Some ground having been prepared near his excellency's house on the East side, the plants from Rio-de-Janeiro and the Cape of Good Hope were safely brought on shore in a few days; and we soon had the satisfaction of seeing the grape, the fig, the orange, the pear, and the apple, the delicious fruits of the Old, taking root and establishing themselves in our New World.
As soon as the hurry and tumult necessarily attending the disembarkation had a little subsided, the governor caused his Majesty's commission, appointing him to be his captain-general and governor in chief in and over the territory of New South Wales and its dependencies, to be publicly read, together with the letters patent for establishing the courts of civil and criminal judicature in the territory, the extent of which, until this publication of it, was but little known even among ourselves. It was now found to extend from Cape York (the extremity of the coast to the northward) in the latitude of 20 degrees 37 minutes South, to the South Cape (the southern extremity of the coast) in the latitude of 43 degrees 39 minutes South; and inland to the westward as far as 135 degrees of East longitude, comprehending all the islands adjacent in the Pacific Ocean, within the latitudes of the above-mentioned capes.
By this definition of our boundaries it will be seen that we were confined along the coast of this continent to such parts of it solely as were navigated by Captain Cook, without infringing on what might be claimed by other nations from the right of discovery. Of that right, however, no other nation has chosen to avail itself. Whether the western coast is unpromising in its appearance, or whether the want of a return proportioned to the expense which the mother-country must sustain in supporting a settlement formed nearly at the farthest part of the globe, may have deterred them, is not known; but Great Britain alone has followed up the discoveries she had made in this country, by at once establishing in it a regular colony and civil government.
The ceremony of reading these public instruments having been performed by the judge-advocate, the governor, addressing himself to the convicts, assured them, among other things, that 'he should ever be ready to show approbation and encouragement to those who proved themselves worthy of them by good conduct and attention to orders; while on the other hand, such as were determined to act in opposition to propriety, and observe a contrary conduct, would inevitably meet with the punishment which they deserved.' He remarked how much it was their interest to forget the habits of vice and indolence in which too many of them had hitherto lived; and exhorted them to be honest among themselves, obedient to their overseers, and attentive to the several works in which they were about to be employed. At the conclusion of this address three volleys were fired by the troops, who thereupon returned to their parade, where the governor, attended by Captain Hunter and the principal officers of the settlement, passed along the front of the detachment, and received the honours due to a captain-general; after which he entertained all the officers and gentlemen of the settlement at dinner, under a large tent pitched for the purpose at the head of the marine encampment.
The convicts had been mustered early in the morning, when nine were reported to be absent. From the situation which we had unavoidably adopted, it was impossible to prevent these people from straggling. Fearless of the danger which must attend them, many had visited the French ships in Botany Bay, soliciting to be taken on board, and giving a great deal of trouble. It was soon found that they secreted at least one-third of their working tools, and that any sort of labour was with difficulty procured from them.
The want of proper overseers principally contributed to this. Those who were placed over them as such were people selected from among themselves, being recommended by their conduct during the voyage; few of these, however, chose to exert the authority that was requisite to keep the gangs at their labour, although assured of meeting with every necessary support. Petty thefts among themselves began soon to be complained of; the sailors from the transports, although repeatedly forbidden, and frequently punished, still persisted in bringing spirits on shore by night, and drunkenness was often the consequence.
To check these enormities, the court of criminal judicature was assembled on the 11th of February, when three prisoners were tried; one for an assault, of which being found guilty, he was sentenced to receive one hundred and fifty lashes; a second, for taking some biscuit from another convict, was sentenced to a week's confinement on bread and water, on a small rocky island near the entrance of the cove; and a third, for stealing a plank, was sentenced to receive fifty lashes, but, being recommended to the governor, was forgiven.
The mildness of these punishments seemed rather to have encouraged than deterred others from the commission of greater offences; for before the month was ended the criminal court was again assembled for the trial of four offenders, who had conceived and executed a plan for robbing the public store during the time of issuing the provisions. This crime, in its tendency big with evil to our little community, was rendered still more atrocious by being perpetrated at the very time when the difference of provisions, which had till then existed, was taken off, and the convict saw the same proportion of provision issued to himself that was served to the soldier and the officer, the article of spirits only excepted. Each male convict was that day put upon the following weekly ration of provisions, two-thirds of which was served to the female convicts, viz 7 pounds of biscuit; 1 pound of flour; 7 pounds of beef, or 4 pounds of pork; 3 pints of peas; and 6 ounces of butter.
It was fair to suppose that so liberal a ration would in itself have proved the security of the store, and have defended it from depredation; but we saw with concern, that there were among us some minds so habitually vicious that no consideration was of any weight with them, nor could they be induced to do right by any prospect of future benefit, or fear of certain and immediate punishment. The charge being fully proved, one man, James Barrett, suffered death: his confederates were pardoned, on condition of their being banished from the settlement. Another culprit was sentenced to receive three hundred lashes; but, not appearing so guilty as his companions, was pardoned by the governor, the power of pardoning being vested in him by his Majesty's commission.
His excellency, having caused one example to be made, extended lenity to some others who were tried the following day; and one convict, James Freeman, was pardoned on condition of his becoming the public executioner.