# History of Australia/Chapter 5

CHAPTER V.
GOVERNOR KING.
Philip Gidley King, having successfully appealed against the abolition of the civil law at Norfolk Island, and having thanked the Duke of Portland for his "justice and goodness," obtained leave of absence on the ground of ill-health. In 1798 he applied for the establishment of a Civil Court of Judicature at Norfolk Island, and a friendly note from Sir Evan Nepean informed him in July that he was to have the rank of post-captain. He soon learned that he was selected to cope with the evils rampant in New South Wales. To lighten to Hunter the blow of his removal, King was in the first instance constituted Governor of New South Wales in ease of the absence or death of Hunter.
The territory extended from Cape York (S. lat. 10.37) to 48.39 south; was bounded to the west by the 185th degree of longitude, including thus a great part of the modern colony of South Australia, and comprised "all the islands adjacent in the Pacific Ocean within the latitudes aforesaid."
Before leaving England, King addressed himself to the task of extricating the community from the extortions of importers. He proposed (as Hunter had suggested in 1796) that a government store should be formed in the colony, and that supplies, to be sold at a rate which would recoup the coat to the government, should he sent from England. Private extortion was to he restrained by the power of the Governor to fix the prices at which goods might be sob! from ships casually arriving. King fixed it ​ afterwards at 50 per cent. on the cost price, instead of the 400 or 500 per cent. formerly extorted. Merchants were under a general disability to traffic in the East without permission from the East India Company, and the company's charter was occasionally availed of in controlling unlawful importations. Merchants in England, however, presented a memorial to the Secretary of State complaining that, as their goods were excluded from "the chartered seas of the East India Company," American traders had traded with New South Wales to the detriment of the British. Thus "Americans will monopolize the advantage of the trade," "and this country will have all the expense of supporting" the colony.
So resolute was the sailor-governor in enforcing the new regulations about prices that Lord Hobart interposed his authority on behalf of free commerce. The English Government had consented to the proposition to establish a store in order to "reduce to a proper level the exorbitant profits made by speculators, in consequence of the scarcity, which, without such interference, they were able to continue to their own advantage and to the distress and, in many instances, the absolute ruin of the inhabitants." He would support the Governor by a continued supply of articles to be disposed of with such an object in view, but, except "under very peculiar circumstances," the authority of "the government must by no means be interposed, excepting in the prohibition against spirits," in control of private enterprise. What the private instructions to King originally were may be gathered from a despatch from himself to Lord Hobart (9th Nov. 1802):—
"I believe it is no secret either in the department your Lordship has succeeded to, or to His Royal Highness the Commander-in-chief, that several officers, civil and military, had made fortunes by the infamous traffic in spirits which was so long carried on in defiance of every honourable consideration that ought to attach to those who hold their Sovereign's commission. Repeated information of these enormities, and the heavy ​sums drawn, occasioned a representation by your Lordship's predecessor to His Royal Highness, who ordered Colonel Paterson, then in England, to rejoin the corps (1799). I was soon after lespatched on the most unpopular errand, to supersede the Governor, put a stop to officers' trading and dealing in spirituous liquors, destroy the oppressive monopolies that had so long existed, and to make a total reform in the expensive and dishonourable plans which had prevailed so long. On arriving I found the same practices prevailing, and as soon as decency towards the late Governor admitted I took the measures stated in the enclosure."
Instructions were framed in England. King arrived in Sydney on the 15th April 1800. Hunter was loth to lay down his authority. On the 8th May King wrote earnestly to the Earl of Mornington in India to request his aid for an object in which the interests of humanity and of His Majesty's service are so materially concerned. The quantities of this poison (rum) thrown into this colony would be truly distressing to your Lordship's feelings could you be informed of the evils attendant thereon." To Major Foveaux, acting Lt.-Governor at Norfolk Island, he sent (June 1800) the detailed instructions, which he was unable to obtain Hunter's consent to promulgate in Sydney until September. He added warnings from himself.
Meanwhile, he assisted Hunter in general affairs at Sydney. But the spirit traffic continuing, and fresh importations being dreaded, he was constrained to urge Hunter to permit him to reveal to the officers the nature of the new instructions devised to control the irregularities which had abounded amongst them and others. It was hard for Hunter to acquiesce, and perhaps unintentionally he increased his successor's difficulties. Enclosing all his correspondence with Hunter to the Duke of Portland, King pointed out "the embarrassing situation in which I have been placed from the moment of my arrival until Governor Hunter's departure."
The new instructions (framed after consultation with Phillip and King) said:—
"And whereas it has been humbly represented to His Majesty that the greatest evils have arisen from the unrestrained importation of spirituous ​ liquors, and that several officers have entered into the most unwarrantable traffic with settlers and convicts for the sale thereof, whereby they have been induced to barter away their breeding-stock as well as mortgage their growing crops for the said spirits, to their particular detriment and consequent misery of their families, as well as injury to His Majesty's service and the public interest at large in the colonies, you are therefore strictly commanded to order and direct that no spirits be landed from any vessel coming to Port Jackson without your consent for the specific quantity to be landed being previously obtained for that purpose by a written permit, and in case you should judge it necessary to allow of that indulgence to the officers and deserving settlers for their domestic purposes alone, you are to take care that this indulgence be so regulated by you as to preclude the possibility of its becoming an object of traffic. Which orders you are to communicate to all captains and masters of ships immediately after their arrival, and to prohibit by the most effectual means any officers from disgracing His Majesty's service by entering into any traffic whereby that respect due to His Majesty's commission may be called in question."
Every officer was to comply "under pain of His Majesty's highest displeasure."
Hunter had neither the courage to carry out the instructions himself at once, nor the good sense to depart so that King might put them in force. The evils they were to counteract continued; more shipments of spirits were looked for, and King after several months, while still ignorant of the date at which Hunter would leave, obtained Hunter's consent to communicate the instructions (18th Sept.) to Colonel Paterson and other civil and military officers. In asking Paterson to convene a meeting of them to hear the new order, King said that "a due regard to the character of an officer" prevented him from making the order public at once, but that in future any offender would "be brought to a general court-martial, and such other notice taken as the offence may deserve." Paterson was requested to inform King as soon as he had made known the order, which, though not made public for the reason stated, was "to be considered as a public order."
The traffickers were thunderstruck, but could neither oppose the order nor deny that it was made known to them in a considerate manner.
Regulations were framed to prevent ships from landing any goods without permission. The master was to receive a guard on board, to bind himself under a penalty of £200 to break no bulk and land no liquor without a written permit from the Governor. A particular wharf was pre​scribed as the only place where, even under a permit, spirits might be landed." Half the fine was to go to the Orphan Fund and half to the informer. Connivers on shore were to be prosecuted under the English Smuggling Acts. No vessel was to leave the harbour without the naval officer's certificate, countersigned by the Governor. There were other provisions to guard against the escape of convicts in vessels, and a table of fees was fixed. Colonel Paterson succeeded in keeping out of sight, in some degree, past delinquencies of officers of the New South Wales Corps; but two civil officers were compelled by pecuniary embarrassments to throw themselves on King's consideration.
Mr. Balmain, the principal surgeon, had 1400 gallons of spirits purchased (before King's arrival) at from ten to nineteen shillings a gallon. Mr. D'Arcy Wentworth had 3000 gallons under similar circumstances. They both had a supply of tea also. They wished to obey the law and offered their goods "for government and prayed for other relief." King replied that he could make no purchase while Governor Hunter was in the colony. The holders asked twenty shillings a gallon, which King declined to authorize. When King arrived the price was £2 a gallon, and the stock on hand exceeded 20,000 gallons. Finally he agreed, as there was no medium between their losing the whole of their property or subjecting themselves to very unpleasant consequences," that they might dispose of "such property alone as they purchased before" his arrival; handing to him accurate lists of the articles, selling only to persons sanctioned by him at the price (twenty shillings) already mentioned, furnishing monthly returns of sales and stock remaining on hand, and giving an "assurance in writing that they will not enter into any future speculations or purchases contrary to His Majesty's instructions." Both of them "pledged themselves on the faith of gentlemen" to these conditions.
Hunter found his occupation gone, and ten days after the communication of the order to Paterson, handed the government to his successor.
​ The speculative and enterprising John Macarthur, indignant at interference with a traffic which Grose, Paterson, and Hunter had openly sanctioned, offered (30th Sept.) the whole of his stock to the government-50 cattle, 10 horses, and 600 sheep-for £4000, the land and improvements to be included in the price. He intended to return to England. King recommended the purchase to the Secretary of State. The Duke of Portland (19th June 1801) saw no advantage in the purchase of the horses, but approved of buying the sheep and cattle. The farm would be as advantageous to the settlement in private hands. Grose, in encouraging military officers to devote themselves largely to farming pursuits, and providing them with convict labour, deviated from Phillip's practice and from instructions from England. The Duke of Portland animadverted strongly upon the proof now afforded of the extent of Grose's disobedience.
"I highly disapprove of the commanding officer of the corps to which Captain Macarthur belongs allowing him or any other officer to continue in such contradictory situations and characters. . . . The evil, and a great one it is, consists in individuals who are not settlers (and whose characters and situations necessarily incapacitate them from becoming so) being enabled at the public cost to do that which should have been done for the public itself in the first instance."
When these strictures reached the colony Macarthur had left it, and was labouring to found an industry which was to become important both to the colony and to England. (He left to his amiable wife the difficult task of superintending his property.)
King's proceedings in arresting the spirit traffic were highly commended. "Any master of a vessel who disregards the orders should not be allowed to remain in your port an hour, nor should he be ever suffered to return to it."
Traders in the East Indies had pampered the vicious craving of the community, and before King left England in 1799 a despatch to India had deprecated the exportation of spirits thence to New South Wales. In March 1801 King wrote that the embargo in India had done much good, but that from America, the Brazils, and the Cape of Good Hope large quantities of bad spirits were poured into the colony. Transport ships chartered to the colony continually brought spirits. Not a convict ship arrived with less than 8000 gallons. He implored that the Transport Board would ​inform all owners that not more than 500 gallons of spirits would be allowed to be landed from any vessel. An American vessel arrived in 1801 with 13,000 gallons of spirits, and King did not allow a drop to be landed. Between the 28th Sept. 1800 and 31st Dec. 1801 he had sent away more than 32,000 gallons of spirits and 22,000 gallons of wine, and that which was landed by permission was sold at prices fixed by himself, and ranging from four shillings to ten shillings a gallon. These prices coming after the recovery, in the Court of Sydney, of one hundred and sixty shillings a gallon in Governor Hunter's time, and confirmed by him on appeal, abated the lust of importers. The captain of the American vessel asked King to give him a certificate that the importation was forbidden, and King wrote to the United States Minister in London (through the Secretary of State), hoping that his letter might prevent Americans from risking their property; "the penalty of landing which, without my permit in writing, is forfeiture of ship and cargo." Lord Hobart, who then controlled the department, replied:—
"I very much approve of the steps you have taken to lessen the evils arising from the enormous quantity of spirits imported into the colony, and you may depend upon my firm support in every legal and justifiable exertion you may continue to make in furtherance of this very essential object. The dismissal of the American vessel will operate more powerfully than any measure to prevent the resort of others so laden; and the most strict instructions will be given to all masters of vessels from this country and from Ireland in accordance with your suggestions, which I have not failed to communicate to the Commissioners of Transport."
King had written also (March 1801) to the Commissioners, and they replied (31st Dec. 1801):—
"It is much to be lamented that such vast quantities of spirits have been clandestinely imported into New South Wales contrary to the spirit and tenour of our charter parties; but we trust that your endeavours co-operating with our own, will in future greatly discourage if not entirely prevent a traffic so pernicious to the health and morals of the people under your government."
The Chance, with letters of marque, was in the South Seas, and King acquainted her commander (24th April 1801) that any prize he might take would receive refreshments necessary, but if containing more than 1000 gallons of spirits would "not be suffered to come into the cove or have her cargo condemned." He wrote also to all British Consuls in America (March 1802), with "the approbation of ​the Secretary of State," informing them that he had already sent more than one American vessel away with great quantities of spirits, and desiring them to make it publicly known "that no greater quantity than 300 gallons would be allowed to be landed from any one vessel."
The quantity of intoxicating liquor sent away during King's government was of spirit, 69,484 gallons; of wine, 31,293 gallons. Though in the first instance he had taken his measures without publicity, two days after assuming the government he issued a public order (1st Oct. 1800) declaring that he was "instructed to put a stop to the unwarrantable and scandalous monopolies that have existed in this colony," and that "no person whatever is allowed to sell or retail any spirituous liquors," or "to land spirits or wines without the Governor's own permit in writing." Offenders would be punished, exclusive of the seizure of the spirits. "No greater price than twenty shillings per gallon for spirits to be admitted in any civil or criminal prosecution unless it shall appear that it cost that sum or more from the master of any ship, in which case no advance on the retail will be allowed."
​A General Order (20th Dec. 1800) shows the manner in which spirits were admitted into the colony. A vessel had arrived from England.
"The Governor having contracted for 2000 gallons of spirits to be divided among the officers, civil and military, who are not provided with any, and the soldiers and settlers at this place and at Norfolk Island; such spirits will be divided in the following proportions; for which-money, Government, or paymaster's bills are to be given:—
payment for which is to be made in the following proportions, to the Commissary, previous to the Royal Admiral's departure. Non-commissioned officers and soldiers 4s. per gallon; settlers 5s. 6d. per gallon and officers 5s. per gallon. The Governor remits the assessment of one shilling per gallon to the regiment; and to the officers, for 40 gallons each per annum. All above that quantity to pay for the assessment."
Though King communicated his instructions with some delicacy to the officers in the first instance, he was outspoken afterwards in General Orders. On the 20th Dec. 1801, "John Green, a convict, being detected in exchanging spirits for wheat with the government threshers has forfeited the spirits and the wheat, which with his dwellinghouse are forfeited to the purposes of government, and the delinquent is sent to Norfolk Island." On the same day (as)
"it appears that an officer has given the spirits he was permitted by the Governor to purchase for his domestic purposes to a licensed retailer of spirituous liquors, to deliver to individuals by his orders, the Governor once more calls the attention of the officers, civil and military, to the delicate manner in which he communicated the Royal Instructions to them on that behalf; and he now directs that if any officer shall so far abuse the indulgence granted him, of being allowed to purchase spirits for his domestic purposes, by giving it on any pretext to any retailer whatever, or licensed person, to retail or give out by his orders, such spirits will not only be seized, but also the offender will be tried by a general court martial. Licensed persons receiving permits for spirits are to draw it themselves; and if they receive spirits from any other person to dispose of on their own account, all such spirits will be seized, and the receiver forfeit his license, recognizances, and all strong drinks found on his premises, which will become the property of the person suing to conviction. And if any person, civil or military, settlers, freemen, or prisoners, shall presume to purchase wheat with spirits, all such wheat, spirits, and the premises on which they are found will be forfeited to the Crown, and the offender dealt with according to his situation."
​The order which King issued on his assumption of office, forbidding the landing of spirits without the Governor's written permit, was repeated (Dec. 1801) with the addition, that any master of a ship contravening it, "exclusive of forfeiting the penalty of his bond, is to be ordered out of the port immediately, and information thereof transmitted to the Secretary of State, that such masters may not be employed by government in future." By these measures, by causing importers to bond the spirits imported, by ordering that wheat and live stock should be received as legal payment for debts at the government store (established to provide articles for settlers at reasonable prices) and by regulating the prices at which private importers might dispose of their goods, the Governor reported (Dec. 1801) that a manifest change for the better had taken place in the community. He had encountered
"much animadversion, secret threats, and officious advice," "all which has been silently contemned, and by persevering in the line of duty pointed out it is hoped a continuation of that amendment which is so obvious will fully contradict the prediction, or rather hopes, of those who foretold the ruin of the colony from those regulations, and particularly from the prohibition of spirits."
Two magistrates were "more than suspected" of complicity in the "practices which it was their duty to prevent." In 1803, observing with "great pleasure and satisfaction" Lord Hobart's approval of his efforts to do away "the disgraceful extortion and improprieties" which had so long been rampant, and from which his endeavours had "greatly extricated the inhabitants," he added that he had not "escaped censure and most assassinating attacks from those whose enormities have been checked and put a stop to."
But a new difficulty occurred in 1803. Governor Hunter had permitted Mr. Robert Campbell, a member of a mercantile house in Calcutta, to establish himself in Sydney. In March 1801 King made a contract with Campbell to import 150 young cows from Bengal for the government, at a price of £28 per head, which was £7 less than had been given in 1793. The government was to select 150 from those which might arrive. After much delay the contract was executed in 1803 on the arrival of the Castle of Good Hope, with 307 cows, of which King selected 250. ​ Mr. Campbell had permission to import 4000 gallons of spirits for the domestic use of the officers and inhabitants. He imported 14,631 gallons, although the Marquis of Wellesley had recently issued a very stringent proclamation against unauthorized shipments of spirits from India. Campbell pleaded that as he was a loser by the cattle speculation he ought to be allowed to sell the spirits thus surreptitiously put on board. King enlarged his permission to 8000 gallons, but sent more than 6500 gallons away. He reported the fact to the Marquis of Wellesley with earnest entreaty for "kind interference in preventing such quantities of spirits being sent down here." He told the Secretary of State (May 1803):
"Against great opposition and with much anxiety I had put a stop to the inundation of spirits. Every settler and individual has felt the benefit, and I did hope that by confining the quantity imported to a sufficiency for the inhabitants' domestic use, every comfort and none of the incouveniences would be felt. However, the quantity brought by this ship from India will, I feel, be an inducement to other adventurers, notwithstanding I have refused Mr. Campbell permission to land a part of the spirits brought by his ship, and informed him that not more than 2000 gallons will be allowed to be landed here from any one ship."
He enclosed a copy of his letter to the Governor-General of India, and added: "If spirits are once more suffered to be brought here, the same beggary and ruin will inevitably ensue to those unfortunate people who are now almost rescued from the destructive effects of former importations."
It is necessary to pursue closely the proceedings of Governor King with regard to traffic in spirits for several reasons, some of which concern popular errors respecting the deposition of Governor Bligh in 1808. King was sent to effect a reform, and though he effected it, his labours have been unnoticed by some writers, and he has been accused by others of having created or fostered the evils he repressed. The principal scandal was so completely removed that all reference to misbehaviour of officers, civil or military, was withdrawn from the instructions issued to his successor, Bligh. Merchants were as troublesome as ​ officers. The house of Campbell and Co. "pleaded untruths" to the Governor-General in India. The statements of their partner in Sydney proved that they had done so. "This conduet," King wrote (14th Aug. 1804), "ill accords with the duty a merchant enjoying the protection of a government owes to the local regulations for ensuring the prosperity of the society he lives in, and by whom he lives."
The Governor-General in India, on receiving King's complaints, ordered the re-landing of certain spirits from a vessel in which they had been placed for exportation to Sydney on false representations. In Aug. 1804 King thanked him for the attention thus paid to his remonstrances. In reporting all the facts to Lord Hobart (14th Aug. 1804), King said: "I have no view to injure Mr. Campbell, who I believe in every other circumstance has acted with a becoming propriety, and is deserving of every other encouragement except forcing spirits on the colony."
