Exchequer of the degree of coiffe, according to the authority of them given by the said statute, did, on the thirteenth day of December, 1786, order that the said several offenders, in the said several lists to the said several Ordersin-Council annexed, should be transported to the place and for the time and terms aforesaid: And whereas it may be found necessary that a colony and a civil Government should be established in the place to which such convicts shall be transported, under and by virtue of the said Act of Parliament, the said two several Orders-ofCouncil, and other the said above-recited Orders, and that a Court of Criminal Jurisdiction should also be established within such place as aforesaid, with authority to proceed in a more summary way than is used within this realm, according to the known and established laws thereof: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons, in this present Parliament assembled, and by the authority of the same, that his Majesty may, by his Commission under the Great Seal, authorise the person to be appointed Governor, or the Lieutenant-Governor in the absence of the Governor, at such place as aforesaid, to convene from time to time, as occasion may require, a Court of Jurdicature for the trial and punishment of all such outrage and misbehaviours as, if committed within this realm, would be deemed and taken, according to the laws of this realm, to be treason or misprison thereof, felony or misdemeanor, which Court shall consist of the JudgeAdvocate, to be appointed in and for such a place, together with six officers of his Majesty's forces by sea or land: Which Court shall proceed to try such offenders by calling such offenders respectively before that Court, and causing the charge against him, her, or them respectively, to be read over, which charge shall always be reduced into writing, and shall be exhibited to the said Court by the Judge-Advocate, and by examining witnesses upon oath, to be administered by such Court, as well for as against such offenders respectively, and afterwards adjudging by the major part of the persons composing such Court, that the party accused is or is not (as the case shall appear to them) guilty of the charge, and by pronouncing judgment therein (as upon a conviction by verdict) of death, if the offence be capital, or of such corporal punishment not extending to capital punishment, as to the said Court shall seem meet; and in case not capital, by pronouncing punishment of such corporal punishment, not extending to life or limb, as to the said Court shall seem meet. II. And be it further enacted that the Provost-Marshal, or other officer to be for that purpose appointed by such Governor or Lieutenant-Governor, shall cause due execution of such judgment to be had and made under and according to the warrant of such Governor or LieutenantGovernor in the absence of the Governor, under his hand and seal, and no otherwise: Provided always that execution shall not be had or done on any capital convict or convicts, unless five persons present in such Court shall concur in adjudging him, her, or them, so accused and tried as aforesaid, to be respectively guilty, and until the proceedings shall have been transmitted to his Majesty and by him approved. III. And be it so enacted by the authority aforesaid that the said Court shall be a Court of Record, and shall have all such powers as by the laws of England are incident and belonging to a Court of Record. (History of New South Wales from the Records, G. B. Barton, Lond. and Sidney, 1889. I, 453). 226. The First Penal Settlement Barton In 1786 there was drawn up the following plan for the establishment of a penal settlement in New South Wales. The document given is not the first submitted, but it is that which contains the plan nearest that which was adopted. The result was the famous "first fleet," which in 1788 sailed for Botany Bay. Although the experiment was not an unqualified success, it was sufficiently so to warrant the continuance of the penal settlements in Australia. All of these settlements were generically known as Botany Bay, although the spot to which that title belonged was soon abandoned. It was not for many years that Australia was able to free herself from the unjust reproach of being inhabited mainly by convicts. HEADS OF A PLAN For effectually disposing of convicts, and rendering their transportation reciprocally beneficial both to themselves and to the State, by the establishment of a colony in New South Wales, a country which, by the fertility and salubrity of the climate, connected with the remoteness of its situation (from whence it is hardly possible for persons to return without permission), seems peculiarly adapted to answer the views of Government with respect to the providing a remedy for the evils likely to result from the late alarming and numer ous increase of felons in this country, and more particularly in the metropolis. It is proposed that a ship-of-war of a proper class, with a part of her guns mounted, and a sufficient number of men on board for her navigation, and a tender of about two hundred tons burthen, commanded by discreet officers, should be got ready as soon as possible to serve as an escort to the convict ships, and for other purposes hereinafter mentioned. That, in addition to their crews, they should take on board two companies of marines, to form a military establishment on shore, not only for the