet in length, remarkably strong, and had been constructed with much labour and expense.

The rewards which had been formerly held out upon similar occasions were now offered to any man or woman who would come forward with evidence sufficient to convict such diabolical incendiaries before the court of criminal judicature; and the inhabitants were called upon by that duty which every man owed to society, as well as to his own individual interest, to use every means in their power to discover the perpetrators of such horrid mischief, which in its extent, involved the lives of their fellow-creatures.

This was the second time such a circ.u.mstance had happened in the settlement, a circ.u.mstance that even staggers credulity. What interest, what motive could drive these wretches to such an action? The destruction of the building, they must know, would be instantly followed by the erection of another, at which they themselves must labour! Could it be for the purpose of throwing obstacles in the way of government: that government, which had ever been mild and not coercive, which had ever stood forward to alleviate their miseries, and often extended the arm of mercy, when their crimes cried aloud for that of punishment? and yet on no other principle can it be accounted for.*

[* May the annalist whose business it may be to record in future the transactions of the colony find a pleasanter field to travel in, where his steps will not be every moment beset with murderers, robbers, and incendiaries.]

The harvest was now begun, and constables were sent to the Hawkesbury with directions to secure every vagrant they could meet, and bring them to Sydney, unless they chose to work for the settlers, who were willing to pay them a dollar each day and their provisions: for at this time, there were a great number of persons in that district, styling themselves free people, who refused to labour unless they were paid the most exorbitant wages.

The following was the state of the live stock and ground in cultivation in the different districts, as appeared from reports collected at the latter end of the month of August last: viz

LIVE STOCK

Horses 39 Mares 72 Horned Cattle Bulls and Oxen 188 Cows 512 Hogs 3139 Sheep Male 1846 Female 2875 Goats Male 842 Female 1746

LAND IN CULTIVATION

Acres of Wheat 5465 Acres of Maize 2302 Acres of Barley 82 Acres of Oats 8

By this account it will appear, that there was a considerable increase of live stock, except in the article of horses, and female goats. A great addition had been also made to the ground in cultivation, the whole amounting at the above period (August) to 7857 acres; making an increase of 1745 acres, in twelve months.

CHAPTER XXIII

The _Swallow_ Packet arrives on her way to China Articles sold The _Minerva_ arrives from Ireland with convicts The _Fhynne_ from Bengal Three settlers tried for murdering two natives a.s.sessment fixed to complete the gaol February Military rations A soldier shoots himself A whaler from America, with a Spanish vessel, her prize The _Hunter_ from Calcutta The _Friendship_ with Irish convicts arrives Inutility of some of these prisoners Clothing issued Tax on spirits to complete the gaol Transactions A new magazine begun March The _Reliance_ sails for England A mountain eagle shot The _Martha_ arrives from Ba.s.s Strait Settlers sell their sheep Flood occasioned by bad weather April Criminal court held The _Speedy_ arrives from England with Lieutenant-Governor King The _Buffalo_ from the Cape Regulations

1800.]

January.] On the third day of this month, the _Swallow_, East-India packet, anch.o.r.ed in the cove, on her voyage to China. She brought information of the capture of the Dutch fleet in the Texel, and the surrender of the forts upon the Helder. This intelligence was announced to the settlement in a public order, and by a discharge of the cannon on the batteries. The _Swallow_ on her anchoring saluted the fort, which was returned.

In addition to this welcome news, she had on board a great variety of articles for sale, which were intended for the China market; but the master thought and actually found it worth his while to gratify the inhabitants, particularly the females, with a display of many elegant articles of dress from Bond Street, and other fashionable repositories of the metropolis. She remained here nearly three weeks, taking her departure for China on the 21st.

Previous to her sailing (on the 11th) the _Minerva_ transport arrived from Ireland, with a cargo, not of elegancies from Bond Street, but 162 male and 26 female convicts from the gaols of that kingdom: all of whom were in perfect health, their treatment and management on board doing the highest credit to the master, the surgeon, and his officers; three only having died during the pa.s.sage. She was chartered for Bengal; and, as the season was early for her proceeding upon that voyage, the governor, being desirous of dividing this description of people as much as possible, would have sent her on with them to Norfolk Island; but no provision having been made, as had sometimes been the case, for her proceeding thither under the charter-party, he did not choose to give the sum which the master demanded. And having learned that another ship, the _Friendship_, had sailed at the same time from Ireland, he determined to land the convicts and wait her arrival.