The devices of importers were numerous. A small vessel, the Fair American, was consigned to Campbell and Co. under American colours, on the pretext of importing cattle, of which "two arrived, but a considerable object was ​ 7203 gallons of spirits." King issued a proclamation (28th May 1804) to the effect that,
"in consequence of the illicit and improper means that have been adopted, and still continue, to import and introduce spirits into this colony (in defiance of His Majesty's instructions, my orders consequent thereon, the proclamation of the Most Noble the Governor-General of the British Territories in the East Indies, and the communications made to the American Consuls . . .) for the purpose of impoverishing on the inhabitants, destroying their health, and subverting the regularity necessary to be observed for the prosperity of the colony . . . all spirits brought from the eastward of the Cape of Good Hope without my permission . . . there shall be paid an additional duty of £5 for every 100 gallons."
Moreover, spirits brought without permission were not to be sold by the importer for more than "six shillings per gallon, including duty of two shillings," with other deductions ad calorem and for wharfage. The vessel, it was hoped, would go to sea after landing her dry goods rather than undergo such charges. But the master pleaded that she was "too rotten." The Governor ordered a survey, the plea was confirmed, and the consignees thus forced one cargo upon the colony, the spirits being sold under the ordinary conditions.
The cases of the Myrtle and the Eagle demand notice. On the 19th Oct. 1804, the Myrtle, having cleared from Bengal for the north-west coast of America, arrived in Sydney, for which place her whole cargo appeared to have been selected. She was consigned to Campbell, and had 7500 gallons of spirits on board. King forbade the landing of the spirits, and as the master was insolent to the guard, a General Order was issued to prevent the master or any one on board from landing without written permission. The naval officer was commanded by the General Order to order the Myrtle to leave "before tomorrow evening, and not to return here again on any pretence whatever." A copy of the order was sent to the Governor-General in India.
​King issued more stringent port-orders, and made a notable example of the way in which he could carry them out. The house of Campbell, besides increasing (from 5000 to 8000 gallons) the quantity which the Governor-General of India permitted them to send in a cattle-transport to Port Dalrymple, caused another vessel, the Eagle, without any permission, to carry 16,000 gallons from Ceylon to Sydney. King sent them, together with the 1500 gallons "in the Sophia, on which he had put the king's mark," back to India. An extraordinary combination was made to oppose this high-handed proceeding; and as more than one of those who conspired at this time to "force spirits upon the colony" became bosom-advisers of Governor Bligh in the events which ended in Bligh's deposition, it is proper to describe who and what one of them was.
George Crossley, after twice standing in the pillory for perjury, was transported to New South Wales for repetition of his crime. The rumour ran, and was believed even amongst his brother criminals, that it was he who, in forging a signature to a will with the hand of a dead man, placed a fly in the mouth of the body, so that he might, though he made a mark with a senseless hand, be able to swear that there was life in the body when the name was affixed. Strange indeed are the contradictions in the human mind when an additional ingredient of villainy could be supposed capable of lessening crime, or securing impunity. That the man was plausible was soon learned by colonists. On the voyage he persuaded the officers of the ship, by means of forged documents, that he and his wife had command of large funds in England. The officers accepted bills for goods. Crossley, on arriving in Sydney, obtained more goods from traders, and set up a shop with the permission of Governor Hunter. King wrote (7th Aug. 1803) to the Secretary of State:
"On my arrival I was surprised to find this well-known character keeping a respectable shop, full of goods, the fate of which all suspected. After being a year in the government I was importuned to give him a conditional emancipation—which I complied with—to enable his creditors to recover from him, or for him to sue for his own debts, which his disability as a convict prevented."
​ Crossley poured forth a strain of gratitude for the "goodness that shall only be forgotten when life itself shall cease, and my future uniformity of conduct shall be such on all occasions as to merit your future approbation." As the man had been subjected to no constraint before the conditional pardon, his creditors thought of no more important result than that of rendering him liable. But he taught them otherwise.
His fraudulent bills were sent back, protested, from London, and by every device of law and of roguery Crossley fought against his dupes. He had bought farms; he had lent money; he pressed the widow for payment. From Mr. Campbell, the merchant, he had obtained sundries to the extent of £1691. Campbell, before the goods arrived, became suspicious, and (1800) petitioned King to cause the goods to be indented, so as to prevent Crossley and his wife from embezzling. Campbell, having sent the bills to England, could not produce his proofs, and King declined to interfere under the circumstances. D'Arcy Wentworth, as agent for English traders, had taken bills from Crossley and his wife for £1886. They were dishonoured. Wentworth took legal measures successfully. Crossley sent in a lengthy memorial, and appealed to the Privy Council. King demanded security that he would prosecute the appeal "within twelve months after his term of transportation" might expire, and pay such costs and damages as might be awarded if the sentence should be confirmed.
Crossley retorted that "to exact such security was contrary to the law of the land." King had no lawyer to advise him, but declared (March 1804) that refusal to give security was sufficient reason for giving full effect to the award. "Yet as I deem it expedient to suspend that part of the award respecting payment to the respondents . . . "I . . . [order the Provost-Marshal to pay to the hands of the Commissary-General all money] "now or that may ​hereafter be in your hands arising from the sale of the said Crossley's effects."
It may seem incredible that the English government would not, if they could, find a lawyer to assist the Governor in performing his duty as the highest local Court of Appeal. The Judge-Advocate Atkins had once been an officer in the army. As he aided Crossley in advising Governor Bligh he may be coupled with him here. When Collins, the first Judge-Advocate, returned to England in 1796, Governor Hunter appointed Atkins temporarily. The Secretary of State appointed Mr. Richard Dore. He, after officiating from the beginning of 1798, died in 1800. Atkins applied for the office. King appointed him temporarily on the ground of his "having heretofore acted," but urged the necessity of good behaviour. Atkins, thanking him, said: "I will not deny that I have often been guilty of intemperance, but I pledge myself to His Excellency that no cause of censure on that head shall reach me in future; but permit me to say, that had the foibles of others been as nearly watched as mine, I should not be the only one to whom that crime might be imputed." But though Atkins was appointed temporarily, King never ceased to urge that professional knowledge was required for the office. He made no special complaint against Atkins, who paid "as much general attention to the duty as any man might do who has not made the law his study and profession," but he deemed it essential that the Judge-Advocate should be a lawyer. Year after year the same application was made by King without result. In 1804, when putting down rebellion and establishing settlements in Van Diemen's Land to keep away the French flag, he told Lord Hobart that he felt it—
"indispensable as well for the benefit of the inhabitants as for a guide to the Governor and to prevent frequency of appeals, that a professional man be appointed, either as Judge-Advocate or Chief-Justice, who can give the Governor (who cannot be supposed to be a lawyer) that conclusive legal information which is so requisite, and who is able to counteract the chicane ​ and litigious conduct of a few transported practisers, who have practised sufficient of the laws of England to know the chicanery and evil purposes a bad man can turn them to."
It is difficult to find an excuse for Lord Hobart for such neglect to do his duty as he displayed if it was possible for him to find such a person as was asked for.
King did not allow the convict-attorneys to plead for others. Crossley no doubt defended himself. Another of the class, Michael Robinson, conditionally emancipated, acted as clerk to the Judge-Advocate and magistrates; but there was no Roll of Attorneys and no Bar in the colony. The ex-convict clerk was in 1802 (General Order) convicted before King in the Appeal Court "of wilful and corrupt perjury, evidently intended to mislead the Governor's decision," and was sentenced by King to seven years' transportation "to Norfolk Island with hard labour."
The convict-attorneys did not love the Governor. His success in stifling the spirit-traffic, and sundry court-martials, made other enemies. In 1805 Crossley assisted Mr. Palmer, acting as agent for Mr. Robert Campbell, on the occasion of the sending away by the Governor of the 16,000 gallons of spirits sought to be improperly landed from the ship Eagle. Palmer endeavoured to resist the order. Crossley, at Palmer's house at the Hawkesbury, drew up a petition praying that the spirits might be landed. King wrote to the Governor-General in India (31st May 1805) that "existing circumstances had placed him under the unpopular necessity" of sending the spirits away, in spite of "every improper and illegal measure taken to invite the settlers to request" the landing.
"Two evils were left to choose: either to obey the king's instructions and send the spirits away at the risk of any opposition, or to yield to the demand under cover of a petition, plunge the inhabitants into every species of crime, and entail debts on the settlers that many years of hard labour would not have extricated them from. Duty and humanity required my choosing the former by hastening the departure of the Eagle, and I respectfully hope that any mensures your Lordship in council may be pleased to direct will prevent the further influx of spirits which interested individuals are so active in sending to this territory from India. In expressing my ​concern for the trouble this subject has occasioned your Lordship in council, I beg to acknowledge the endeavours that have been made by your Lordship's government to prevent the evil His Majesty's service and the public prosperity in these settlements have so much cause to lament."
King implored Lord Hobart to take "more efficient steps" with Mr. Campbell, supposed to be then in England, and took steps in the colony himself. He conceived the petition to be more of a "command than a request."
"However speciously worded, it had for its object the vesting the spirits in the hands or at the command of Mr. Campbell's agents, who were (the deluded settlers were informed) to have retailed it at six shillings a gallon for fresh pork at sixpence a pound, which would infallibly have prevented any exertion in agriculture and been the means of beggaring the settlers. As I conceived this measure highly improper, I hastened the Eagle's departure without allowing one drop to be landed."
King "summoned the magistrates to consider whether the signatures to the petition had been obtained in a proper manner." They thought that under the Bill of Rights every person had a right to petition, and that any irregularity might have "proceeded from ignorance," and recommended the "discharge of the delinquents," which King "concurred with readily," first giving an "admonishing General Order."
On any "supposed or real occasion" an intending petitioner was to communicate with "the nearest magistrate," who was to refer to the Governor, that "immediate attention" might be given, which would "prevent the seditious and ill-disposed going about getting petitions signed by the credulous and unwary for the most destructive purposes." . . . Legal and proper petitions he would decide upon the existing laws of England . . . "as nearly as local circumstances" . . . and the "tranquillity and welfare of the colony" would admit.
"Any petition sanctioned by three magistrates to be signed by more than one person after its subject had been first communicated to the Governor will be received and strictly considered; but any person presuming to go about with petitions otherwise than allowed by law, will incur the pains and penalties provided for on that behalf by the laws of England."
"This measure," the Governor wrote, "had the effect of calming the petitioning settlers, or rather two or three interested people who cared but little for the welfare of those about them, provided their avarice could be gratified at any sacrifice of health, property, and morals. In short, the ​ vessel sailed with her cargo to return to India without any murmur on the occasion."
Another form of the evil it was difficult to arrest. Unlawful stills had long been resorted to. King told the Secretary of State (15th March 1806) that he had from time to time caused several to be destroyed, "and the workers and such proprietors as the facts could be proved on were sent from the colony, agreeable to a colonial regulation on that head." "Some of the most determined United Irishmen" thus fell into his hands. "Some above the labouring class" were concerned in the crime.
"It has occurred to me that the excise laws, as far as respects the fines and penalties for using private stills, might be adopted here with a good effect, but on consulting with the Judge-Advocate on that subject, he thinks the introduction of those laws ought to be sanctioned by His Majesty's government. However much I differ from him, considering this colony and the generality of its inhabitants, and that such regulations would not be repugnant to the laws of England, yet I have forborne that measure until an instruction and opinion may be received thereon. I therefore respectfully request your Lordship's consideration how far the excise laws may be adopted within this territory to remedy those evils which I think cannot be entirely checked without such nieasures being enforced."
Governor Hunter in 1799 issued a General Order forbidding unlawful distilling, and declaring that from free people offending, "every indulgence they may have hitherto received from Government shall be immediately withdrawn, and they shall be ordered to quit the colony by the earliest opportunity." As was his custom, Hunter shrank from giving effect to his order.
In 1805 King peremptorily directed the Provost-Marshal to seek for and destroy stills. Two free-men had been sent out of the colony for infringing the order. The magistrates, with concurrence of Atkins, grew circumspect. In ​Aug. 1805 Atkins, Marsden, and Harris adjudicated in a case at Parramatta. Atkins then conveyed to the Governor his "doubt whether working a private still could be taken up in any other way than a disobedience of colonial regulation."
In republishing Hunter's General Order against the "engines of destruction" King called (Sept. 1805) for "the aid of the officers civil and military, and particularly the magistracy," to assist in suppressing the evil.
In June 1806 he asked Atkins and the magistrates to explain their laxity in carrying out the law. On the 1st July Atkins, Major Johnston, Rev. S. Marsden, Thomas Jamison, Lieut. Abbott, Lieut. Houstoun, and Dr. Harris replied that they had at all times thought it their duty to enforce to the utmost of their power the orders which
"the executive power has issued for the public weal, but at the same time they do not think themselves vested with sufficient authority to send every free person out of the colony for any disobedience of a colonial order, which they conceive would be infringing the power of the Governor; and they further are of opinion that it is a matter of great delicacy for them to pass any judgment on orders issued by the executive authority; that the power of the magistrates extends no further than finding the culprit generally guilty of a breach of Governor Hunter's order of 28th Feb. 1799, and your Excelloncy's subsequent order of Sept. 1805, leaving it to the Governor to inflict the prescribed penalties.
"Thomas Anderson was brought before the Bench charged with disobedience of the orders (aforesaid), which they think is clearly proved, and that he has incurred the penalties prescribed by said orders."
The seven enumerated magistrates signed the report.
The fate of Anderson may be easily surmised. The compromise devised by the magistrates in order to leave the responsibility on the Governor was not one from which the man who had disarmed the military force at Norfolk Island in face of several hundred convicts was likely to shrink.
Many punishments were inflicted in 1806. The sorrows of Joseph Holt, the Irish rebel, previously sent from Sydney to Norfolk Island (for complicity in the rebellion in Sydney in 1804) and the amiable character of his wife, commended him to Mr. Marsden and Mr. Arndell, a brother magistrate. ​A still was seized on his premises. It was condemned, with its produce. Holt was compelled to find security for future good conduct, himself for £200, and two sureties for £100 each. Several others were variously punished for the same offence, Holt having had many accomplices.
By a General Order (11th May) large money rewards to freemen, absolute or conditional pardons to convicts, according to the case, were offered for evidence convicting distillers.
In July 1806 King told the Secretary of State that these measures, with the exertions of the magistrates, had been successful. "This practice, if not got the better of by these means, would have involved the inhabitants in ruin and confusion. As I have detailed my suspicion in the above-cited General Orders, I shall forbear stating some of the known aggressors in those transactions, as their situation and office ought to have precluded them from encouraging such practices."
The manner in which the misstatements of one writer have been accepted by others has made it necessary to follow closely the real events, and by numerous citations of orders and despatches to establish the truth. It is necessary also to show that, though interested persons resisted the Governor's efforts, he found some consolations. The Duke of Portland's approval in 1801 was echoed by Lord Hobart in subsequent years.
In 1803 the improvement in the condition of the settlers in the Parramatta and Hawkesbury districts was so manifest that the Rev. S. Marsden and Mr. Arndell reported it in writing to the Governor. Marsden attributed it to
"the prohibition of so great a quantity of spirits as was formerly dispersed among them, and the great advantage the settlers derive from purchasing from the Government stores with the produce of their farms. Crime has diminished, the idle have become industrious, the drunkard sober, and the thief honest. . . . I have ever observed that the labouring people in the settlement have not so great an aversion to industry as they have a propensity to intoxication. . . . The cause of their present state I conceive to be the prohibition of spirits, and the relief afforded them by His Majesty's stores from the cruel hand of extortion under which they were once so heavily oppressed."
The subject of spirit traffic in the dependencies of New South Wales may be dismissed in a sentence. Neither Collins at Hobart Town, nor the officers in command at ​Norfolk Island, gave loyal assistance, and stringent orders were necessary to compel conformity with the General Orders issued by King. Brief extracts from despatches from King to Piper, the commanding officer at Norfolk Island, will show the control which was exercised.
"I am much concerned to know that, notwithstanding Lt.-Gov. Foveaux's conduct in sending ships away that carried spirits from hence to Norfolk Island which did not produce letters from me and my directions to him, you permitted Boston, the supercargo of the Union (American), to dispose of the spirits he was not allowed to sell here. . . . It is therefore my positive order that, when any vessel touches at Norfolk Island from hence, no intercourse whatever, otherwise than relieving their distresses, be had with such ship or vessel unless the master produces letters from the Governor of this settlement."
This was in Jan. 1805. Four months afterwards, when more facts were known, Piper was again censured for having allowed Mr. Boston to exact nineteen shillings a gallon, though for what he had been permitted to sell in Sydney he had been satisfied with nine. King republished his general orders for prohibition or control of spirit-traffic and sent them to Piper.
If the power of the Governor was great, so was his responsibility; and King, like Phillip, was doomed to feel quam arduum quam subjectum fortunæ, regendi cuncta onus.
One of King's early acts proved that he would not shrink from asserting the control of the law in New South Wales. He superseded Hunter on the 28th Sept. 1800, and on the 2nd Oct. a general order referring to convicts directed employers to bring before the magistrates all cases of misconduct by their assigned servants. But the privilege of striking a servant was not willingly abandoned. On the 26th Nov. 1800 a general order announced that it had been represented to the Governor that
​ For a time the offence in question caused no public stir. But the war which King waged against the spirit traffic and extortion made enemies. The New South Wales Corps contained officers as irascible as King. They frequently quarrelled amongst themselves, and we find that there was an impression on the officers' minds that they were at liberty to refuse being tried by court-martial in the colony." Consequently, before King's assumption of office, Major Johnston had been ordered to England to be tried upon an accusation made by Colonel Paterson. The Commander-in-Chief denounced the impression of the officers as utterly wrong. Major Johnston was sent back to Sydney under arrest, and King was advised by Lord Hobart to reconcile the quarrellers and release Johnston. By a general order he notified that "the most honourable reconciliation had taken place in his presence" at Government House.
There were other quarrels, but the most significant involved John Macarthur. Angry at the new order of things introduced by King, he offered the whole of his stock and farm to the Government. Soon afterwards Colonel Foveaux, who had been appointed Lt.-Gov. of Norfolk Island, offered his sheep, also, to the Government, and King (Aug. 1801) referred the question for the approval of the Secretary of State. Before the offer reached England John Macarthur's active mind had planned new schemes. He bought Foveaux's large flock of sheep, before King knew that he was in treaty for it. Lord Hobart (24th Feb. 1803) considered Foveaux's conduct in selling his flock while it was under offer to the Government "highly censurable."
One Lieut. Marshall, R.N., arrived in June 1801 as agent for transports in a convict ship. He was tried before the Criminal Court (the Judge Advocate and six military officers) in Sydney for assaulting Captain Abbott of the New South Wales Corps, and was sentenced to a fine of £50, and a year's imprisonment. He appealed to the Governor against what he called illegal and informal proceedings of the court. He was charged also with assaulting Captain ​Macarthur, and a special verdict was found. King referred Marshall's allegations to the court, but they would not inquire into them. King re-convened the court, and they adhered to their previous determination. King remitted the fine and imprisonment, conditionally on Marshall's delivering himself up to the Secretary of State within fourteen days of arriving in England, to abide by such directions as might be there given. The decision of the Secretary of State was not received until late in 1803. It stated that King was misled in re-convening the court, which was justified in its conduct. Though the sentence was confirmed, yet "as the period of Lieut. Marshall's imprisonment has expired, and as he has complied with the terms of his recognizance, His Majesty has been pleased to consent that the fine imposed upon him shall be remitted."