protection of the settlement, if required, against the natives, but for the preservation of good order, together with an assortment of stores, and utensils and implements necessary for erecting habitations and for agriculture; and such quantities of provisions as may be proper for the use of the crews. As many of the marines as possible should be artificers, such as carpenters, surveyors, smiths, potters, if possible, and some husbandmen. To have a chaplain on board, with a surgeon and one mate at least, the former to remain at the settlement. That these vessels should touch at the Cape of Good Hope, or any other places that may be convenient, for any seed that may be requisite to be taken from thence, and for such live stock as they can possibly contain, which it is supposed can be procured there without any sort of difficulty, and at the most reasonable rates, for the use of the settlement at large. That Government should immediately provide a certain number of ships of a proper burthen to receive on board at least seven or eight hundred convicts, and that one of them should be properly fitted for the accommodation of the women, to prevent their intercourse with the men. That these ships should take on board as much provisions as they can possibly stow, or at least a sufficient quantity for two years' consumption, supposing one year's to be issued at whole allowance, and the other year's provisions at halfallowance, which will last two years longer; by which time it is presumed that the colony, with the live stock and grain which may be raised by a common industry on the part of the new settlers, will be fully sufficient for their maintenance and support. That, in addition to the crews of the ships appointed to contain the convicts, a company of marines should be divided between them, to be employed as guards for preventing ill consequences that might arise from dissatisfaction amongst the convicts, and for the protection of the crews in the navigation of the ships from insults that might be offered by the convicts. That each of the ships should have on board at least two surgeons' mates to attend to the wants of the sick, and should be supplied with a proper assortment of medicine and instruments, and that two of them should remain with the settlement. After the arrival of the ships which are intended to convey the convicts, the ship-of-war and tender may be employed in obtaining live stock from the Cape, or from the Molucca Islands, a sufficient quantity of which may be brought from either of those places to the new settlement, in two or three trips; or the tender, if it should be thought most advisable, may be employed in conveying to the new settlement a further number of women from the Friendly Islands, New Caledonia, etc., which are contiguous thereto, and from whence any number may be procured without difficulty; and without a sufficient proportion of that sex it is well known that it would be impossible to preserve the settlement from gross irregularities and disorders. The whole regulation and management of the settlement should be committed to the care of a discreet officer, and provision should be made in all cases, both civil and military, by special instructions under the Great Seal, or otherwise, as may be thought proper. Upon the whole, it may be observed with great force and truth, that the difference of expense (whatever method of carrying the convicts thither may be adopted) between this mode of disposing of them, and that of the usual ineffectual one, is too trivial to be a consideration with Government, at least in comparison with the great object to be obtained by it, especially now the evil is increased to such an alarming degree, from the inadequacy of all other expedients that have hitherto been tried or suggested. It may not be amiss to remark in favour of this plan that considerable advantage will arise from the cultivation of the New Zealand hemp or flax plant in the new intended settlement, the supply of which would be of great consequence to us as a naval power, as our manufacturers are of opinion that canvas made of it would be superior in strength and beauty to any canvas made of the European material, and that a cable of the circumference of ten inches, made from the former, would be superior in strength to one of eighteen inches made of the latter. The threads or filaments of this New Zealand plant are formed by nature with the most exquisite delicacy, and may be so minutely divided as to be manufactured into the finest linens. Most of the Asiatic productions may also, without doubt, be cultivated in the new settlement, and in a few years may render our recourse to our European neighbours for those productions unnecessary. It may also be proper to attend to the possibility of procuring from New Zealand any quantity of mast and ship timber for the use of our fleet in India, as the distance between the two countries is not greater than between Great Britain and America. It grows close to the water's edge, is of size and quality superior to any hitherto known, and may be obtained without difficulty. STAFF ESTABLISHMENT FOR THE SETTLEMENT OF NEW SOUTH The Naval Commander appointed Governor or The Commanding Officer of the Marines to be £ S. d. 500 250 The Commissary of Stores and Provisions, for himself and assistants, to be appointed or named by the contractors for the provisions 200 ESTIMATE OF CLOTHING TO SERVE A MALE CONVICT FOR ONE |