It was much wished that a clause should be inserted in every charter-party, enabling the governor to send the convicts to Norfolk Island in the ship that brought them out, if he should see occasion; as the difficulty with which they were got together for that purpose, when once landed, was inconceivable.

The _Minerva_, having touched at Rio de Janeiro, had brought many articles for sale, as well from that Port as from England, most of which were much wanted by the inhabitants; but the prices required for them were such as to drain the colony of every shilling that could be got together.

With the _Minerva_ arrived the _Fhynne_, a small snow from Bengal, under Danish colours, which had been chartered by the officers of the colony civil and military, through the means of an agent whom they had sent thither for that purpose. She was freighted on their account with many articles of which they were much in want; and as more labour could be obtained for spirits than for any other mode of payment, an article so essential to the cultivation of their estates was not forgotten.

On the evening of the 18th (which had been observed as the birthday of her Majesty) a convict, in attempting to go alongside the _Minerva_, although repeatedly told to keep off, was shot by the sentinel, who was afterwards tried, and acquitted, having only executed his orders.

The decision of this affair was prompt, and unattended with any doubt or difficulty; but not so was another business that had engaged the attention of the criminal court. The natives having murdered two men who possessed farms at the Hawkesbury, some of the settlers in that district determined to revenge their death. There were at this time three native boys living with one Powell, a settler, and two others, his neighbours.

These unoffending lads they selected as the objects of their revenge.

Having informed them, that they thought they could find the guns belonging to the white men, they were dispatched for that purpose, and in a short time brought them in. Powell and his a.s.sociates now began their work of vengeance. They drove the boys into a barn, where, after tying their hands behind their backs, these cowardly miscreants repeatedly stabbed them, until two of them fell and died beneath their hands. The third, making his escape, jumped into the river, and, although in swimming he could only make use of his feet, yet under this disadvantage, and with the savage murderers of his companions firing at him repeatedly, he actually reached the opposite bank alive, and soon joined his own people.

The governor, on being made acquainted with this circ.u.mstance, immediately sent to the place, where, buried in a garden, the bodies of these unfortunate boys were found, stabbed in several places, and with their hands tied as has been described. Powell and his companions in this horrid act were taken into custody, and, a court being convened, they were tried for the wilful murder of two natives.

The evidence that was brought before the court clearly established that the deceased had come to their death by the means of the prisoners; and the members of it were unanimously of opinion that they were guilty of killing two natives; but, instead of their receiving a sentence of death, a special reference was made to his Majesty's minister, and the prisoners were admitted to bail by the court.

The prisoners, in their defence, brought forward a crowd of witnesses to prove that a number of white people had at various times been killed by the natives; but, could these people have been sufficiently understood, proofs would not have been wanting on their side, of the wanton and barbarous manner in which many of them had been destroyed.

Entertaining doubts as to the light in which the natives were to be held, the court applied to the governor for such information as he could furnish upon this subject; and he accordingly sent them the orders which from time to time had been given respecting these people, and a copy of an article in his Majesty's instructions to the governor, which in strong and express terms places them under the protection of the British government, and directs, that if any of its subjects should wantonly destroy them, or give them unnecessary interruption in the exercise of their several occupations, they were to be brought to punishment according to the degree and nature of their offence.

In this instance, however, the court were divided in their sentiments respecting the nature of the offence, and submitted the whole business, with their doubts, to his Majesty's minister. As they could not see their way distinctly, they certainly were right to apply for a.s.sistance; but, as it was impossible to explain to the natives, or cause them to comprehend the nature of these doubts, it was to be expected that they would ill brook the return of the prisoners to their farms and occupations, without having received some punishment: a circ.u.mstance wholly inconsistent with their own ideas and customs; and, indeed, they loudly threatened to burn the crops as soon as it could be effected.*

Fire, in the hands of a body of irritated and hostile natives, might, with but little trouble to them, ruin the prospect of an abundant harvest; and it appeared by this threat, that they were not ignorant of having this power in their hands; it was, therefore, certainly very essential to the comfort and security of the settlers in particular, that they should live with them upon amicable terms.