The officers were in such ill-humour at Marshall's departure that many of them resolved to insult the Governor. Colonel Paterson showed no favour to their resolution. Macarthur, ever impetuous, quarrelled with Paterson, who "exacted satisfaction" in a duel in which Paterson was dangerously wounded (Sept. 1801). Macarthur and his second, Piper, and McKellar, the second of Paterson, were put under military arrest until the result of the wound might be known. When Paterson's life was out of danger Macarthur was ordered to embark for service at Norfolk Island. On the 21st Sept. it was ordered that the arrested officers should be released on bail, giving security to appear before the Criminal Court in case of Paterson's death from the wound. All four were to enter into recognizances to keep the peace. Paterson, Piper, and McKellar entered into recognizances, but Macarthur refused to give security, would not quit his arrest, and demanded a court-martial. Another General Order (23rd Sept.) declared:
​ And the indignant Macarthur in due time went to England, and was therefore absent from the colony during the stirring time of the insurrection of 1804. He sailed by way of India. McKellar was sent with Macarthur's sword, and with despatches, by another conveyance. Paterson and King considered that McKellar's testimony would be required in England.
There was a court-martial on Piper on a charge of breaking his word of honour by coming out of arrest under the order of 21st Sept. and not keeping his word afterwards. The court, composed of his brother-officers, acquitted him. King asked for their reasons, which they declined to give. King told the Secretary of State that, being himself prosecutor, he would decide nothing in such a case, but submitted it for His Majesty's consideration, "confident of experiencing that justice which may be deemed admissible in support of the situation I have the honour to hold." The Judge-Advocate-General (Dec. 1802) replied that as the court had adhered to its decision, Piper was entitled to the benefit of acquittal." His Majesty did not doubt that the "decision was the result of an impartial judgment,' but as no ground was stated for it, could only gather that a letter of apology from Piper, and his being allowed to do duty in the regiment, had influenced the court. His Majesty thought it proper that this should be understood, as there was very little doubt upon the whole that a part of Captain Piper's conduct was open to blame, nor did the line of defence which he adopted seem calculated to help his cause. His Majesty's decision was to be communicated to all the military, but was not directed to be "declared in Public Orders." Distance weakened the arm of the War Office, or it is improbable that it would have issued a decision calculated to palsy authority in the colony, and which, being kept from public view, lost any virtue contained in the implied censure of the verdict of the court.
Insubordination against the civil authority and partiality of the officers to their own corps were fomented by the course adopted. Macarthur wrote from England to congratulate Piper (9th Nov. 1803) on the fact that the "tyrant has not been able to fix his fangs upon you." In the same letter he animadverted upon McKellar as an ​ "apostate;" and, apparently ignorant of the kindly feeling entertained by Governor King for Barrallier, attributed the misfortunes of the latter to King's enmity, and pledged himself, therefore, to be Barrallier's friend. He hoped to be the bearer in 1804 of tidings of a new Governor, if indeed he should not accompany him to Sydney. He told Piper that he was "up to the ears in papers for carrying on the war against our common enemy." He failed. The despatches of King convinced Lord Camden that the Governor was the right man for his post, and though writers unacquainted with the truth have assailed King as a weak man, the facts still speak in his justification. Macarthur himself was less fortunate at the Horse Guards than his friend Piper, although King was blamed for sending him to England. The War Office did not wait for the arrival of McKellar, or for further information, but considered King ill-judged in sending Macarthur to England, and ordered that Macarthur should be remanded to Sydney (released from arrest), the Commander-in-Chief conceiving that "in consequence of the difficulty which occurs in the assembling of a court-martial," for the trial, "Governor King will not be desirous to bring the charges against Captain Macarthur before a military tribunal." The Commander-in-Chief thus practically admitted, as King had urged, that it was futile to try Macarthur in Sydney. The Secretary of State blamed King for sending him to England. The case was of sufficient importance to necessitate a new General Order in England. The Commander-in-Chief (1st Feb. 1804) made it known" in consequence of recent occurrences"—that the practice of sending from "foreign stations officers with articles of accusation pending against them, without the same having been duly investigated, is detrimental to the king's service, and except in cases of the most urgent necessity should be avoided." It might relieve the local commanders from embarrassment, but seldom failed to transfer them with increased difficulties to head-quarters."
"His Royal Highness judges it expedient to take this opportunity of controverting an erroneous opinion, that an officer who has been put under an arrest has a right, as it is termed, to demand a court-martial on himself, and may persist in considering himself still under the restraint of such an arrest although publicly released therefrom by the superior officer who ​imposed it; whereas the fact is that a superior officer is invested with a discretionary power of liberating as well as of arresting, and of requiring that the officer so liberated do return to the exercise of his duty as before; neither can an officer insist upon a trial unless a charge is preferred against him. It by no means follows that an officer conceiving himself to have been wrongfully put in arrest, or otherwise aggrieved is without remedy. A complaint is afterwards open to him, if preferred in a proper manner, for which provision is made by a special article of war."
The officers of the army had perhaps hoped that an arrest imposed by a naval governor would not have been upheld at the Horse Guards. As the order supported the Governor's authority, and as Macarthur was devoted to his project of rendering England independent of the European continent in procuring fine wool, he shook off his martial fetters, obtained permission to leave the army, and submitted his plans to the Privy Council. With regard to the sending home of Macarthur, Lord Hobart (24th Feb. 1803) iterated the blame thrown by the Commander-in-Chief upon the Governor for want of judgment.
"I very much lament that you should have formed the resolution of sending Captain Macarthur to this country for trial for an offence committed within your government, where alone all the necessary witnesses for the prosecution and defence could be found. It is too evident that the dissensions which have unhappily prevailed in the colony, to so great an extent as to materially impede and prejudice the public service, have been in a great measure occasioned by the irregular behaviour of some of the officers of the New South Wales Corps; but as every officer is, in his military character, amenable for his conduct to the control of his superior, and in like manner responsible in his civil capacity to the authority of the civil power, I must expect a due exertion of that authority on the part of those to whom it is entrusted for the maintenance of discipline and subordination in every description of persons in the settlement."
He enclosed a copy of the Military Order made in consequence of the transaction, and added—"You are now furnished with a rule which will preclude you from feeling any difficulty how to act."
​King replied (1st March 1804) that he "observed" Lord Hobart's sentiments and those of the Commander-in-Chief
"with that respect which a life so far spent, and I hope may add usefully and honourably devoted to His Majesty's service, tells me it is my duty to receive with all becoming humility; still I cannot but regret the almost certain misfortune that has prevented my having an officer (Lieut. McKellar) in England to contradict such assertions . . . and to have stated such circumstances as exceeded the bounds of a correspondence. I shall not trespass further on your lordship on this head than to represent that every means which could be exerted to bring Captain Macarthur to a sense of his civil and military duty was tried and failed before I determined on sending him to England-except trying him by a court-martial composed of five officers belonging to his corps, who had espoused his quarrel against the Governor and his commanding officer. From such a tribunal what the result would have been was too evident. . . . I indulge the idea of experiencing that support which my conscience tells me my rectitude and conduct may encourage me in the hope of receiving."
A singular accident frustrated the safe conveyance of the first copy of King's despatches; but furnished no excuse for a decision in their absence. Lieut. Grant, found incompetent to act as naval surveyor in the Lady Nelson, resigned and went to England on leave. He took charge of King's despatches concerning Paterson and Macarthur, and the sending home of the latter under arrest. He sailed from Sydney in a prize which had been captured by a whaler on the coast of Peru, and condemned and sold in Sydney. In her he carried letters to the naval Commander-in-Chief at the Cape of Good Hope, who was requested by King to give Grant a passage thence in a king's ship to England. King advised the government by another vessel that Grant carried the despatches. Copies were also sent by McKellar, who took Macarthur's sword. When Grant arrived in England he had lost the despatches. King spoke of them to Lord Hobart (9th May 1803) as "shamefully, I may say villainously lost." ​ Col. Paterson's position was anomalous. He had given offence by his presumed leaning to the civil authority.
The French exploring ships were in Sydney in 1802, and the officers of the New South Wales Corps were hurt by the necessity which fell upon one of them (after inquiry) to apologize in writing for disrespectful remarks about the French. It had been insinuated that the officers had sold spirits. Baudin demanded inquiry. If any officers had erred he would make an example of them. If not, "Je réclamerai votre justice pour que celui qui les a calomniés auprès de Col. Paterson et de vous soit tenu à des réparations."
Captain Baudin communicated the apology to his officers; they drew up a reply transmitted by Baudin to King. "Ils ont vu avec plaisir que Monsieur Kemp n'a jamais eu l'intention de porter atteinte à leur honneur. Ils en reçoivent l'assurance, parce qu'il entre dans leur principes de ne jamais douter de la vérité d'un officier." They would have been glad if he had, "connoissant mieux la delicatesse des officiers," not repeated the words, "d'un homme obscur qui ne fussent jamais parvenir ni à Mr. le Gouverneur ni à nous s'ils n'eurent passés par une bouche qui devoit leur donner de la vraisemblance."
To be foiled and to be overcome by politeness was discomforting to the New South Wales Corps, and the fact that King had given Baudin the opportunity of refuting the unjust reports rendered him obnoxious to those who had to apologize.
Col. Paterson, unwilling to take responsibility, had assembled the officers to consider the charge against Kemp, and vainly urged King to convene a meeting of all civil and military officers. A court-martial, designed to injure Dr. Harris of the New South Wales Corps, sprang from the occurrence. He had assisted King in repressing spirit-traffic, and was appointed to the post of Naval Officer, in which service could be rendered in preventing unlawful ​landing of spirits. He shared the obloquy attached to doing his duty strictly. The court-martial was to decide whether Dr. Harris or Adjutant Minchin had acted with candour or told the truth.
Harris was honourably acquitted, without being called upon to defend himself. King approved the sentence. Minchin was acquitted also, and King submitted the verdict for His Majesty's consideration. Settlers petitioned that Harris might be reinstated as a magistrate, and his recent prosecutor, Col. Paterson, supported them. Both the verdicts were confirmed in England.
Ensign Bayley fomented disaffection at the time of the duel between Paterson and Macarthur. In Jan. 1802 he was tried by court-martial "for disobeying an order of his Colonel to attend a meeting of civil and military officers at the Governor's;" and in Feb. 1802 "for disobedience of a General Order of 26th Dec. 1800, by repeatedly beating and horsewhipping his convict servant." For the first offence he was adjudged to be reprimanded by the Governor; for the second, to be suspended from rank and pay for three months.
When Captain Kemp was compelled to apologize to the French officers, Paterson took a step which was meant to embarrass the Governor. It was known that the Irish prisoners were ever on the alert to riot or rebel, and it was thought that the Governor, in fear of losing some assistance afforded by the officers, would yield to their demands rather than lose their services.
​Paterson threw his lot in with the disaffected. He discovered that by the instructions of the Commander-in-Chief, officers were "not permitted on any account whatever to engage in the cultivation of farms, or any other occupation to detach them from their military duty. Ensign Barrallier could therefore serve no longer as Military and Civil Engineer and Artillery Officer. Dr. Harris could not act as Naval Officer. It was hoped that King's necessities would humble him. But by a General Order (9th Oct. 1802) he paid high compliments to Barrallier and Harris, and dispensed with their valuable services "in deference to Colonel Paterson's idea of the instruction" quoted.
Paymaster Cox, as a magistrate, received certain advantages. King, unasked, dispensed with the services of Cox, he being "precisely in the same situation" as Barrallier and Harris:
"And as the Governor finds it necessary to anticipate any interpretation of His Royal Highness the Commander-in-Chief's instructions to Lt.-Colonel Paterson, he dispenses with the attendance of the corporal and four privates of the New South Wales Corps acting as a guard to the Governor when travelling, and requests that Lt. Colonel Paterson will order his thanks to be given to them for their attachment and alacrity. The Governor as Commander-in-Chief of this territory directs that no officer or soldier in the territory be employed on any other than their military duty, except the Governor's orderly sergeant and an orderly private at Parramatta."
Three days after the publication of this Order another appeared, granting provisional conditional pardons to "five prisoners of good character, who are to be mounted, and serve as a body-guard for the Governor."
The cup of disappointment was not yet full. It was firmly believed that no officer would be found to assist the deserted Governor; but the belief was turned to dismay. Lieut. Bellasis, in a duel in India, killed his antagonist. The Fly cruiser was despatched for the sole purpose of conveying him to Sydney, whither he was transported for fourteen years. His wife and children accompanied him, and a memorial signed by the principal residents "at Bombay, and the heads of corps serving in that Presidency, and other stations," was sent to influence King in his ​ favour. It was testified that he had been a gallant officer, and had fought at the taking of Seringapatam. King gave him a pardon "conditional on his not leaving the colony," and availed himself of his services in teaching "the use of our few cannon.' He had previously forwarded (1st March 1802) a petition for the king's clemency, respectfully supporting it himself."
Duelling was not in those days socially reprehended; and, if it had been, the New South Wales Corps could hardly have ostracised a stranger for it, when their own colonel had recently fought with one of his captains.
Bellasis was kindly received in Sydney. Two days after appointing his body-guard, the Governor notified that he had appointed Mr. G. B. Bellasis "to be a lieutenant of artillery, and to rank as such in this colony, being charged with the inspection and direction of the batteries and cannon in this settlement; and also as commandant of the Governor's body-guard of cavalry." The Governor was independent of the New South Wales Corps, and finding this to be the case, the defeated Paterson permitted Ensign Barrallier to be King's aide-de-camp.
​ But the quarrelsome propensities of the corps did not die out in 1802. Lieut. Hobby and Ensign Bayley were severally tried by court-martial in Feb. 1803.
Although at that time the seditious behaviour of Irish convicts at the Hawkesbury required two officers and fifteen men to be detached to strengthen the guard there, the hearts of the corps were implacable. Captain Kemp was before the court. Dr. Harris officiated as Military Deputy Judge-Advocate and was prosecuting for the Crown. The court put Harris under arrest when the prisoner was commencing his defence. At the request of Major Johnston, King ordered a court-martial upon Harris, but he declined to appoint another Judge-Advocate to finish the trial of Kemp (although pressed to do so) until he had, by public General Order, summoned, under his commission, to his aid and assistance, Col. Paterson; Captn. Kent, of H.M.S. Buffalo; Atkins, Deputy Judge-Advocate of the colony; Palmer, the Commissary-General; the Rev. S. Marsden; and Jamison, the Acting Principal Surgeon, to advise with him. Finding the majority opposed to his views, and not willing to detain His Majesty's ships, or call in officers from out-stations, King yielded to the majority, and appointed Atkins Deputy Judge-Advocate for the remainder of the court-martial upon Kemp. The charge against Harris broke down.
The courts-martial being concluded, King, on the ground of his being prosecutor, referred to England the decision upon some of the sentences, one of which related to Ensign. Bayley, charged with striking a convict. The court had refused to inquire into the facts. Pending His Majesty's pleasure on this avoidance, King ordered Bayley to return to his duty. Meantime he devised a method to protect the convicts. Finding himself trifled with by courts-martial, he removed their jurisdiction by a General Order. He suspended (8th March 1803) so much of the local Orders as caused military persons, beating their assigned servants, to be tried by court-martial.
But persons of every description within this territory and its dependencies can have redress for assaults and every other misdemeanour by action or indictment before the Civil or Criminal Courts to which they will in future resort. And it is to be clearly understood that any persons ​ whatever proved to have beaten the convicts assigned to them, instead of having recourse to the magistrates, will be deprived of that accommodation in future."
The power of granting assigned servants rested wholly with the Governor, and it placed at his mercy any Bobadils of the corps who thought to show their valour by striking their servants, and nevertheless wished to retain their services. Writing to Lord Hobart (9th May 1803) King said:
"I am also much concerned to state that, notwithstanding Ensign Bayley has been once tried by a general court-martial for having . . . beaten and ill-treated the convict whose labour was assigned to him, instead of taking the prescribed steps for his punishment by the magistrates, he has since thought proper to repeat those acts . . .On the third offence I was compelled to try him. The court refused to take cognizance of it, and although the facts would have been clearly established, even from his own confession, yet, as no investigation was made, the nature of the sentence requires me to transmit the proceedings of that court-martial also to the Judge-Advocate-General for His Majesty's decision."
In a military letter of the same date the irate Governor alluded to the dissemination of "anonymous seditious papers," when from illness his "existence was doubtful." It was owing to the disappointment and "concealed revenge of those who felt themselves aggrieved by the different orders and restrictions" imposed by him to "bring about regularity."
"Conscious as I was of my integrity, and having a thorough contempt for the assassin's blow, I should have passed over any number of similar attacks that such concealed villainy could have suggested with the scorn and contempt they merit, had they not been circulated by those who ought to have maintained a very different conduct; but as I saw officers publishing those infamous papers, the duty I owe to His Majesty's service, the public, and myself, required that I should bring those officers to a public account for having so industriously disseminated those papers. . . . I had no other mode of noticing these officers' conduct than by trying them by a general court-martial, which made it necessary for me to prosecute. Issuing the warrants, my presence as prosecutor could not be admitted. That anthority I delegated to the surgeon of the corps (Harris), who has generally officiated as Deputy-Judge Advocate. Judge, my Lord, how far I ought to expect impartiality when those officers were tried by others of their own corps, and although I did not nominate three officers, in conformity to His Royal Highness the Commander-in-Chief's intimation of excluding such officers as might be suspected of partiality, yet certainly a Governor has very little chance of justice where he is so situated,—having only one corps, and but a sufficiency of officers to sit on a court-martial, and being unable to manage the prosecution in person."
In a separate despatch (of the same date) he reminded Lord Hobart that that nobleman had already favourably ​ received his proposal that there should be an admixture of civil with military and naval officers in the composition of the Criminal Court. He urged that there were in the colony many respectable gentlemen, civilians and merchants, "who have never been under the sentence of the law, and in that case I humbly presume that justice may be more impartially dispensed by a mixture of members than being confined to one professional class of people, which generally consists of military officers alone, many of whom are very young men.
The Governor was not without consolation. At this time Marsden and Arndell testified to the improvement in the community in consequence of King's remedial measures; the former declaring that crime had diminished, the drunkard had become honest, and the thief reclaimed. When slanders were circulated many settlers presented addresses to counteract the virulence with which (King wrote) "the hitherto unknown, but not unsuspected agents of darkness, monopoly, extortion, and oppression, were assassinating me by anonymous attempts too contemptible to notice but for the attendant circumstances which your Lordship is possessed of."
Dr. Harris, surgeon of the corps, was ever loyal. When Bayley showed to him and Surgeon Jamison one of the libels (called at the time "pipes"), Harris, rough and outspoken, said, "The author is a lying scoundrel, and it does not contain a word of truth." The three rode to Major Johnston's house. Johnston, always manly, "exhibited (to use his own language) the pipe" to Colonel Paterson, Rev. S. Marsden, and Atkins. Exposure robbed it of power for mischief.
On the whole Johnston appears to have exercised a sobering influence over the worst spirits in the regiment. An anonymous libel being circulated in 1805, the inhabitants, including officers, immediately subscribed £116 to prosecute "the incendiary author" to conviction. On the 6th July, 1806, Johnston announced that a paper of "most seditious and mutinous tendency" had been placed in his hands by a man, who said he found it near the barracks. It made false imputations against "soldiers of the New South Wales Corps under my command." He offered ​ £100, and the Governor offered a like sum, for conviction of the writer.
On the 9th May, 1803, King told Lord Hobart that he was "perfectly satisfied with the daily, weekly, monthly, and yearly testimonies of gratitude received from every description of colonists." With regard to the officers of the New South Wales Corps who were opposed to him, he did not choose "to seek that personal reparation from those who have used every means to provoke it, and which nothing but the high sense I have of the important trust committed to me has prevented." He humbly solicited that a civil, military, and naval commission might inquire into the whole of his conduct. His public and private acts he was ready to submit. "But in case any consideration should render this request inadmissible, I humbly implore your Lordship's procuring me His Majesty's leave of absence to enable me to submit my conduct to your Lordship's consideration."
