In the evening I returned on board the Boussole, and was shown all the drawings they had made during their voyage; and at five o'clock the next morning I set out on my return to Port Jackson, but did not arrive on board the Sirius before seven in the evening, having been obliged to row all the way against the wind and a great swell.
On the 4th, I went by land to Botany-Bay, accompanied by Lieutenant Ball, and some other officers: we found the country between that place and Port Jackson to consist chiefly of deep bays and sand hills, interspersed with a vast number of rocks: we did not return until the evening of the 5th.
About this time two criminal courts were assembled in order to try offenders, and as the proceedings in these cases are, in a great measure, new, a short account of them may not be unacceptable.
The judge-advocate issues his precept for the three senior naval officers and three military officers to assemble at the time appointed, dressed in their uniforms and their side-arms: when they are met, the judge-advocate administers an oath to the members, similar to that which is used at military courts-martial; afterwards, one of the members administers the same oath to the judge-advocate, who presides at the court, and the rest take their seats according to their rank. The prisoner is then asked, whether he is guilty or not, and, as the general answer is, "not guilty," the accusations against him are read, and witnesses are examined on oath to support or prove the charge; after which the prisoner enters on his defence, and brings evidence to prove his innocence: the court is then cleared, and the members consider what sentence to pronounce; if it be death, five out of the seven must concur in opinion. The governor can respite a criminal condemned to die, and the legislature has fully empowered him to execute the sentence of the law, or to temper it with mercy.
Actions for debt, for a certain amount, are cognizable by this court, as are all other actions at common law, where they are decided according to the law of England, as nearly as the situation will allow.
On the 6th, Governor Phillip signified his intention of sending me to Norfolk-Island, with a few people, and stock to settle it, and lieutenant Ball was ordered to receive on board the Supply the stores and provisions necessary for that purpose: this business engaged the whole of my attention until the 15th, when, having received my commission and instructions from the governor, (and taken the oaths of fidelity and allegiance, &c. &c. and the customary oath as a justice of the peace for Norfolk-Island;) by which I was appointed superintendent and commandant of Norfolk-Island, I embarked the following persons, who were appointed to go along with me, viz. Mr. James Cunningham, master's mate of the Sirius; Mr. Thomas Jameson, surgeon's first mate of the Sirius; Mr. John Altree, assistant to the surgeon; Roger Morly, weaver; William Westbrook, and ---- Sawyer, seamen; Charles Heritage, and John Batchelor, marines; with nine male and six female convicts; in all, twenty-three persons.
We sailed from Sydney-Cove at seven o'clock in the morning, with a fine breeze at west-south-west, and at eight, we got out of the harbour, when we found it blew very fresh, and as we got off the land it came on to blow a perfect hurricane, with a most tremendous sea running, which often broke into the vessel: the gale kept up with great violence, as did the sea during the whole day, and I often thought the vessel in a critical situation.
At two o'clock in the morning, the wind veered round to south-by-west, and moderated, but a heavy sea was still running. At noon, the latitude was 32° 22' south, 154° 11' east longitude. In the evening, a flying-fish flew on board, which is rather an extraordinary event in this latitude. At day-break in the morning of the 18th, land was discovered bearing east-south-east; and, from its appearance, we judged it to be two small rocks or islands, not more than six leagues distant. At the time we first saw the land, we were standing to the northward, with the wind at east-south-east: at eight in the morning, we tacked towards the land, but the wind being light during the whole day, our progress was very slow.
Early the next morning, having neared the land considerably, we perceived a pointed rock right a-head, at some distance from the island; on which, we hove to, and soundings were tried for with 120 fathoms of line, but we got no bottom. At day-light we made sail, and perceived that the two islands or hills we had seen the day before, were two very high rocky mountains, on the south side of an island, extending from north 37° east, to north 55° east. This side of the island formed a deep bay, in which there appeared to be good shelter from the north-east. At noon, we had a very good meridian altitude, by which the latitude was 31° 40' south, and the center of the island bore north 40° west, distant about six miles; consequently, its latitude is 31° 35' south, and the longitude 159° east of Greenwich.
The form of the island is a crescent, and it is very small in proportion to the two stupendous rocky mountains which rise at its southern extremity. One of the rocks rises perpendicularly from the sea, and has the appearance of a regular pyramid, when seen from the westward: we sailed from it in a direct course 22 leagues, and could then see it very plainly. Lieutenant Ball, who was certainly the discoverer of this island, has named its points and rocks, as they are marked in the chart*. At noon on the 20th, we lost fight of Ball's pyramid in the haze, after having run 22 leagues from it in the direction of east by south: I think, in clear weather, it may be seen at the distance of thirty leagues. We had light winds and pleasant weather until the 24th, when we had very strong gales from east-south-east, with a high cross sea.