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 2lboz. 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, 2d.
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 3d. 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
1s. to secretary or clerk 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, 2d.
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, 1s. Capias, for any sum not
exceeding 30l., 13s.; ditto, above 30l. and not exceeding
50l., 17s.; and all above 50l., 1s. 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 2d. - Fees to secretary’s
clerks, receiving no salary: free pardons 5s.
conditional ditto 2d.; and, on each person leaving
the colony by certificate, 2d.
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 2d. per 100
feet; fowls and ducks 1s. per dozen; geese and turkies
1d. per dozen; parcels weighing 2lbd.; and
private letters 2d. each. The hire of the whole
boat 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, 1s.; a whaler, with merchandize, 15s.; ditto, with
no articles for sale, 10s.; a foreign ship 2s.
General permission to trade 10s.; each bond 3d.;
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 réflexions 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.