Had such a request reached Mr. Dundas, he would either have supported the Governor boldly, or granted his request, or superseded him. Lord Hobart took no such intelligible course. Even ridiculous decisions of the courts-martial were left undisturbed by the Judge-Advocate-General, Sir Charles Morgan, though their absurdity was thus pointed out by himself: "In this case (Ensign Bayley accused of striking a convict), by some unaccountable error, the court-martial, after declaring, perhaps properly, that the charge was not within their cognizance, immediately, and, if I may so express it, in the same breath, therefore most honourably acquit him."
Nevertheless, the acquittals were conclusive. His Majesty must not, however, be supposed to concur with the courts-martial, nor even with the Governor; "but, for the sake of harmony, His Majesty chooses rather to pass over any seeming irregularity in the proceedings, and to recommend to all parties concerned that they will consign to oblivion, if it be possible, all that has passed, and His Majesty trusts that you will yourself herein set a laudable example."
Sir C. Morgan had been asked to decide whether an emancipated convict was by a pardon so far purged and ​ restored to credit as to become a competent witness. He could hardly deny that evidence of such a kind was admissible, although the officers had excluded it; but added that if called upon to sit in a court-martial, he would incline to administer the oath to such a witness, receiving his testimony with caution, and if opposed by contrary evidence, perhaps with a considerable degree of diffidence. (It is especially to be remembered that Sir C. Morgan, in his letter to King, saw nothing to condemn in the act of the court-martial in arresting the Judge-Advocate of the court during the trial. It will be seen that, in 1808, for a much less bold procedure, Governor Bligh summoned the whole of the officers of a court-martial before him for "certain crimes.") Lord Hobart was still less inclined to console the Governor struggling against wrong-doers. He expressed (30th Nov. 1803) his "very great satisfaction" at the general progress of the colony.
"At the same time I must not conceal from you that the gratification I experience from this satisfactory view of the situation of the colony is in a great degree alloyed by the unfortunate differences which have so long subsisted between you and the military officers of the colony, and which I am sorry to observe have latterly extended to the Commander of H.M.S. Glatton,"
King's application for permission to return to Europe would be complied with as soon as a "person competent to exercise the duties" of Governor "free from the operation of the spirit of party" could be found.
The allusion to H.M.S. Glatton was cruelly unjust. Her commander had joined in 1803 in aspersing King to the Home Government, but Lord Hobart should himself have undergone persecution rather than use so vile an instrument in rebuking King. H.M.S. Glatton, with 270 male and 130 female convicts, arrived in Sydney in March 1803, when the courts-martial were behaving as already described. On board, Captain Colnett (senior officer to the Governor in the navy) had two lieutenants and the commanding officer of marines under arrest on his arrival. There were some quarrels on board at Sydney, where many of the convicts were allowed to remain to assist in unloading and reloading the ship. A soldier, the son of Sergeant Whittle of the New South Wales Corps, was struck by an officer of ​ the Glatton. Whittle threatened to cut off the ears of the officer who had struck his son. The officer complained to Colnett, who complained to King. The military and naval authorities could not agree as to an inquiry. A soldier could not be tried on board for words said on parade, and the insulted officer was not satisfied to let the sergeant be dealt with by his commanding officer. These things were reported to England as an insult to the dignity of the commander of the Glatton, but his indignation and reports were due to a very different matter, which deserves mention, as an instance of the duties in performing which a Governor made enemies on land and sea.
Before Captain Colnett left England he interested himself to obtain remission of sentence for a female convict placed on board the Glatton. He was informed that it was too late to do anything in England, but that the Governor would be written to, "to remit part or all of the sentence of this female convict on whose behalf you have interested yourself, when she has remained at New South Wales twelve months. . . . If you like you may show him this letter." In effect the Governor received a letter from a subordinate at Whitehall, hoping that he would do what he could, "consistently with your duty, without being biased or swayed by any personal motive." After the Glatton had been some weeks in Sydney, Colnett wrote to King. He had been
"sensible ever since my arrival of your politeness and inclination to comply with any request of mine." . . . "I am sure you will pardon me by petitioning you to grant her (M.S.) emancipation and permission to return in the Glatton. I am not so ignorant of the favour I solicit as not to remember it with the warmest friendship; if necessary to be kept a secret, you may rely I will not divulge it till we quit the Cove."
King told him verbally that he could not grant a free pardon to a convict who had never landed; and that Governor Hunter had been rebuked for granting a conditional pardon on the arrival of a convict. Colnett urged that he had promised "that she should return in the ​Glatton." "All difficulties would be obviated . . . you granting her
"conditional emancipation to return to England on my finding bond; if it is not approved, I will return her again to the colony at my own expense. I think this is a duty I owe for the secret services she rendered me relating to the convicts, &c., during the passage. Should she return I will take care that she does not go back to her friends till your release is backed and approved."
King replied (17th April) that he could lawfully
"alter a sentence, but as I candidly explained to you two days ago, granting a free pardon to a person who had not been resident here twelve months is what I dare not do, without subjecting myself to ruin and my family to distress, by acting contrary to positive instructions. . . . If you will write me officially that she has brought forward any conspiracies, &c., on the voyage I will give her a conditional emancipation on landing, or give her a conditional emancipation on the 4th June (the King's birthday) if she behaves well."
Colnett would not risk making an official declaration of such a nature, and went away in a rage, threatening to represent to the Admiralty as the ill-treatment he had ​received with regard to the complaints of his officer. Official relations were continued with apparent concord. His officers sat on boards with those of the colony in naval affairs. At King's request he allowed two of them to remain in the colony to assist in forming a new settlement. He carried Flinders' charts to the Admiralty for King, who said it was "the first safe opportunity" he had had. But on the day of his leaving, Colnett's wrath was great at the loss of his Briseis, for he wrote to King that by the Admiralty he "always had the honour of being treated like a captain of one of His Majesty's ships, and not as a master of a petty coaster. It was on the report of such a man that Lord Hobart founded his unjust rebuke.
King kept unfaltering on his way. In Dec. 1804 he called Lord Hobart's attention to the appearance, in a list of pardons, of a free pardon to a female convict sentenced for life. It was
"given in conformity to my promise to the commander of H.M.S. Glatton, after her being here one year, and nothing but a respect for my word induced me to extend that indulgence to the object benefited by it. Had I, my Lord, abused the authority delegated to His Majesty's Governor of this territory by granting Captain Colnett a free pardon for this woman before she landed, for the purpose of returning to England with him, and bad acquiesced in other requisitions equally, if not more, extravagant and opposite to the dictates of my bounden duty, your Lordship and the Lords Commissioners of the Admiralty would not have been troubled with any communication from Captain Colnett respecting his unprovoked and provoking conduct."
​Repeatedly the Governor pressed upon Lord Hobart the urgent need of remodelling the Courts of Judicature. Lord Hobart vaguely lauded the Governor's views, but did nothing to give them effect. In August 1803 King devoted what he labelled as a "Separate, Judge's Letter" to the subject.
The Civil Court was composed of the Judge-Advocate and two persons chosen by lot from the officers, civil and military, and respectable free men. In practice it had consisted of the Judge-Advocate, a military officer, and a civilian or the naval officer. King said it was obvious that, "however a sense of equity may be implanted in every man's breast, . . . there is very little probability of a soldier, sailor, or surgeon having ever made the law so much their study as to be equal to judge entirely for themselves in giving a verdict without the advice of the Judge-Advocate. This would be attended with no great evil if the Judge-Advocate (Atkins) had a competent knowledge of the law, and it had made a part of his education, which would give greater confidence to the parties, the members, and the Governor, in cases of appeal." The Governor
"either as a soldier or sailor (I speak for myself), cannot be supposed to have made the law his study, and must consequently need that information and advice which could only be given by a person who has made that profession some part of his study, and has no occasion to tumble over volume after volume (and perhaps in doubt at last) for what ought to require but little examination."
From Atkins and his colleagues "there has scarce been a cause without an appeal, which takes up too much of the Governor's time." He trusted he had "in no instance departed from the dictates of equity between man and man, although I certainly might have derived much benefit from the advice of a professional man as Judge-Advocate." He adverted to the characters of Crossley, the convict attorney, and of another convict attorney, whom Governor Hunter had conditionally pardoned on his arrival, and made clerk to the Judge-Advocate. The man committed so palpable a perjury in the Appeal Court, that King, as Judge,
​The constitution of the Criminal Court needed revision.
"To propose a promiscuous, or indeed a restricted, selection of jurymen from among the present inhabitants, exclusive of officers, does not appear at all advisable, although I have no doubt that in twenty or thirty years that extension of English jurisprudence must be necessarily carried that far. . . . At present a Criminal Court consists of the Judge-Advocate and six officers of His Majesty's sea or land forces, who act both as judge and jury, most certainly the wisest mode for administering justice in the very infant state of the colony. But as it has increased in numbers and jarring interests have (as in every other part of the world) shown the necessity of those trials being composed of different orders, I humbly presume it would be advisable, instead of the Judge-Advocate and six officers of His Majesty's sea or land forces, to introduce into the patent the Judge-Advocate and six members to be composed from among the officers of His Majesty's sea and land forces, officers of the civil department, or respectable merchants, or other inhabitants who came to the colony free. . . . As our Criminal Courts, that are to decide on the life of His Majesty's subjects, are at present composed entirely of one description of persons, it certainly will be more satisfactory to the inhabitants and colony at large to see every advance towards complete Trial by Jury. The arrangement I have the honour to propose would be gratefully received, and I humbly conceive that the knowledge and abilities of a professional man will be thought as necessary for the president of the Criminal Court, which has to decide on the life of the subject, as for the same person who, in the Civil Court, has to decide on his property."
To prove the necessity of having a professional president, and some admixture in the composition of the court, he cited a recent case, in which an assistant-surgeon applied for a court-martial upon the principal surgeon for assault. King declined to grant it, alleging that the matter might be tried in the ordinary court as an offence against statute. The complainant brought his case into a Criminal Court composed of officers of the New South Wales Corps. The prosecutor's witness proved that the prosecutor was the aggressor. The defendant proved that he acted in self-defence. The court acquitted the defendant, and without any reason assigned sentenced him to find security to keep the peace for three years, or be committed to gaol.
"So extraordinary a sentence being attached to a committal, where the accused ought to have been the prosecutor, would have been sufficient grounds for me to have extended the powers delegated to me by exonerating Mr. Jamison, which I did not choose to do." . . . "But it has operated with me as a very sufficient reason for thus respectfully suggesting the necessity of a professional man being placed here as Judge-Advocate, ​and the members of the Criminal Court being composed of other descriptions than the military officers. I most humbly submit the whole matter to your Lordship's consideration as being much connected with the prosperity of His Majesty's subjects in this territory, which they as well as myself are well convinced your Lordship has much at heart."
The appeal to Lord Hobart was unsuccessful; and Lord Camden, who (17th May 1804) announced that he had been entrusted "with the seals of the Colonial Department," like Lord Hobart, did nothing to improve the Courts in New South Wales. Unlike Lord Hobart, however, he did not found an undeserved rebuke upon the statements of such men as Captain Colnett, whose grievance was that King had done his duty. Lord Castlereagh, his successor, was as complimentary as Lord Camden, but neither of them was alive to the importance of improving the Colonial Courts.
After dwelling upon the dissensions of the soldiery and the Governor, it is desirable to turn to a subject with regard to which a common loyalty, and perhaps a common danger, united them as one man. Collins, in his history, notices that the Irish prisoners caused peculiar troubles. Their tempers caused them to combine, not only as prisoners under constraint, but as conspirators banded against government by Saxons. Many of the disturbers known in Ireland as Defenders were sent to New South Wales in 1794. Between two and three hundred Irish prisoners were poured into the colony after the rising in Ireland in 1798, and nearly five hundred were in the settlement in 1800.
One of the first despatches written by King (Sept. 1800) told that Hunter had encountered a troublesome spirit amongst them. One Harold, an illiterate Roman Catholic priest, a convict, was suspected of fomenting it. Pardons were offered by Hunter "to those who had been deluded," but "none took advantage" of the offer. Hunter, after obtaining evidence before a committee of civil and military officers, with the assistance of King as Lt.-Governor, determined to embody an Armed Association to assist the military in case of need. In order to govern by dividing, the suspected ringleaders were sent to Norfolk Island. King secured the barracks in Sydney against surprise, and wrote:—"I have the fullest confidence in the loyalty and ​ zeal of His Majesty's officers, soldiers, and the greater part of the inhabitants;" but he begged that "the officers now going home with Governor Hunter may be ordered to rejoin as soon as possible," as it might be necessary still more to divide the seditious by forming a new settlement at Port Stephens, or elsewhere, and the scant number of officers would need to be enlarged. Hunter shrank from some of the vigorous measures advocated by King. While Governor, he urged upon the latter that the "best mode of preventing insurrection is by vigilance." He augured ill from the imprisonment of the suspected. It might "rouse the ignorant to violence." He consented to the enrolment of the Volunteer Association, but even after he had embarked upon the Buffalo he expressed his doubts of the infernal plots with which those people have been charged."
Captain Macarthur, disgusted as he was with the new order established by King, loyally supported him even while proffering his property to the government so that he might shake the dust of the colony from his feet. He was still in trust at Parramatta, and wrote to King (28th Sept. 1800) at 2 a.m. that he had his company under arms, had arrested some prisoners, "and I have yet some hopes that an attempt will be made before morning to rescue them; if there should, I am confident that I shall be able to give you a very good account of them in the morning." Later in the day he wrote:—"I am sorry that the Irishmen could not be prevailed upon to show themselves either last night or this morning, but notwithstanding this disappointment, I have hopes that there will be sufficient evidence obtained to convict a number of them." In this rebellion the Rev. Mr. "Marsden was to be cut off at the first;" but he energetically aided King in his measures. Father Harold, imprisoned by order of a committee appointed by Hunter ​ (although the imprisonment displeased Hunter), volunteered to collect pikes for the government, but broke down in his attempt. The Judge-Advocate, Richard Dore, reporting that, no overt act of rebellion being capable of proof, the prisoners could not be capitally tried; they were punished summarily. Marsden's MS. note to the Governor from Parramatta stated:—"The prisoners have received their punishment, as much as they could bear. . . They shall be sent down as soon as the doctor thinks it safe for them to be removed." King issued in Oct. a proclamation calling on all loyal subjects to aid in repressing the conspiracy for the destruction of the king's government, and regretting that it was necessary to inflict severe corporal "punishment upon the principals and accomplices in the horrid crime." Two months later other plots were laid, and King (Dec. 1800) sent a detachment from Sydney to assist Macarthur. He longed to bring the insurgents to open arbitrament.
"If it comes within your directions or observation, my desire is that the supposed insurgents may be permitted to come to some point. If you are possessed of the orders I gave you on a former occasion they will suffice on this. If not, I have such dependence on your prudence that I am assured you will act and do for the best."
Macarthur's reply indicated one of the difficulties of a command in the New South Wales Corps.
"It may not be improper to observe that this being the day on which my company receive their month's pay, many of them will most probably be drunk to-morrow unless I take some particular measures to prevent it, and to do so would most probably create an alarm that might soon reach the ears of those turbulent wretches who create so much trouble."
Macarthur subsequently (25th Dec. 1800) reports his "great pleasure in saying that the company doing duty here were perfectly sober, with only three exceptions."
Regulations were at once made to guard against surprise.
On the 31st Dec. King thought it a duty to the loyal to "assure the turbulent and ill-disposed that none of their despicable plans, or daring anonymous writings (similar to that forwarded to him previous to the execution of the pirates), will ever bias or slacken his exertions in detecting ​ and bringing to condign punishment every vicious and idle character." He pointed out the advantages of good conduct, which ought to "create confidence, and prevent future ridiculous plans, which are contrived by artful villains to deprive the industrious of their comforts." He would adopt measures "to insure that tranquillity which must not, and shall not, be interrupted with impunity."
Early in 1801 Margarot's private journal teemed with seditious entries. Rumours of a decisive defeat of the English in Ireland, and of revolution in England, were industriously spread to show the hopelessness of supporting the Governor in New South Wales. On the 14th Feb. it was noted of King—"Tout le jour il se comporta en enragé." On the 4th was deplored the failure of an attempt by an American captain to carry off some Irishmen who, seeking "a échapper ont été pris, ramenés, mis en prison, et aux fers!!!"
On the 9th March Margarot wrote—"Le Gouverneur s'enferma pour écrire." What the Governor then wrote is perhaps to be seen in an extant despatch of the 10th March. It dealt with many subjects. The drawing of bills; the growth of the vine; the complaint of the Indian Government that, during Hunter's time, many convicts had escaped to India; the importation of spirits, and measures to repress it; a census; floods at the Hawkesbury; the crops; the supply of food, and of clothing; the purchase of a house as a home for orphans; recovery of old debts due to the Crown; the obtaining of coals from the Hunter river; the capture of runaway convicts who, after seizing a Government vessel, which they ran ashore, were captured in a private vessel which they stole; the want of another clergyman; the death of Judge-Advocate Dore, and the need of a successor to him; Major Foveaux's excellent efforts to maintain order at Norfolk Island, where the Irish convicts had been seditious-formed the staple of the despatch. Some allusions to the Irish would have enraged the conspirator.
The Ann arrived from Ireland with one hundred and thirty-seven male and twenty female convicts in Feb. 1801. The whole of the convicts were of the "most desperate character." Before reaching the Brazils they ​endeavoured to capture the vessel. They seized the master, who was only rescued after some firing. On quelling the convicts the master and officers "found it necessary to hang one of the principal ringleaders." They were tried in Sydney by the Vice-Admiralty Court, and honourably acquitted for the shooting and hanging. Lord Hobart also ruled (30th Jan. 1802) that they were clearly justified" in what they had done in suppressing the mutiny.
Irish sedition at Norfolk Island had been serious, and was repressed by Foveaux in Jan. 1801. Being warned of it he seized thirty concealed pikes.
"Not feeling justified in taking the law entirely into my own hands," Foveaux wrote, ". . . after considering that a similar plot has lately been in meditation at Port Jackson . . . in short, that the salvation of the colony would in a great measure depend upon the steps taken, . . . . I convened the officers both civil and military . . . they were unanimously of opinion that an immediate example of capital punishment should be made of Peter M'Lean and John Wollaghan, which was accordingly done on the same evening. I have had very strong information against four soldiers, whom I have consequently discharged, and have no doubt but some of them would be hanged was the Judge-Advocate acquainted with the late Acts of Parliament relating to such persons. I have promised to intercede with your Excellency in favour of H. G. (the informer) to get him his free pardon. . . . I have no doubt from the secret manner in which matters were conducted that had it not been for him we should all have been sacrificed at their pleasure."
One soldier received 500 lashes and was drummed out of the regiment for striking a sergeant in connection with the matter. Twenty-two convicts were severely punished.
On the 10th March, King commended Foveaux's meritorious conduct to the Secretary of State, and Lord Hobart expressed his "perfect approbation of the promptitude and vigour displayed in suppressing the dangerous insurrection."
But Foveaux encountered unexpected opposition. Colonel Paterson called him to account (through King) for dealing with soldiers "without any form of trial." King advised Foveaux to transmit the written opinions of the officers he had consulted. He sent also a free pardon for one convict, and a conditional pardon for another (subsequently changed at Foveaux's request for a free one). Foveaux told King privately that he did not think any one but Colonel Paterson would have asked what authority he had for what he had done.
​Officially he sent the opinions of the officers, and a deposition of the informer. He said:—
"In this remote part of the world, where we are not even acquainted with the laws of our country, it is, I conceive, the duty of an honest man to secure life and property, to enforce order and obedience, and to protect the innocent from the base and wicked designs of dangerous and disaffected villains. Such has been my endeavour during my command here."