[* Fortunately, though greatly incensed, they did not put this threat in execution.]

Towards the latter end of the month, the _Walker_ whaler came in from sea, not having met with any success, though cruising in the height of the summer season. She had spoke the _Albion_, which, though out a longer time, had been equally unsuccessful.

The public gaol at Sydney still wanting much of its completion, from the insufficiency of the sums which had been raised to carry it on; and it appearing that most of the officers had already paid to the amount of forty pounds each as an individual share of the expense, it became indispensably requisite that some means should be immediately adopted to finish the building; and, as the price of wheat had, at the urgent and repeated solicitation of the settlers, been for this season continued at ten shillings per bushel, it was proposed to raise a sum for this purpose, by each person leaving in the hands of the commissary sixpence for every bushel of wheat they should put into the store. This contribution would be the least felt, and was to cease so soon as a sum sufficient for the purpose was collected.

There not being at this time more than five months' provision in the store at full allowance, it became necessary to issue only two-thirds of the weekly ration; and this was ordered to commence on the first of the ensuing month. A trifling addition was made to the quant.i.ty in store, by the purchase of about seventy casks of salt provisions which the master of the _Minerva_ had for sale.

The _Francis_ and the _Norfolk_ brought round from the river a quant.i.ty of timber and plank for the vessel that was building at Sydney, and for other purposes.

February.] On the first of the month the proposed alteration in the ration took place. It has been said, that Colonel Paterson brought out with him a new arrangement of the military ration. This, as directed by his Majesty's regulation, consisted of, per man per diem,

PER MAN PER DIEM.

Flour or bread 1 lb Beef 1 lb or Pork lb Peas pint b.u.t.ter or Cheese 1 oz Rice 1 oz

When the small species cannot be issued, 1 lb of bread or flour, and 1 lb of beef, or 10 oz of pork, make a complete ration. The quant.i.ty of salt provisions at this time remaining in the store, not admitting of exempting the regiment from a reduction of the ration, they were informed that, until the store could afford to victual them again agreeable to the regulation, they would receive the same ration as the civil department; but that no stoppages from their pay would on that account take place.

One of these people, a quiet well-disposed young man, fell a victim to an attachment which he had formed with an infamous woman; who, after plundering him of every thing valuable that he possessed, turned him out of the house, to make room for another. This treatment he could not live under; and, placing the muzzle of his gun beneath his chin, he drew the trigger with his foot, and, the contents going through his neck, instantly expired.

On the 13th, the _Betsey_ whaler arrived from the west coast of America with 350 barrels of oil. She was extremely leaky, and much in want of repair. At the same time came in the _Hunter_ bark from Calcutta, with a cargo on speculation; and on the day following, a Spanish brig which had been captured by the whaler.

Early in the morning of the 16th, the _Friendship_ transport arrived from Ireland with convicts. She had been fifty days in her pa.s.sage from the Cape of Good Hope, where she left his Majesty's ship _Buffalo_ taking on board cattle for the settlement. The convicts arrived in very good health, though the ship had been sickly previous to her reaching the Cape.

Many of the prisoners received by this ship and the _Minerva_ were not calculated to be of much advantage to the settlement; and but little addition was made by their arrival to the public strength. Several of them had been bred up in the habits of genteel life, or to professions in which they were unaccustomed to hard labour. Such must become a dead weight upon the provision store; for, notwithstanding the abhorrence which must have been felt for the crimes for which many of them were transported, yet it was impossible to divest the mind of the common feelings of humanity, so far as to send a physician, the once respectable sheriff of a county, a Roman Catholic priest, or a Protestant clergyman and family, to the grubbing hoe, or the timber carriage. Among the lower cla.s.ses were many old men, unfit for any thing but to be hut-keepers, who were to remain at home to prevent robbery, while the other inhabitants of the hut were at labour.

Some clothing had been received by these ships and the _Walker_, but, unfortunately, not any bedding. The governor therefore purchased a thousand bad rugs, which had been manufactured in some of the Spanish settlements on the west coast of America, and were in the prize which last arrived. These, with a complete suit of the clothing to each, were now issued to the convicts.