The officers who advised the execution of the culprits were T. Hobbins, Judge-Advocate; T. Davies and W. Pattullo, lieutenants; J. Brabyn and N. Bayley, ensigns; and J. Mileham, a surgeon. Hobbins added this rider to their general statement:—
"Be it remembered that the Judge-Advocate, or any other person on this island . . . is not in possession of or ever has been supplied with any of the late Acts of Parliament relating to high treason, sedition, unlawful assemblies, the administering of illegal oaths, &c., and therefore the speedy trial of the offenders is impracticable."
Foveaux sent through King a long defence of his conduct. King commended and Lord Hobart highly approved of it. In his despatch, written while Margarot was watching his movements, King reported that "a second attempt still more diabolical than the first" had been discovered in New South Wales. The circumstances were clear
"to every one's conviction, yet no two evidences could be brought against a third person, such is the art with which they carry on their plans. Though everything was ready for general insurrection and massacre, yet as no overt act had taken place I did not conceive myself justifiable in adopting more rigorous measures, which I conceive our situation might have excused, than some severe corporal punishment on the most guilty, and forming them into a gang in constructing batteries and repairing roads under the immediate eye and inspection of the military."
He added that the desperadoes brought by the Ann, including a notorious and rebellious priest, had raised the numbers of rebels to 600, "thirsting to put their diabolical plans into execution." "I do not wish in the most distant manner
"to impress your Grace that I an alarmed, or that I have any idea of their plans succeeding. The steady behaviour of officers and men of His Majesty's New South Wales Corps, the discipline and good behaviour of the Associations and the greater part of the English inhabitants, are so many sureties to me of peace and tranquillity being observed. Still, the state of suspicion we must be necessarily in prevents those public exertions in cultivation which would otherwise take place."
​He suggested that it might be well to send
"no more violent republican characters for some time, and particularly the priests, of whom we have now three. . . . With our present numbers I see no ground for alarm, and I shall do my utmost to preserve that peace and good order so necessary for the prosperity and even well-being of this colony."
Margarot would have derived no satisfaction from knowing how confidently King looked upon the situation. He consoled himself in May by recording that a vessel had brought "nouvelle que les Russes ont exterminés la marine Anglaise." This joy was again dashed by remarks in June that King proclaimed with "grande rejouissance Union avec Irlande," and that in July, "Semper idem King revint de Parramatta."
More conspiracies were formed in 1802. King subsequently represented to Lord Hobart (9th May, 1803) the strain put upon the local government by the continual infusion of Irish convicts.
"The list of fourteen men condemned lately to die was caused by one of those unhappy events that happen more or less on the importation of each cargo of Irish convicts. The excesses those people committed during the short time they were at large is an earnest of what their conduct would be if not closely watched. Your Lordship will observe that only two were executed, and the rest pardoned. These wild schemes are generally renewed by this description as often as a ship from Ireland arrives, and when checked nothing more is heard about it till the next arrival. It is the people who arrive by the last ships who make similar attempts, and not those who have been here any time."
​Mr. Marsden was doomed to a cruel death, in a contemplated outbreak in 1802; but that vigilant gentleman caused one Corporal Cregmore to conceal himself under a bed in the house of a conspirator, and there the plotters were overheard. A report was sent to the Governor to the effect that there had been "manifestly an intention to overturn His Majesty's Government in this territory, to sacrifice the lives of many of His Majesty's subjects and generally to disturb the peace and tranquillity of the country; and we are further of opinion that some vigorous and effective measures should be speedily adopted for the purpose of preventing similar attempts.—W. Paterson, Richard Atkins, Samuel Marsden, J. Harris, James Thomson, William Cox. 28th March, 1802."
In April 1802 there was a general search for arms. Only one musket was to be left to each settler. Officers' houses were not searched, but lists of all arms in them and in the barracks were required. Fragments of the Seditious Meetings Act, 36 Geo. III., had reached the hands of the Governor. He reminded the inhabitants of its provisions." No meetings of more than twelve persons could be held. "By 36 Geo. III. cap. 8, if twelve or more persons (two in this colony) who may have assembled contrary to this Act shall continue together one hour (in this colony half-an-hour) after having been required by a magistrate to disperse (or in this colony any person of the description of a free man), they shall suffer death." Unlawful oaths and engagements, tampering with any person in His Majesty's service, were dealt with. Seditious speakers were to be exemplarily punished. A hearer of seditious words, not informing, was to be punished as an accomplice. A house in which a seditious "meeting may take place will be erased to the ground." ​Two "deluded people" were by the same proclamation—they having been "detected in seditious conversation tending to the destruction of government order and humanity" ordered to receive 500 lashes each, in equal proportions, at Sydney, Parramatta, and Toongabbe, and to be confined in the gaol gang during the remainder of their term of transportation.
In May 1802 there were further attempts. A court reported—
"that as no overt act has been committed Ed. Dougherty cannot suffer death, but we consider it necessary that the most exemplary punishment should be inflicted on him. Therefore, agreeable to your proclamation bearing date 2nd April 1802, it is expressed that whosoever in this colony shall not discover any unlawful combination or illegal act done or to be done shall receive 1000 lashes. We consider the crime of Edward Dougherty coming within the said order, do therefore sentence him to receive 1000 lashes, and, in order to deter others from similar offences, that he le further transported for five years and kept in heavy irons in the jail gang."
Three days after this sentence Margarot wrote—"on mit tous les Irlandais aux fers—douloureux."
One witness deposed that the Irish conspirators had arranged to place their English allies "in front, and in such a situation they would be compelled to fight or be put to death by those behind them." King told Foveaux at Norfolk Island that he was sorry to send him some of the Irish who had been plotting. He would not have sent them but that "we are in daily expectation of 300 of the same description."
Meantime he gave conditional pardons to many of the Irish to encourage them in thrift and prudence. He told the Secretary of State (May 1802) that as he heard "more Irish convicts are coming here it may be necessary to re-embody the Association, if they are troublesome, which unfortunately is attended with the expense of their provisions." He had sent some of the Irish to Norfolk Island.
​ At the same time he asked for copies of the Statutes at Large, "particularly the late Acts respecting Sedition and seditious meetings, of which we are much in want." One of the Scotch exiles, not honoured with notice on the Edinburgh monument, was a thorough revolutionist, though not of the mean type of Margarot. When King sailed from England in 1799 he took with him a person to teach and superintend a linen factory in the colony. The man was drowned at sea. Among the convicts was the Scotch enthusiast Mealmaker. He had been of sufficient importance to preside at some of the meetings of the Edinburgh Convention. Unlike Margarot, he was industrious, and King made him superintendent of the linen factory. But it was not likely that he would escape from the malign influence of Margarot, and Mealmaker was alleged to have been drawn into plots, which caused him to be shipped to Norfolk Island. He averred his innocence, and it is pleasing to know that he was soon released. Margarot wrote (April 1802) that "King, au poltron et fou, desarma tous les habitans (pour renforcer ses ennemis les officiers)," but added afterwards that King appeared "très rassuré en apparance," and ordered Margarot "me rendre a Parramatta." To try his patience, in July Margarot applied for leave to land 20 gallons of rum for his own use. The Governor took the paper and—"il le déchira sans mot dire."
Until 1802 it had not been definitely fixed that King should be appointed actual Governor. As Lt.-Governor he had superseded Hunter in 1800, and it was not until Jan. 1802 that Lord Hobart informed him that he had been made Governor.
There was a peculiar Irish difficulty in the colony. Irish prisoners had been sent there without information as to the nature of their sentences. King applied for it, and Lord Hobart sent him the following reply from Lord Hardwicke at Dublin: "Their sentences were mostly by courts-martial prior to the time when the proceedings of such courts were sanctioned by law, and in other instances the convictions were summary before magistrates, who exercised their powers under the Injunction Acts, and whose proceedings were in the disturbed state of the country not recorded." Some sent by one vessel "were ​ composed of rebels and deserters convicted by courts-martial previous to the law of 1799, and who were sent during the rebellion to the military department of New Geneva barracks, and embarked by the officer commanding there without any trace of such proceedings having been anywhere recorded." Those who most appreciate the manner in which designing intriguers in 1798 and 1848 deluded their Irish victims by forged tales, must admit the hardship of the servitude of a man who believed that his sentence had expired, and who yet was held in chains. The only local remedy w^as to enfranchise the well-behaved, and this was freely applied.
Plots of various kinds were rankling in 1808. The guard at Castle Hill required strengthening in consequence of " the daring behaviour of the convicts there." This was at the time when Dr. Harris (acting as Judge-Advocate at a court-martial) was put under arrest by the officers who sat with him; and when, on the conclusion of the Peace of Amiens, the New South Wales Corps, in common with others, was under orders to be reduced. Emboldened by reflecting on the small force at the disposal of the Governor, who was already taking steps to form settlements elsewhere, and thus diminish the guard at Sydney, the disaffected prosecuted their schemes.
A French gentleman. Chevalier de Glambe, had settled in New South Wales, where he received a grant of land. He was Knight of the Order of St. Louis, had been captain of a regiment at Pondicherry, and had afterwards served under Indian princes, before he took up his abode in the colony* His countrymen, under command of Captain Baudin, had shared his hospitality. Some of the Irish marked him for destruction. On 15th Feb. 180B, while he was absent, his house was attacked. On the 17th the energetic Marsden informed the Governor of the capture of ​ two of the robbers after violent resistance. More were apprehended on the 19th. In August 1803 further conspiracies were detected, and it was ascertained that the Chevalier was doomed to death by the Irish at their intended outbreak.
The Governor endeavoured to win confidence. Acting on permission from the Secretary of State, he proclaimed (19th April 1803) that he had conditionally emancipated the Rev. Mr. Dixon, in order that he might exercise clerical functions amongst his co-religionists.
Mr. Dixon took the oaths of allegiance, abjuration, and declaration "prescribed by law," and was to be responsible to the magistrates in discouraging "seditious conversations that can anywise injure His Majesty's Government, or affect the tranquillity of the colony." The Governor notified that, in case of deviation from his regulations, it remained with him to suspend the religious assemblies and punish offenders. Mr. Dixon received a salary, and on the 1st March 1804 the Governor reported that a salutary effect had been produced. The "Regulations to be Observed by the Rev. Mr. Dixon" and his congregations were published (with his signature subscribed before magistrates). "The priest was to be responsible for the peaceable return of his congregation to their homes;" "and to the end that strict decorum may be observed, a certain number of the police will be stationed at and about the places appointed, during the service."
In Nov. 1803 tidings of the renewal of war between England and France reached the colony, and King (Dec.) re-embodied the Loyal Associations, calling on "all free men" to give their names in, so that he might be able "to make a selection of the numbers required." Volunteers to attend the batteries were separately enrolled, and with Colonel Paterson's consent, Adjutant Minchin of the New South Wales Corps (who had served in the artillery), was appointed to train the new volunteers.
Captain Woodriff arrived at the end of the year in H.M.S. Calcutta, after leaving Collins at Port Phillip, and ​ was about to sail to England from Sydney when the rising so long prepared by the Irish prisoners burst forth.
There was no special suspicion, though the web of conspiracy had been widely spread. Holt, a leader in Ireland in 1798, was looked up to as the general who would ensure success. Two French prisoners of war, volunteering in England to teach how wine was made, had arrived in Sydney in 1800. They received salaries, guaranteed for three years; but one was found inefficient, and preferring a passage to England to a grant of land, had left in Dec. 1803. The other, François Duriault, was a conspirator in 1804. Lieut. Cummings, "sent from the New South Wales Corps" in 1800, but allowed to sell his commission, was an object of hope with the disaffected. He had been arrested on suspicion in 1802, but was released. Many hundreds were pledged, and the co-operation of hundreds more was expected with the first flush of success.
Secret as were the preparations, the ordinary vigilance of the authorities detected them. On the 3rd March Captain Abbott sent a preliminary warning to Sydney, to the effect that something was stirring. His informant was a man of "tolerably good character," and was indeed employed by himself as an overseer. On the 4th the magistrate, Mr. Arndell, wrote from the Hawkesbury:—"We are under strange alarms here by several mysterious informations about an intended insurrection." On the same day, Sunday, Captain Abbott and Mr. Marsden procured more precise information, and sent it to the Governor. A man who declined to join the conspiracy had seen a paper, fixing the 4th March for the rising, and the password "St. Peter." One Cunningham was an active leader. King received this information at midnight on the 4th March.
Margarot's French Journal says:—"A minuit l'on tira des canons-battit la generale—et King s'en fut a Parramatta avec un detachment de 100 soldats contre les Irlandais insurgens"—but Margarot was slightly in error. King started for Parramatta in hot haste, leaving Major Johnston to follow at half-past one a.m. with two officers, two sergeants, and fifty-two rank and file of the New South Wales corps. Emissaries were sent to collect the arms in the hands of the settlers, lest they should be seized by the ​ rebels. By mid-day on the 5th most of the weapons scattered between Sydney and Parramatta had been taken to Sydney. At Parramatta King proclaimed the districts of Parramatta, Castle Hill, Toongabbe, Prospect, Seven and Baulkham Hills, Hawkesbury, and Nepean, to be in a state of rebellion, and established "martial law throughout those districts." All who might not assist in apprehending and giving up to a magistrate any one unprovided with a pass were "under pain of being tried by martial law." Every person in rebellious opposition not giving himself up within twenty-four hours "will be tried by court-martial, and suffer the sentence." "And if they or any of them give up the ringleaders to justice, it may be an effectual means of procuring them that amnesty which it is so much my wish to grant." Major Johnston's official report to his commanding officer was:—
". . . By his Excy. Governor King's orders I proceeded immediately to Parramatta, where we arrived at the dawn of day. I halted at the barracks about twenty minutes to refresh my party (two officers, two sergeants, and fifty-two rank and file), and then marched to Government House; and agreeable to his Excellency's orders, divided my detachment, giving Lieut. Davies command of half, and taking Quartermaster Laycock and the other half with one trooper (Handlesack) and myself. Having the Governor's instructions to march in pursuit of the rebels—the Toongabbe Road—I proceeded that way, and directed Lieut. Davies to take the road towards Castle Hill. On my arrival at Toongabbe I was informed the rebels, in number about 400, were on the summit of the hill. I immediately detached a corporal with four privates and about six inhabitants armed with muskets to take them in flank, whilst I proceeded with the rest up the hill, when I found the rebels had marched on for the Hawkesbury, and after a pursuit of about ten miles I got a sight of them. I immediately rode forward, attended by the trooper and Mr. Dixon, the Roman Catholic priest, calling to them to halt; that I wished to speak to them. They desired that I would come into the middle of them, as their captains were there, which I refused, observing to them that I was within pistol shot, and that it was in their power to kill me, and that their captains must have very little spirit if they would not come forward to speak to me; upon which two persons (Cunningham and Johnston) advanced towards me as their leaders, to whom I represented the impropriety of their conduct, and advised them to surrender, and that I would mention them in as favourable terms as possible to the Governor. Cunningham replied that they would have death or liberty. Quartermaster Laycock with the detachment just then appearing in sight, I clapped ​my pistol to Johnston's head, whilst the trooper did the same to Cunningham, and drove them with their swords in their hands to the Quartermaster and the detachment, whom I ordered to advance and charge the main body of the rebels then formed in line; the detachment immediately commenced a well-directed fire, which was but weakly returned, for the rebel line being soon broken, they ran in all directions. We pursued them a considerable way, and have no doubt but that many of them fell. We have found twelve killed and six wounded, and have taken twenty-six prisoners. Any encomium I could pass on Quartermaster Laycock and the detachment I had the honour to command would fall short of what their merit entitles them to, and I trust their steady perseverance (after a fatiguing march of upwards of 45 miles) to restore order and tranquillity will make their services acceptable. Mr. Provost-marshal Smith, the inhabitants and constables who voluntarily accompanied the detachment, are equally entitled to my thanks; nor can I be neglectful of the very soldier-like conduct of the trooper who accompanied me."
Muskets, bayonets on poles, reaping-hooks, a pistol, and a pitchfork, were taken. The inhabitants who accompanied Major Johnston were as various as the captured weapons. A sheriff's officer, and a tailor, and many overseers, compose the list, with six settlers. To King, Johnston reported his success in discomfiting the rebels (whom he numbered as two hundred and fifty) on the field of action, and stated that his men" are excessively fatigued from the long march they have had; and as I understand another party of runaways is expected from Castle Hill, I should think a reinforcement necessary to meet us to-morrow morning, as the present detachment will feel the fatigue more to-morrow than they even do at present."
King received this despatch at five p.m. on the 5th. On the 6th Major Johnston announced his intention to return to Parramatta on the 7th if all should be quiet,
"leaving eleven of the party who are unable to march. I have this moment returned after marching above 3 miles with the detachment, to fall in (as I was informed) with sixty of the rebels, but upon coming to the ground I found it was a false alarm. Upon my return to headquarters I found five more desperate fellows brought in, each having loaded muskets, with a quantity of ammunition; and I beg to assure your ​Excellency that I never saw more zeal and activity than what has been displayed by the officers and men of this detachment for destroying and securing the runaways. . . . Cunningham, one of the rebel chiefs, who was supposed to be dead on the field, was brought in here alive, and I immediately (with the opinion of the officers) ordered him to be hung up"
Thus was a formidable insurrection stamped out by the promptitude of the Governor, and the energy of Johnston and his men, who marched in about nine hours a journey which he computed at forty-five miles. On the morning of the 5th March Johnston had left Sydney. On the 8th a court-martial was held at Parramatta. Captain Edward Abbott the president, Captain Kemp, Lieutenants Davies, Brabyn, Menzies, McCallam, and Quartermaster Laycock formed the court. Richard Atkins was the Deputy Judge-Advocate. Ten men were arraigned, most of whom pleaded that they were forced to join the rebels." All were found guilty and sentenced to death. King approved the proceedings and sentence, and dissolved the court, and three of the prisoners were hung on the day of their trial at Parramatta. One of them was a freed man who declared that he had been forced to join the rebels. Three were hung at Castle Hill, and on the 10th two were hung at Sydney. Two were pardoned by King. Other culprits were sentenced to the lash, some "at the discretion of the magistrates, and according to the opinion of the surgeons, of the number of lashes they can bear without endangering their lives."
An Order of the 5th March appointed a captain of the Parramatta Loyal Association, and added:—" Every person seen out of their houses or habitations after sunset will be apprehended as rebels, and punished accordingly; and let ​whatever tumult or other circumstance happen, any person seen out after sunset will be fired at by the patrolling military and constables."
H.M.S. Calcutta, after leaving Colonel Collins at Port Phillip, had arrived in Sydney under Captain Woodriff. His aid was given in accord with dispositions made by King at midnight on the 4th March. Colonel Paterson wrote at two p.m. on the 5th to King:—
"We are all very anxious respecting the result of your Excellency's journey to Parramatta. I had hardly returned to the Parade when I found Captain Woodriff with about 150 men (seamen and marines). Both Captain W. and myself thought it prudent to keep them, as well as the corps, under arms until daylight this morning, and should I not hear from your Excellency before dark I shall request Captain Woodriff to keep his men in readiness in case of alarm, and the whole of the corps will be ready to fall in at a moment's notice."
(The Colonel had called at the Governor's house and reported that Mrs. King and her daughter were well. He sent Mrs. Paterson's compliments to the Governor.)
On the 7th March King issued a notice calling in "the insurgents still wandering about," and threatening condign punishment to those who might not, before the evening of the 9th, "give themselves up to the settlements and masters they respectively belong to." On the 9th a General Order conveyed the Governor's thanks to all loyal subjects of His Majesty for what had been done.
To Colonel Paterson, to the Sydney Association, to Captain Abbott and his detachment, to the Association and the inhabitants of Parramatta, to Captain Woodriff and his officers, ship's company, and marines, and to Major Johnston, King, "with heartfelt pleasure," requested that Colonel Paterson would communicate his sentiments. Johnston and his detachment were thanked for their despatch
​The grim aspect of the time was brought home to men's minds by the conclusion of the Order. The New South Wales Corps was to attend under arms, "at the execution of the felons under sentence of death," at ten o'clock on the 10th March. General relief must have been felt when, on the 10th, martial law was revoked, and civil law was restored. Loyal addresses at once flowed in upon the Governor. Offers to take up arms had been promptly made by twenty-eight persons, most of whom could take a confidential servant with them.
The rebellion was crushed by the first success of the troops. In various places runaways surrendered or were captured. Information was invited publicly in the Gazette to corroborate the dying confessions of two of the criminals executed. The threads of the conspiracy were followed up. In consequence of precise statements implicating him, the papers of Joseph Holt, who was the terror of the county of Wicklow in 1798, were seized on the 18th March. It is unnecessary to dwell at length on these proceedings. The magistrates were of opinion that there was not sufficient evidence to convict Holt before a Criminal Court, but that his general conduct, with its influence on the Irish, as shown by the dying confessions of persons executed, made it advisable to remove him to a distance. He was sent to Norfolk Island, and thence to Hobart Town, but was allowed to rejoin his family within two years. He eventually became a successful farmer. In 1812 he sold ​ property to the amount of £2000 and returned to Ireland, but was dissatisfied with the treatment he encountered there, and was said to have bitterly repented having left New South Wales. He left Memoirs, which were edited and published in London in 1838 by Mr. T. C. Croker. They are curious, but not trustworthy, and have misled several writers.
When Holt's papers were ordered to be seized he concealed or destroyed many of them, and some were torn into shreds when found. They contained proof that Margarot was in constant communication with one Brady, and the magistrate (who ordered the search at daylight) reported that "Holt appeared to be aware that Brady's letters were particularly sought after." A careful perusal of the whole case leads to the inference that though Holt's vanity made him proud of the importance ascribed to his name, he may have been guiltless as to the insurrection.
At this time there was no interference with Margarot, who, like his fellow-martyrs, lived at his ease. Later in the year, however, King received a confession from one Maum, an Irish prisoner then in durance at the Hunter river. He said that the French officers of the Naturaliste had sounded him, that he had supplied them in Latin with all information about the settlements, that they contemplated in case of a rupture the capture of Sydney by Napoleon's order, the enlistment of all the prisoners in the French service, and the giving of rank to such men as Maum himself. They "said there must be some knowing ones here, and particularly mentioned Governor King, who prevented the ​ Freemasons' meeting on board one of the French ships." They had lists of the officers and men of the New South Wales Corps, whom they thought too few for defence. Maum added that he was confident that Margarot, being remarkably intimate with Holt, knew the entire plan of the rising on the 4th March. Immediately King seized Margarot's papers. They were found to be full of lies and slander against his old comrades and against the government. The most significant danger was implied in the allegation that while the French officers in 1802 were receiving aid and comfort in Sydney they were tampering with the allegiance of the colony; and King's feelings were soon to be embittered by the reflection that Flinders was lingering in confinement at the Mauritius, whither King had entreated him not to go. Margarot was called upon to substantiate charges made in his papers against Commissary ​Palmer, but was unable to do so, and was sent to Van Diemen's Land, where Sir H. B. Hayes was his companion.
At Hobart, Margarot attempted to deceive Governor Collins. "I am Governor King's prosecutor, and that he knows well: he sends me about in this manner that I may be drowned or lose my life, but I am a bit of good stuff." Collins treated Margarot with contempt, and sent the particulars to King. Some imputations against King were referred by him to the Judge-Advocate and the magistrates, who deemed it
"derogatory to the high office your Excellency holds to enter into any justification whatever on allegations coming from a man of Maurice Margarot's infamous conduct and principles: at the same time we think he has forfeited every pretension to the smallest indulgence. We beg leave to refer your Excellency to our opinions formerly given on Maurice Margarot's conduct. Maurice Margarot's behaviour of this day when before the Bench being so highly insolent and contemptuous, they beg leave to recommend to his Excellency that he should be put to hard labour."
The last recommendation was not enforced. King wrote to Collins that, as Margarot's "body cannot bear the punishment he has so often merited," he had sent him to Newcastle "to ruminate on his infamous conduct." King's letter (3rd Feb. 1806) to the commandant at Newcastle enjoined him to keep a watchful eye and prevent Margarot from having any correspondence with the soldiers. "Should he continue peaceable, you will of course let him remain so;" if his conduct should deserve punishment "you will cause it to be inflicted as far as twenty-five lashes, and work him at public labour the same as the other convicts."
Margarot eventually became free by servitude; returned to England; was (proh! pudor) summoned as a witness before a committee of the House of Commons; falsely imputed his "persecution" in the colony to his refusal to sign a combination bond about buying and selling; was a begging-letter writer in 1813; and, according to the 23rd ​ vol. of "State Trials," "this worthless man died in 1815 while a subscription was raising for his relief." Those who have cited his evidence may charitably be presumed to have been ignorant of his character.
The French vigneron, François Duriault, was sent away in H.M.S. Calcutta. King kept his counsel so well that the editor of the Sydney Gazette (though it was subject to government control) was allowed to say that "Duriault, or Girault," against whom the Government had obtained presumptive evidence," had escaped in the Calcutta. But on the 8th March King had applied to Captain Woodriff to give Duriault a passage on the ground that his conduct rendered it "absolutely necessary that he should leave the colony," and on the 12th, in a despatch to Lord Hobart, which Captain Woodriff carried, the same fact was reported to the Secretary of State. Duriault had certain relations with Holt. The latter averred that they were innocent, but the magistrates thought otherwise. To facilitate his communication with the Irish at the different gangs Duriault had acted as pedlar for some time before the insurrection.
On the 12th the Governor reported the suppression of the rebellion. He trusted that the temporary suspension of the civil law and the substitution of martial law would be approved. He was convinced that it had been the
"sole means of putting so decisive a stop to such a sudden and daring attempt. I deeply lament the necessity enforced on me by the existing circumstances of directing the execution of those who were selected from upwards of two hundred taken with arms in their hands, . . . . . This painful duty will, I trust, be considered an example of the utmost necessity, nor do I doubt of its having the most lasting good effects."
Two parties of rebels, of fifty men each, had lost their way, and could not find the rebel force. Had they found it King thought all the Irish of the Hawkesbury would have risen and caused much trouble, but he had "no doubt of its terminating as it has done." Johnston's activity and the general exertions had probably convinced the "deluded people of the absurdity of their having recourse to similar desperate expedients." At the same time, if great promptitude had not been used the rebels would probably have been strengthened by all the Irish in the colony, amounting to two thousand, or half the male population. However, nothing but the appearance of a foreign enemy would stir ​ up fresh attempts, so long pursued in Ireland, and which had now failed in the colony. He was about to form a post at the Hunter river, and send some of the most daring insurgents thither; others he would keep in separate gangs, working "with no other intermission than the time allowed for their meals and the Sabbath." The five troopers had been of infinite use, and were highly praised by Johnston. King asked permission to raise their number to thirty. He would increase it to ten in the meantime, appointing "English convicts of whose fidelity there can be no doubt," and ensuring its continuance by giving them conditional pardons.
The presence of H.M.S. Calcutta had been opportune. It enabled King to obtain from Captain Woodriff the services of Lieut. Menzies (Royal Marines) in establishing a post at the Hunter, whither thirty-four of the most unruly Irish were sent in March 1804, divided in three small vessels to guard against surprise on the voyage. Newcastle was fixed upon as the name of the new settlement by King, and the containing county was called Northumberland.
Again the Governor urged that two artillery officers and three non-commissioned officers should be sent to the colony. He could find well-behaved convicts to work under them. Then, with the active, loyal, and zealous New South Wales Corps, the Associations, and the free settlers, it might be trusted that a foreign enemy could be repelled and internal disorder prevented. Soon afterwards the Governor wrote that he had been compelled to stop the salary of the "Romish priest Dixon for very improper conduct, and to prevent the seditious meetings which took place in consequence of the indulgence and protection he received." The desperate characters at Newcastle were not slow to concoct a plan to assassinate Lieut. Menzies and the guard, but Menzies discovered it, and the ringleaders. received severe corporal punishment." "Two of the worst" were sent back by King's order to Sydney, "double-ironed and handcuffed," in June 1804. The Armed Association at Sydney was increased to fifty; that at Parramatta to forty men. "A citadel" in Sydney was commenced without delay.
A deserter from the Calcutta being found "to have been ​ active in the insurrection," was apprehended and put on board a private ship, the master being directed "to put him on board the first of His Majesty's ships he may fall in with, as a deserter to be disposed of as their Lordships may see fit." A year after the insurrection King reported that all proper means had been taken to discover any attempt at sedition, and that all was quiet. There were some perturbators" in the colony, as elsewhere, but he moved them occasionally from one place to another. "There is no present cause for apprehension, and indeed the trial I have had of the military and well-affected, places me at perfect ease on that point, and when the citadel is finished there will be little or no cause to harbour suspicion of those within, or to be alarmed at the approach of external foes." In 1805, in a ship which carried more Irish convicts, five persons were allowed to go on their own promise-banishing themselves to New South Wales in order to avoid trial. A letter about them was sent to the Governor, who regretted that they "had been sent without convictions" to a community abounding in rebels requiring leaders of ability.
It has been necessary to dwell at some length upon the magnitude of the dangers arising from the Irish insurrection in 1804, inasmuch as they have hitherto been unrecorded or under-rated. Their importance was increased by rumours of the designs of the French, who, under the guidance of Napoleon, were supposed to covet territory in Australia. After Cook's voyage in 1770 the Frenchman Marion du Fresne with two ships proceeded to Tasmania, but his principal achievement seems to have been firing upon the savages. Following the same tactics in New Zealand he was killed there. La Perouse's stay at Botany Bay in 1788 was his last reported act, and in 1792 the French Admiral D'Entrecasteaux with two ships was searching for him. D'Entrecasteaux spent much time on the coast of Tasmania, and named several places. In 1800 the French Republic fitted out two ships, the Geographe and the Naturaliste, obtaining passports (from the English Govern​ment) recommending Captain Baudin to the favourable hospitalities of British establishments. As early as in 1810 an article in the Edinburgh Review pointed out that science was merely a pretext, and that the real motive was to spy the state of English possessions, obtain "foothold for the French, and rear the standard of Bonaparte, then First Consul, on the first convenient spot." Governor King's suspicions were aroused. It was the burden of several of his despatches that foreigners should be debarred from settling in Australia. He excluded them from fishing within the territories and straits included in his government, and the historian of the French expedition under Baudin complained bitterly of the exclusion as grasping and unjust to the Americans and others. At the same time he stated that the hospitality extended to the French discoverer was bounded only by the means of the Governor and of the colony.
Having thus glanced at the special difficulty created by the French, it is well to turn to the discoveries made during King's term of office.
​Grant's incapacity as a marine surveyor appears to have been noticed by King thus early, for he sent Ensign Barrallier to help him. He also gave him minute instructions. As to the wide space between Cape Schanck and Cape Otway, where Grant had not seen the coast, he was to explore it carefully on all sides. In case it should "turn out to be the entrance of a large river or deep gulf, or you should in the further prosecution of these instructions discover any considerable river or deep gulf, you are to navigate up the same as far as the brig or sloop can proceed with safety." A small sloop, the Bee, was sent with the Lady Nelson. Two other vessels, the Harbinger and Margaret, had passed from the Cape of Good Hope through Bass's Straits soon after Grant, and he was to examine the land sighted by them, and then to sail to King George's Sound; and, returning thence, to examine the whole coast from that place to Wilson's Promontory, going to the head of every bay as far as possible.
Grant performed little service. At Western Port, Barrallier made a more complete survey than had been made before; but Grant failed to explore what he had called Governor King's Bay, and after two months' absence the Lady Nelson returned to Sydney in May 1801.
​ There was in H.M.S. Porpoise one John Murray, acting as mate. Pending the arrival of Flinders, and subject to instructions from the Admiralty, King appointed Murray to the command of the Lady Nelson. The strict instructions under which Murray acted are illustrated by a letter which, at the same time, vividly portrays the precautions taken to guard against seizure of vessels by convicts. The little exploring vessel was sent to the Hawkesbury for wheat in 1801. Grant was enjoined "not to leave the vessel yourself, or suffer any other person to leave her while in the river, nor let any strangers or visitors go on board. Your boarding netting is to be kept up while in the river."
In Oct. Murray was sent with precise instructions to complete the work formerly entrusted to Grant on the south coast. Murray has generally been spoken of as the discoverer of Port Phillip, but he merely obeyed a distinct order in going thither, to "trace the coast between Point Schanck and Cape Albany Otway, noticing the soundings and everything remarkable." If Murray should see Flinders he was to put himself under his command; and if he should meet the Geographe or the Naturaliste he was to produce his passport from the Duke of Portland. Thus instructed, Murray (or rather his assistant Bowen) found (as was inevitable unless the Lady Nelson had been lost) the spacious inlet which he named Port King, but which King, ever prone to honour his early friend, called Port Phillip. Such a finder has no more claim to the title of discoverer than a servant who, following precise directions, carries a letter to a place which he has not previously seen. Murray left Sydney on the 12th Nov. 1801. Having been ordered, if the wind should be westerly when he was between Ram Head and Western Port, to examine Kent's Group carefully instead of deferring the task until his return, he obeyed. On the 7th Dec. he was at Western Point. Foul weather
​ detained the vessel until January. On the 4th, Bowen, the mate, had an encounter with natives. They were curious, and not unfriendly, until an old man seemed angrily to warn Bowen off. They had spears, a stone tomahawk, and a wommerah. When the old man brandished his spear, Bowen ordered a soldier to fire over the heads of the natives, and they vanished in an instant.
On the 5th Jan. the Lady Nelson was off the entrance to Port Phillip, and Murray endeavoured to enter the harbour, which all could see. Bowen was at the masthead. The excitement was great, and the rocks and breakers added an element of danger. Murray feared to run risk by approaching a lee shore under the circumstances. He hauled off, and as the morning of the 6th was hazy, and the sea was rough, he made for King's Island, and examined it as directed. He complained in his journal that he had never "in any country experienced such bad weather." On his return he thought he was approaching Cape Otway, and "perceived with surprise that it was Cape Schanck and Grant's Point instead." On the 31st he anchored again at Western Port.
On the 1st Feb. Bowen, with five men and fourteen days' provisions, started in the Lady Nelson's launch to do in a boat what had not been done in the brig. Bowen returned on the 4th Feb., having entered "a most noble sheet of water." He gave such an account of the place that Murray recorded in his log: "It would be unpardonable in me not to give this new harbour a strict overhaul." On the 15th Feb., under Bowen's pilotage, the Lady Nelson stood "up the port with all sail set." "I have named this harbour Port King in honour of the Governor, P. G. King, under whose orders I act."
On the 17th there was a friendly meeting with eighteen natives. Mr. Bowen and a boat's crew gave shirts to them. No signs were successful in inducing them to point out where fresh water could be found. "They only seemed intent on getting what our people had-even to the last shirt." As a sailor moved towards the boat a spear was thrown at him. A shot fired over the heads of the natives created some panic, and then a volley was poured among them. Some of them stopped to throw spears. A second ​ volley scattered them. Mr. Bowen seized one of them, and three men assisted him.
"Strange to tell, he made such violent struggles as to get away from them all; nor did the contents of the officer's piece bring him up, although one ball passed through his arm, and the other in his side. He was traced a good distance by his blood. The remaining pieces were by this time fired, and our party gave chase to them all. . . .
The pursuers returned with spears and baskets dropped in the flight. Murray from the brig saw the encounter, and "to increase their panic as they passed along I gave them a discharge of our guns loaded with round and grape, but am almost certain they did them no damage. Thus did this treacherous and unprovoked attack meet with its just punishment, and at the same time taught us a useful lesson to be more cautious in future."
Thus early did the shores of Port Phillip echo to the angry discharge of cannon against its inhabitants, who were probably members of the tribe seen at Western Port, scared by Bowen when the old man brandished his spear there. A few days afterwards many of the articles given to the natives were found abandoned in the forest.
Water was found (18th Feb.), "about two miles nearer the entrance than the foot of Arthur's Seat." The fires of the natives were often seen, but there was no more intercourse with them.
On the 9th March, in obedience to his orders, Murray hoisted His Majesty's colours on board and on shore, and "under a discharge of three volleys of small arms and artillery the port was taken possession of in the name of His Sacred Majesty, George the Third of Great Britain and Ireland, King, &c. &c. &c. Served double allowance of grog."
Regretting that he had explored the coast no further to the westward, and had not examined the spacious harbour itself, Murray added: "However, the little that is performed of the original orders is pretty accurate, and I trust will give the Commander-in-Chief some satisfaction."
Baudin, the commander of the French expedition, was on the 9th March distracted from thoughts of intrusion. After visiting the Derwent the Geographe and Naturaliste were cruising on the 6th March off Schouten Island. A boat landed ​with an officer and crew. The ships were blown to sea. On the 7th they vainly searched for their "malheureux compagnons." On the night of the 7th the Naturaliste lost her consort. Baudin continued the search on the 8th. On the 9th he was ill, but charged his lieutenant, Freycinet, "d'exécuter la recherche demandée par l'équipage et l'état major." "Toute la journée du 9 Mars y fut consacrée, pendant huit heures. M. Freycinet (Peron writes) manoeuvra le long de ces cotés effrayants, avec une audace, un sangfroid, et une précision également dignes d'éloges."
Such was the occupation of the French explorers on the day when, in obedience to the orders of precision of Governor King, the master's mate of the Porpoise, in a brig of 60 tons hoisted the English flag on the shores of Port Phillip. The French reached Western Port on the 29th March, and not knowing that they had been anticipated by the Lady Nelson, wrote (Peron) "Ici finissent les travaux des navigateurs Anglois. A ce même point commence notre longue et penible exploration." On the 29th March King reported to the Admiralty the performances of the Lady Nelson. On the 11th March the Lady Nelson weighed anchor. "With a strong tide running out we got into the entrance . . . we then fell into such a ripple that we expected every moment it would break on board . . . we, however, got clear out." After a rough cruise Port Jackson was reached (24th March 1802), and Murray gave glowing accounts of the land and harbour he had seen. On the 29th King reported the important discovery to the Admiralty, which, with previous surveys, he hoped would
​The competency of the commander of the Lady Nelson became of little moment in 1802, King being directed to make her a tender under the orders of Flinders. Flinders' ship was the Investigator, 340 tons. He made true friends, though he did not wear his heart upon his sleeve, and was perhaps less popular than many less deserving. Posterity has done him the justice denied by contemporary inferiors. King always supported him; and Sir J. Banks, the companion of Cook in 1770, the President of the Royal Society in England, a member of the National Institute in France, was warmly interested in the young explorer. He wrote privately to King that Lord Spencer had "promised to make Flinders a commander, and in case he does the business he is entrusted with well, to make him Post on his return. Two French ships sailed from Havre in October (1800) for the avowed purpose of surveying the N.W. coast of New Holland. . . . They have a passport from the Admiralty."
The importance of Flinders' voyage was well known. Ambition and patriotism spurred him on. Reaching Cape Leeuwin in Dec. 1801, he refitted his ship in Princess Royal Harbour, King George's Sound, and made an inland excursion. Leaving King George's Sound, he examined the coast, and after passing the Australian Bight, affixed names to the previously unseen land.
​ In Encounter Bay he met the French ship Geographe; hailed her; hove to; "veered round as Le Geographe was passing, so as to keep our broadside to her, lest the flag of truce should be a deception;" went on board with Mr. Brown the naturalist, who spoke French, and learned that the Frenchman had been exploring the south and east parts of Van Diemen's Land, had been separated by rough weather from the Naturaliste, had been to Western Port, and "had explored the south coast from Western Port to the place of our meeting, without finding any river, or the large island, said to be at the western entrance of Bass's Strait." Captain Baudin spoke English, and received information from Flinders which the latter thought full, but M. Peron, the French narrator, thought guarded. The voyagers then parted with mutual goodwill-to receive very different treatment at the hands of those whose passports they held. As Bass had surveyed the coast from Cape Howe to Western Port, and Grant and Murray had examined it westward to Cape Northumberland, there was no part of the coast which the French could find unnamed except in the few miles between Cape Northumberland and Encounter Bay. With regard to Port Phillip, the French were in utter ignorance, Captain Baudin having informed Flinders that "he had coasted along from Western Port in fine weather and had found no inlet of any kind."
When Flinders with his maps and journals was afterwards imprisoned at the Mauritius, and the French Government appropriated his discoveries, they attempted to change all the names given by Flinders. They did not know that before leaving Sydney Flinders had left two copies of his charts with Governor King. They did know from Flinders' journal that when he discovered Port Phillip, he had the magnanimity to respect Murray's prior visit, and as they knew that there were (in Sydney) records of that visit, they claimed credit for respecting the claim of Murray. "Nous le designames sous le nom de Port du Début; mais ayant appris dans la suite qu'il avoit été reconnu plus en détail par le brick Anglois, the Lady Nelson, et qu'il avait été nommé Port Phillip, nous lui conserverons avec d'autant plus de plaisir ce dernier nom, celui du fondateur d'une colonie dans laquelle nous avons ​ des secours si généreux et si puissans." Time made the geographical larceny as idle as the disingenuous compliment. Baudin had nothing to do with them. He died at the Mauritius before Flinders was imprisoned there. Flinders proceeded on his voyage, entered Port Phillip, and gave various names, which he waived when, on arriving at Sydney, he found that Murray had preceded him, under King's instructions. Like Murray, Flinders praised the appearance of the country at Arthur's Seat. On the 1st May 1802 he ascended Station Peak and deposited in a pile of stones on the top of the Peak the name of his ship. Unlike Murray, he had only friendly communication with the natives whom he saw. In Sydney he accepted the opportunity of treating the officers of the Geographe and the Naturaliste with the most brotherly kindness. tells us that " every means were used by the Governor and the principal inhabitants of the colony to make them forget both their sufferings and the war which existed between the two countries." A few days after anchoring at Sydney Flinders applied for permission to ship two aborigines "having before experienced the utility of their presence in bringing on a friendly communication with the inhabitants of other parts of New Holland." Permission was granted, and Flinders, although the Investigator was found to be unsound, pursued his voyage, Lt. Murray accompanying him with the Lady Nelson. After naming Port Curtis and examining other portions of the east coast, the bad sailing qualities of the Lady Nelson induced Flinders to send her back to Sydney from the Barrier Reef, while he proceeded with the Investigator and explored the Gulf of Carpentaria. Although his vessel, was so leaky that he was compelled to repair it, and in doing so, found to his dismay that few of the timbers were sound, he continued his survey until want of provisions, ill-health amongst his crew, and the unseaworthiness of his ship, necessitated his sailing to Timor, and thence to Sydney, where he arrived in June 1803, The Investigator being there absolutely condemned, and no other vessel being available, Flinders with a heavy heart proceeded as a passenger by the Porpoise; but being ​ wrecked in her at "Wreck Reef" was deputed (for on such occasions the worthiest is accepted as the necessary leader) to take command of an open boat, in which he made his way back to Sydney. King did what he could. He gave him the Cumberland schooner, of 29 tons burden. With her Flinders returned to the wreck, and was heartily cheered there. Calling at the Mauritius for water, he was seized and confined by the French Governor, General De Caen, who affected to disbelieve that he was the commander of the Investigator, to whom the French Government had given the produced passport. Closely guarded, orders being given to the sentries to shoot any one seen on the roof (whither Flinders and his companions went for fresher air), and robbed of his "charts, papers and journals, letters and packets, both public and private," he remained a prisoner from December 1803 till June 1810. His charts and papers were proofs of his identity, but the French Governor really required no proof. The fact that he was Flinders was the reason for his imprisonment. His charts were required.
The Council of State in 1804 commended their appropriation, and in 1806 the Emperor ratified their commendation. In the latter year the narrative of the French expedition was nearly ready for publication, and when it appeared in 1807 it was seen that under the style of "Terre Napoleon" the Emperor laid claim to a territory "dont les deux extremités viennent de rattacher d'une part au Cap Leeuwin à l'Ouest et de l'autre au promontoire de Wilson vers le Sud." Baudin had no part in these claims. He died at the Mauritius (16th Sept. 1803), and, to add to Flinders' misfortune, the Geographe, under a new commander, had sailed for France the day before the little Cumberland anchored at Port Louis. Thus, eye witnesses to identify Flinders, and take from the Governor all pretext for doubt, were removed a few hours before Flinders needed them. His seizure was keenly resented in Sydney. The Sydney Gazette published a letter from Baudin to the Governor of the Isle of France, describing the treatment of the French at Sydney. "Le Gouverneur donna le premier exemple. Quelques que soient les dévoirs de l'hospitalité le Gouverneur King à donné à l'Europe entière le spectacle d'un ​trait de bienfaisance qui doit être connu, et que j'ai plaisir de publier." The sailor Governor was greatly moved at the ingratitude of the French soldier. Flinders sent a letter, commenced at sea in the Cumberland in Nov. 1803, and concluded in close confinement nearly a year afterwards at the Mauritius. He told King how he had "waited on the Captain-General, and after being kept two hours in the street had an audience, but it was to be told that I was an impostor, the improbability of Captain Flinders coming in so small a vessel being thought so great as to discredit my passport and commission." He told how disease had preyed upon him, and how even speech with him, except under Governor De Caen's permission, had been for a time forbidden.
"This account will not a little surprise you, my dear Sir, who have so lately shown every attention to the Geographe and the Naturaliste, but a military tyrant knows no law or principle but what appears to him for the immediate interest for his government, or the gratification of his own private caprices. Passports, reciprocal kindness, and national faith, are baits to catch children and fools with, and none but such consider the propriety of the means by which their plans are to be put in execution. Men of genius, heroes (that is, modern French Generals), are above these weaknesses. I can give you no further explanation of General De Caen's conduct, except that he sent me word, 'I was not considered a prisoner of war,' and also, 'that it was not any part of my own conduct that had occasioned my confinement.' What I am suffering in promotion, peace of mind, fortune, fame, and everything that man holds dear, it is not my intention to detail, nor have I room.
King wrote a vigorous letter to De Caen, and enclosed it, open, to Rear-Admiral Sir E. Pellew for transmission, if approved. He called to mind that Flinders had a French passport like that which insured friendliness to Baudin in Sydney.
"Nor was there a British subject that lessened the duties of hospitality natural to Englishmen by a recollection that war existed between the two nations. Their passport and distresses were the most powerful claims on my duty in receiving them, and on the humanity of all descriptions of His Majesty's subjects in contributing to render their stay comfortable and agreeable."
Therefore, De Caen might guess King's feelings when he found that Flinders,
​ In 1779 the French Government, unsolicited, had ordered that the ships under Cook should not be molested though there was war with England. It was King's duty to request Flinders' release with "every document connected with his voyage of discovery, noways doubting that your own humanity will dictate what remains necessary to be done." King did not live to see his friend released. De Caen did the gaoler's work demanded by the vanity of Napoleon. The first volume of Peron's work was published in 1807 in Paris. Fretting against his prison bars, Flinders learned from a Moniteur" in 1808 that all his discoveries on the south coast were being purloined by others. The land was called by a French name. Flinders must sorely have regretted that he had not complied with King's earnest entreaty that he should avoid the Mauritius.
There were Frenchmen who did what they could to redeem the good name of their country, and Flinders gratefully bore witness to their kindness. One Thomas Pitot, a young merchant, was specially distinguished. A literary Society of Emulation" petitioned the French National Institute in favour of Flinders. Sir J. Banks, a member of that institute, was unremitting in his efforts. Captain Milius, who succeeded Baudin in command of the Geographe, was made a prisoner of war, and at Sir J. Banks' intercession was released because he "always expressed the highest gratitude for (King's) excellent usage of the French discoverers."
The Marquis of Wellesley in 1805 sent a vessel specially to ask for Flinders' release. In 1806 Sir J. Banks wrote to King: "At last I have succeeded in soliciting an order of liberation for our Flinders. M. de Bougainville the circumnavigator, got an order for his release. Even that order was declared to be dictated "par un sentiment de générosité," and its execution was long delayed.
It was not until March 1810 that Flinders received permission to leave, and not until 7th June 1810 (a few months before the capitulation of the island), that, on his "word of ​ honour not to act in any service which might be considered as directly or indirectly hostile to France or its allies during the course of the present war," the generosity of Napoleon enabled Flinders to leave for the Cape of Good Hope in the sloop Otter, which was cruising off the Mauritius. Even then his letters and papers, a volume of his log-book, and two boxes of despatches were retained. The English Government applied for the missing documents, but neither originals nor copies could be obtained.
Against these injuries Flinders lived to frame a stinging indictment in his account of his voyages. He sowed the truth, but saw neither blossom nor fruit. He died as his work issued from the press, leaving a name cherished by all who knew him as that of a loyal Englishman, enthusiastic in discovery as he was dutiful to his country. The hardships of his career induced the legislatures of New South Wales and Victoria to grant in after years pensions to some of his family.
The fate of Flinders makes more notable the entertainment of the French in Sydney. The Geographe and Naturaliste, after some investigations on the west coast of New Holland and in Van Diemen's Land, were parted in a gale of wind. The Naturaliste went to Western Port without discovering the excellent watering-place at Phillip Island; the Geographe proceeded westward, without seeing indications of a harbour at Port Phillip, and met Flinders at Encounter Bay. Sickness was in both ships. On the 25th April 1802, Captain Hamelin appeared off the coast at Sydney, with much misgiving as to the reception his vessel might meet. The French narrator declares: "Les inquiétudes ne furent pas longues. Les Anglois l'accueillirent dès le premier instant avec cette générosité grande et loyale que le perfectionnement de la civilisation Européenne peut seul expliquer et que lui seul a pu produire." To Hamelin's letter asking permission to ​enter the port, King replied: "Je m'empresse de vous donner les assurances que rien ne manquera de fournir à tous vos besoins autant que cette colonie est capable. J'ai donné les ordres que votre frégate seroit mouillée a l'entrée de Cove, et en attendant le plaisir de vous recevoir, j'ai l'honneur," &c.
The friendly reception thus opened was continued. All that the stores permitted was afforded. There was much sickness amongst the French, and the sick were taken into the colonial hospital. Flinders records that when the Geographe arrived in June 1802 only twelve men out of 170 were capable of duty. It is due to Baudin and to Hamelin to state that on their parts they heartily testified to the kindness they received. It is unnecessary, therefore, to accumulate instances to prove it.
Captain Hamelin saw Flinders arrive in May 1802, and hearing from him of the Geographe, determined to cruise on the coast until Baudin might appear there also, as he had led Flinders to expect. Baudin, in piteous plight, arrived in June 1802. News of the Peace of Amiens had just preceded him, but King sent him word at once that "a continuance of the war would have made no difference in my reception of your ship. I beg you would give yourself no concern about saluting. When I have the honour of seeing you, we will concert means for the relief of your sick." The manner in which one of the officers of the New South Wales Corps was constrained to apologize to the French has been noticed. Baudin applied for permission to hold "un jure" on board "pour prendre connoissance du vol qui a été fait." King accorded it—"pourvu que cette séance soit tenue, jugement prononcée et mis en execution abord votre corvette. A French gunner and a soldier were condemned to the chain on board; and four convict accomplices were sentenced on shore to be flogged and otherwise punished.
Permission to careen the Geographe for repairs was given in July. The officers landed freely, and were hospitably entertained. Peron speaks with admiration of the establishment of the Rev. S. Marsden, and the managing energy and kindness of the owner. It appears also that the French officers did not shrink from association with those ​ who had been convicts, for one of that class, who in the English records figures as a "keeper of a grog-shop," is in the French narrative commended as a highly sensible and agreeable person.
There were points on which the Governor thought it fit to be guarded. He obtained from the French commanders their "word of honour" not to allow any person to be received "on board without the Governor's permission."
​ The little community was in a ferment. The eyes of England, if not of Europe, seemed to watch whether it was worthy of defending the honour of Old England. Conscious of importance, Harris had an interview with Baudin. Harris thought, perhaps erroneously, that Baudin said the colours had been hoisted "promiscuously," and that had he known that remarks would have been made, the English flag would have been placed at the fore-topgallant masthead. Harris added that Baudin said, "As he did not understand enough of English, or I of French, he would wait on your Excellency and explain it to you."
Baudin demanded from his people, in a letter which he described as "amère et de reproches à tous mes officiers," an explanation. The French answer was complete. Ronsard, officer of the guard, and Freycinet, lieutenant, reported to their "Citoyen Commandant" that the despised position, "à tribord à la grande vergue," was "celle d'honneur à la marine Française," and that it was "par excès de déférence que nous l'avons accordé aux couleurs Anglois."
Baudin wrote a long letter to Harris, and sent a copy to King. He complained of "la conduite légère et peu reflechie" of Harris in his report. "Ce qui est arrivée au Casuarina est trop publique pour être révoquée sans doute," but he expected Harris to explain that it was by error or on false report that he had for a moment doubted the intention of the French officers to show the respect due to the flag of His Britannic Majesty. Harris wrote so violently in reply that it is creditable both to Baudin and King that the affair, which might have caused much trouble, was lulled to rest.
King acknowledged that "instead of any slight being intended to the English flag, the utmost attention had been paid to it ;" and, to allay excitement in Sydney, published an extract from the French Marine Instructions designating "the starboard main yardarm" as the place of honour.
It was arranged that the dignity of the Casuarina should be recognised. She was to salute the English flag with thirteen "coups de canon;" and Baudin hoped that the Governor would order "la forteresse sur laquelle on arbore le pavillon Anglais de lui rendre son salut en même nombre ​ de coups." King replied, "Je suis sensible de cette marque de votre attention et j'ai donné les ordres qu'on rendera coup pour coup de la forteresse." The Casuarina had been purchased by Baudin in Sydney from a private person, after application had been made to the Governor for permission, which he gave in the interests of "science and navigation.
After these events the misunderstanding occurred which caused Captain Kemp to apologize to the French officers for circulating imputations that they had "vendu de rum pour de l'argent;" and simultaneously, Colonel Paterson (9th Oct.) made common cause with his recalcitrant officers by declaring that Barrallier and Dr. Harris could no longer be allowed to do any except their military service. Then followed the appointment of an emancipated bodyguard for the Governor (12th Oct.); the Colonial Commission to Mr. Bellasis (14th Oct.); the Courts-martial on Dr. Harris and Adjutant Minchin; orders that the Loyal Association, though not embodied constantly, should be "exercised monthly; and the appointment of Captain Kent of H.M.S. Buffalo to act as a magistrate throughout the territory and its dependencies. It was convenient to have a naval magistrate, as the Governor assumed a jurisdiction over fishing.
A French schooner, the Surprise, arrived in Sept. 1802. She needed repairs. King consented that she might receive them, and sell so much of her cargo as might disburse her expenses; but observing that her clearance from the Mauritius contemplated "a sealing voyage on the coast of New Holland," told M. le Corre, the commander, that he had no instructions to permit such an enterprise by foreigners. He would give no general permission, but rather than inflict unlooked-for hardship on M. le Corre he would allow him, on this occasion, to catch seals within the territories, provided he would not intrude at Cape Barron and adjacent islands, and at King's Island, where King had given exclusive privileges to certain colonists. He suspected some designs of occupation, for within five days of thus warning Le Corre he provided an English vessel, the Endeavour (about to cruise in Bass's Straits), with two flags, one of which the master was to "hoist and keep flying during the stay" of any vessel at any island where the Endeavour might be. The French explorers did not forget ​ to complain of the grasping nature of the Governor's claims.
The Surprise started on her curtailed cruise, and was lost. In May 1802, just after the arrival of the Naturaliste, the Governor had said he would immediately form a settlement at Port Phillip, but that he had no person who could be spared or entrusted with the command.
"When more officers come out, perhaps I may be able to select one who would answer for that situation, which will require a person of some abilities and perseverance. Unless I find it absolutely necessary I shall not take this step without your Grace's approval. . . . I am the more solicitous respecting forming this settlement from the probability of the French having it in contemplation to make a settlement, . . . which I cannot help thinking is a principal object of their researches."
Writing to Lord Hobart (9th Nov. 1802), while the Geographe and Naturaliste were still at Sydney, King said—
"Notwithstanding the collection he has made in every branch of natural history, yet I am inclined to think that collecting alone is not the principal object of Monsieur Baudin's mission, as it has very forcibly struck ine that they have an intention of looking for a place proper to make a similar establishment to this on the W. or N.W. coast. It has also occurred to me that they may have some intention of laying claim to Van Diemen's Land now it is known to be insulated from New Holland. My only reason for this supposition is the length of time, and the very accurate and extensive survey he has taken of what is called by us Storm Bay Passage,' and by the French 'Le Canal d'Entrecasteaux,' to whom they attribute the discovery of that passage. How far either or both these conjectures may be probable I cannot say, but I judge it necessary to communicate my thoughts thereon, and to request instructions for my conduct in case the latter conjecture should be verified. I have already stated my ideas respecting the policy of forming a settlement at Port Phillip in Bass's Straits and in Storm Bay Passage, or Derwent River, and reflection on this subject confirms me in the necessity of forming a settlement at one or both those places. Unfortunately I have no person I can at present name to such a situation. Should one offer equal to that charge I shall take it upon me to settle one or both those places, for the reasons given in iny former letter."
Colonel Paterson thought more of botanical collections than of extending the cords of British sovereignty. The coolness between himself and the Governor may have partly contributed to his reticence when he heard and did not inform King, during the stay of the French, that they intended to form a colony at Van Diemen's Land. It is certain that as soon as the French ships sailed (17th Nov. 1802) the Governor was informed by the acting principal Burgeon that Col. Paterson was in possession of information ​ to the effect that the French intended to form a settlement in Van Diemen's Land.
On the 18th King formally presented his compliments to Lt. Gov. Paterson, requesting him to furnish information "in order that Governor King may take the necessary steps which he cannot but lament he had not an opportunity of doing before he closed his despatches." Paterson evasively replied that he considered what he had heard commonplace conversation," which he would have communicated, "but that he could not suppose it was unknown to Governor King." He added in a postscript: "One of the officers who spoke of it sent Col. Paterson the accompanying charts."
King (again on the 18th) told Paterson that had he ever heard the rumour he would
"certainly have required a positive explanation from the French commodore, and would have taken a vessel up to have preceded any attempt. . . . As I have been kept ignorant of it until their departure, it only remains for me to counteract them. It is therefore necessary that an officer of the rank of captain, and as many non-commissioned officers and privates as can be accommodated, should be sent by a conveyance that I hope will be able to leave this in seven days, in order to assert His Majesty's claims and dispossess and remove any party that may be landed there. I shall take leave to retain the chart given to you by the French officer (until a copy can be made) who spoke to you of the settlement intended to be made."
The "conveyance" which was to be the means of asserting His Majesty's claims was the colonial armed schooner Cumberland (mentioned sometimes as of 26, and sometimes as of 29 tons burden). Her commander was to be young Charles Robbins, master's mate of H.M.S. Buffalo, who was to be endowed "with the territorial rank of captain."}}
The Surveyor-General of the colony, Grimes, was to accompany the warlike expedition, which was to go to King's Island and Port Phillip, and thence to Storm Bay, taking care to hoist His Majesty's colours every day on shore during your examination of those places, placing a guard of two men at each place, who are to turn up ground for a garden, and sow the seeds you are furnished with." H.M.S. Porpoise was to follow, on her return from Tahiti with pork, and the King's colours were to be "kept flying ​to indicate the intended settlements to the commander of that ship."
Minute sailing directions were given to Robbins. The shelter suitable in certain winds was pointed out, as well as the harbours in which the Cumberland was to be anchored while surveying parties were on shore. Robbins was charged with despatches to the French commodore, whom King wished him to find. Grimes was separately instructed, and a gardener named Fleming, a convict, was sent to make collections and sow seeds.
All were to keep journals, which were to be handed over to the Government at the close of the voyage. Robbins was provided with Murray's and Flinders' surveys at Port Phillip, and was ordered to "proceed to the most minute investigation of that spacious harbour, the unsurveyed part of which you will determine as well as possible, noticing the depth of water and shoals throughout, particularly the parts that have not been sounded or surveyed by the above officers." Particular attention was to be paid to the face of the country, whether
"hilly, plain, or swampy; the nature and depth of the soil; the apparent quantities of ground which are capable of cultivation or grazing to advantage; also fresh water in streams, springs, ponds, or lagoons; the quantity, quality, and size of the timber; the best situations for settlements with a view to commercial advantages, access of vessels, and defence; . . . also where settlers can be advantageously placed."
Robbins was to consult with the Surveyor-General and others.
To Baudin, King wrote (23rd Nov., 1802):
​Privately, King wrote to Baudin that all Van Diemen's Land and the south-west coast of New South Wales were proclaimed part of the British Empire in 1788, and could not be occupied by the French without breach of the friendly relations recently entered into between England and France. King was bound to oppose, with all the means at his disposal, any such project as was imputed to the French. On the same day he sent full details to the Secretary of State, announcing that he had lost no time in putting His Majesty's claims beyond dispute. He had ordered Robbins to communicate with Baudin if he could fall in with him in Bass's Straits,
"and whatever may be in contemplation, it cannot be performed by him. How far he may have recommended it to the French Government I do not know. It seems by Colonel Paterson's information that they intend it. It is my intention, as soon as the Porpoise arrives, to despatch her with a small establishment to the most eligible place at Storm Bay Passage, and one at Port Phillip or King's Island. Your Lordship's instructions on these points I shall be glad to receive as soon as possible."
Proud of his mission, Robbins sailed in quest of and found the French at Elephant Bay in King's Island. He had no sooner delivered his despatches (including some sent by King to Mr. Thomson, Staff Surgeon, who had been allowed to go as a passenger in the Naturaliste on his way to England) than he landed, reared the English flag, and with a rattle of musketry and loud cheers renewed the claim of his country to the invaded territory. Baudin, though offended, maintained a courteous demeanour. He wrote officially:
"Monsieur le Gouverneur,
"L'arrivée du Cumberland m'aurait surpris par le contenu de la lettre que vous m'avez fait l'honneur de m'écrire, si M. Robbins qui le commande, n'avoit par sa conduite fait connoitre le véritable motif pour lequel il a été si précipitament expedié, mais peut-être il est venu trop tard, ​car plusieurs jours avant qu'il arbora sur nos tentes son pavillon nous avons laissé dans les quatre Points principaux de l'Isle, à laquelle je conserve votre nom, des preuves de l'époque ou nous l'avons visité. L'histoire qu'on vous a fait et dont on soupçonne M. Kemp, Capitaine au Régiment de la Nouvelle Galle du Sud être l'auteur, est sans fondement. Je ne crois pas non plus que les officiers et naturalistes qui sont à bord puissent y avoir donné lieu par leur discours. Mais dans tous les cas vous deviez être bien persuadé que si le gouvernement Français m'avoit donné ordre de m'arrêter quelque pas au Nord ou au Sud de la Terre de Diemen découverte par Abel Tasman, j'y aurais resté, et sans vous en faire un secret. Le dix-sept le Naturaliste a mis à la voile et doit se rendre en droiture en France. Malgré toutes mes recherches avant le depart il s'est trouvé trois hommes cachés à bord du Géographe, cinq autres étoient sur le Naturaliste, et trois sur le bâtiment American la Fanny dont le mauvais temps nous a separé. J'ai, comme nous en étions convenus, mis sur l'Isle King les huit hommes qui nous concernoient; ou leur a donné un peu de pain et quelques vêtements. Vous trouverez ey point leur noms, ou du moins ceux qu'ils ont donnés.
"J'ai l'honneur d'être avec la plus parfaite considération, Monsieur le Gouverneur,
"votre serviteur, "N. Baudin,"
Privately Baudin wrote at great length, premising that his letter had no relation to the policy of his government,
"et encore moins avec vos prétentions erronées sur l'isle de Diemen que vous ne connoissez pas plus que moi, quand vous l'avez comprise dans les limites modestes que la prévoyance vous a fait prendre pour de votre nouveau territoire. Cependant chacun sait que Tasman et ses héritiers ne vous l'ont pas leguée par testament." . . . "Dans ma façon de penser je n'ai jamais pu m'imaginer qu'il y eut de justice et même de loyauté de la part des Européens à s'emparer au nom de son gouvernement d'une terre vue pour la première fois quand elle est habitée par des hommes qui n'ont pas toujours merités les titres de sauvage ou d'anthropophage qui leur ont été prodigués, tandis qu'ils n'etoient encore que les enfans de la nature et tout aussi peu civilisés que le sont actuellement vos montagnards d'Ecosse ou nos paisants de la Bas-Bretagne," &c. . . . [He alluded to the fate of the Sydney natives.] Malgré vos précautions et les châtimens qu'ont subi ceux des votres qui les ont maltraités, ils ont su distinguer vos projets pour l'avenir; mais trop faibles pour vous résister la crainte de vos armes les a fait émigrer, ainsi l'espoir de les voir se mêler parmi vous est manqué, et vous resterez bientôt paisibles possesseurs de leur héritage, car le petit nombre de ceux qui vous environuent n'existera pas longtemps.
"Je n'ai nulle connoissance des prétentions que peut avoir le gouvernement Français sur la terre de Diemen ni de ses projets pour l'avenir, mais ​je crois que ses titres ne seroient mieux fondés que les vôtres. . . . J'étois bien persuadé que l'arrivée du Cumberland avoit tout autre motif que celui de m'apporter votre lettre, mais je ne croyois pas qu'elle fut pour arborer un pavillon Anglais précisement dans le lieu où étoient établis nos tentes longtemps avant son arrivé. Je vous avoue franchement que je suis faché que cela ait eu lieu."
He proceeded to describe the island at great length:— "Je suis tres faché que l'isle King porte votre nom, en ce qu'elle me semble n'être d'aucune utilité, et n'offrir qu'une ressource passagère pour la péche du loup marin et de phoque."
He had lost two anchors at Elephant Bay. He described the labours of his scientific companions on the island, and sent his kindest regards to King and his family. The hoisting of the English flag under the eyes of the French annoyed others as well as Baudin. The artist, M. Petit, made a caricature of the petty flag with the armed sentry keeping guard. Baudin wrote to King: "J'ai dechiré cette caricature aussitôt qu'elle me fut présentée, avec defense d'en faire de semblable pour l'avenir." The editors of the French narrative, Peron and Freycinet, remarked,
"Sans doute cette cérémonie pourra paroitre frivole aux yeuz des personnes qui connoissent peu la politique Angloise; mais, pour l'homme d'état, de telles formalités prennent un caractère beaucoup plus important et plus sérieux. A la faveur de ces déclarations publiques et repetées, l'Angleterre semble chaque jour fortifier ses prétentions, établir ses droits d'une manière plus positive, et se ménage ainsi des prétextes pour repousser, même par la force des armes, tous les peuples qui voudroient former quelques établissemens dans ces contrées. Mais écartons les réflexions pénibles qu'un tel sujet inspire pour reprendre notre narration.',
​ Robbins, after examining King's Island, entered Port Phillip in January. The Surveyor-General on shore, with assistants, worked upon the east coast, returning to the Cumberland when necessary. Robbins and the gardener were often on shore. The schooner was moved from place to place so as to be available for the land-party to return to her at night. Five times the natives were seen, some of them close to the present site of Melbourne. Biscuits were on two occasions given to them, and no ill-usage on either side was recorded. Once Mr. Grimes returned to the ship to obtain a stronger guard, as eleven natives met the party on landing. They were peaceful, and accepted biscuit, fish, and a tomahawk. The mouth of the Yarra Yarra was discovered, and the Saltwater and Yarra Yarra rivers were ascended. The land-party, consisting of Robbins, Grimes, the gardener, with as many of seven sailors as may have left the boat (4th Feb. 1803), stood upon Batman's Hill, long known as a picturesque spot in Melbourne, but lovelled in later years to give place to a railway station.
​ The necessity to exclude the French having compelled King to occupy the Derwent, he prosecuted his plans with the hope of approval, but some time elapsed before he could find an officer to take charge of the new settlement. King reported that the gallant Robbins, who returned to Sydney in March 1803, had performed his duty entirely to his satisfaction. He sent detailed accounts of the surveys of Port Phillip and of King's Island. The latter was unfit for agritural settlement. Of the former Robbins said it was
"an extensive and fine harbour, but has only small portions of ground capable of advantageons cultivation, and a great scarcity of fresh water, although sufficient for a settlement and supplying ships." "It now remains to determine how far it would be advisable to make a settlement at Port Phillip. From its being situated at the western extremity of the entrance of the Straits, it may be advisable some years hence, and indeed absolutely necessary. How far it may be considered as an immediate object, I must submit to your Lordship's consideration."
Almost simultaneously it seems to have occurred to Lord Hobart and to Governor King that the new settlements might be promoted by drafting settlers thither from Norfolk Island. In June 1803 Lord Hobart recommended a partial removal, and that advantages at Port Dalrymple, King's Island, or Port Phillip should be offered to the retiring
​ Captain Colnett afforded the means of sending an establishment to Van Diemen's Land. He permitted Lieut. Bowen, of H.M.S. Glatton, to volunteer his services, and that officer received his instructions on the 10th June 1803. Mr. Mountgarrett, of the Glatton, volunteered in like manner. The Porpoise and the Lady Nelson were to transport the expedition. Minute directions were given to prevent occupation by settlers of such sites as might be wanted for a town or for fortifications. A few settlers were to receive 200 acres each, with convict labourers and their rations for eighteen months. The "Prayers of the Church of England were to be read with all due solemnity every Sunday." No vessels were to be permitted to communicate with the settlement except to obtain relief. Lieut. Courtoys, who commanded the Lady Nelson, was told by King "not to keep too close to the land at any time, as you must recollect that the vessel is very leewardly." Bowen was provided with "sealed orders, not to be opened except on the appearance of French vessels."
In Sept. 1803 Bowen reported his arrival. The land he thought excellent. Natives had been seen, but they were shy. "I have not made any search for them, thinking myself well off if I never see them again." He dated his despatch from "Hobart," at Risdon Cove, King having named the settlement after Lord Hobart. Bowen appears to have struggled manfully with the difficulties of his position until, by the arrival of Collins in 1804, the government of the settlement passed into inferior hands. The appointment of Collins was thus announced by Lord Hobart to King (14th Feb. 1803):
"The accounts you have transmitted of the importance of the harbour in the southern coast of New South Wales in Bass's Straits, to which you have given the name of Port Phillip, and your representation of the excellence of the climate, and promising appearance of the country on that coast, and also the advantageous situation of the island called King's Island, have induced me to consider with great attention the expediency of forming from this country a settlement in that quarter, subordinate and dependent upon the government of New South Wales." . . . . "It is evident that the attention of other European Powers has been drawn to that quarter of the world, and it need scarcely be observed ​that the establishment of any foreign power on that part of the coast might, in the event of hostilities, greatly interrupt the communication with Port Jackson, and materially endanger the tranquillity and security of our possessions there." . . . "It has on these considerations been determined by His Majesty that a settlement should be immediately formed at Port Phillip, and that as soon as a detachment can be sent from thence a subordinate establishment should be made at King's Island."
Lt. Col. Collins, on account of his experience in New South Wales, had been chosen to found the new settlement; but "the intended settlements are considered as dependencies upon your government, and the Lt.-Governor is placed under your orders." H.M.S. Calcutta, and the ship Ocean, would convey the expedition. The detailed instructions to Collins were sent also to King.
About thirty women were allowed to accompany their convict husbands, and ten children were permitted to go with their mothers. Amongst the children was one who was in after years to become an active politician in Victoria. Forty-six free persons, including children, were permitted to settle at Port Phillip or elsewhere. Port Phillip was represented as the most eligible situation, and Collins was therefore directed to form the first establishment there. "You are to endeavour by every means in your power to open an intercourse with the natives, and to conciliate their good will." Violence against them was to be punished according to the degree of the offence."
Elaborate instructions for promoting agriculture and grazing were given to Collins, and "the clandestine introduction of spirits" was to be vigilantly prevented. If "any quantity of this pernicious liquor should be discovered" in any person's possession, "it will be your duty to seize, and, if necessary, to destroy the same." Religious observances were to be promoted. Though Port Phillip was,
"according to the best information, the most eligible place for the intended settlement," . . . "nevertheless you are not positively restricted from giving the preference to any other part of the southern coast of New South Wales, or any of the islands in Bass's Straits which, upon communication with the Governor of New South Wales, and with his concurrence and approbation, you may have well-grounded reason to consider as more advantageously situated."
Collins was nevertheless to disembark at once at Port Phillip, and not to search beforehand for any more eligible place. "As soon as possible" after overcoming "the first ​difficulties" at Port Phillip Collins was to send convicts with an adequate guard to form a post at King's Island, if on examination the place should be found suitable.
In a separate despatch to King, Lord Hobart instructed him as to the manner in which the new settlements would be supplied with food.
"In three years, if the soil and climate at Port Phillip should appear as favourable as they have been represented, the new colony will grow sufficient corn for the consumption of its inhabitants; considering at the same time the superior advantage under which the establishment there will commence its operations, by the facilities it will derive from your fostering care and attention."
There was hardly any subject which was not embraced by the instructions given at this time to King. The decision with regard to the court-martial on Lieut. Marshall was not calculated to strengthen the Governor's position, but highly complimentary expressions were applied to his exertions.
The discovery of coal in quantities at Newcastle prompted Lord Hobart to send a mineralogist, Mr. Humphry, to assist Collins, and afterwards conform to King's commands.
Captain Woodriff, of H.M.S. Calcutta, who conveyed Collins to Port Phillip, desired to become a settler, and King was instructed to grant him six hundred acres of land in "any of the settlements" under the customary conditions.
Collins reached Port Phillip on the 9th Oct., and reported his arrival to King on the 5th Nov. 1803. Three subalterns, three sergeants, three corporals, two drummers, and thirty-nine privates of the marine service were with him to control the two hundred and ninety-nine male convicts. Collins had also "a complete civil staff, of whom the Judge-Advocate alone is absent, but I have my Lord Hobart's assurance that he shall be sent out by the first ship that sails after me. The Ocean, storeship, arrived (7th Oct.) ​under Captain Mertho. From the first moment Collins seems to have desired to transfer the settlement to Van Diemen's Land. Many writers have wondered at the folly of Collins and his officers in leaving a district so fertile as Port Phillip, which presented rich pasture lands without any need for clearance of timber. It is proper to let Collins speak for himself, and to show that in addition to a hankering to have his settlement close to the open sea, one of his motives was his fear that, if he should settle at the river discovered by Robbins and Grimes, he would not be able to protect himself from the natives. One or two quotations from the log of Captain Woodriff, and the published work of Lieut. Tuckey, of H.M.S. Calcutta, explain Collins' fears.
On the 16th Oct., Tuckey was sent in the launch to survey the upper part of the harbour. The log declared that Tuckey found no fresh water, but "fell in with a large party of natives who were very troublesome, their numbers increasing from one hundred to two hundred. The lieutenant and party were obliged to fire upon them, which drove them off, but with loss of one of their companions who was shot." Tuckey's work enlarged upon the treachery and daring of the natives, "upwards of two hundred having assembled round the surveying boats." Such having been the occurrences in Oct., Collins' despatch (to Governor King), dated 5th Nov. 1803, Sullivan's Bay, Port Phillip, becomes intelligible. The intimation from Harris, the surveyor, that "the northern shore was more numerously inhabited than any other parts," condemned it in the eyes of Collins. He had seen Phillip speared at Port Jackson.
The despatches from New South Wales, with the report of the discovery of the Yarra-Yarra river, had not been received in England when Collins sailed thence. King sent his report in May 1803, and Collins left England in April of that year. Collins wrote as follows:—
". . . From Mr. Mertho, who had been examining some part of the bay, I received the first unfavourable impression of it, which I am truly concerned to observe a more minute survey thereof has only tended to strengthen. Anxious to discover a place possessing the advantages of fresh water, timber for building, and soil for agricultural pursuits whereon I could land my people, I determined to lose no time in examining the bay. . . .
"I went on shore with Captain Woodriff to a bay on the east side, where very good fresh water had been obtained by sinking casks near the ​ margin of the sea-shore. . . .I found a level of about five acres upon which I instantly determined to land my people, stores, and provisions. That every further information respecting the capacious harbour should forthwith be obtained, Captain Woodriff despatched the first officer, Lieut. Tuckey, accompanied by Mr. Harris, the Deputy-Surveyor of the settlement . . . on a survey of the harbour. . . . Upon this business they were absent nine days, and I have now the honour to enclose a copy of the report made to me for your information, by which I think it will appear that, having before me but a choice of difficulties, I could not be anywhere better placed than I am."
Captain Woodriff landed a few marines to assist in guarding the stores, but Collins plaintively remarked:
"As the same necessity will exist after the departure of the Calcutta, I must submit to your Excellency whether it would not be expedient to increase my force by a small party from the troops under your command at Port Jackson. As this must in a great measure depend upon what may be your determination respecting my future proceedings, I shall add nothing further on the subject, but that were I to settle in the upper part of the harbour, which is full of natives, I should require four times the force I have now to guard not only the convicts, but perhaps myself, from their attacks. I cannot but suppose that all the disadvantages of Port Phillip are as well known to your Excellency as they are to myself at this moment."
It will be remembered that, amongst the titles of Grose to gratitude, Collins had represented the encouragement shown to the soldiery in Sydney, even in their dissipation. He now desired (separate despatch) to confer favours on the civil officers placed under himself. The Secretary of State had directed him not to issue spirits to the civil officers: he was certain that "it could not be intended by the Secretary of State to make such a distinction between" civil and military officers. On this head Governor King gave him no comfort. Neither to the civil nor the military were spirits "to be issued as a ration." Neither King nor any officer in the settlement could recollect such an indulgence since 1791, "except on their Majesties' birthdays."
Mr. G. P. Harris, the Deputy-Surveyor, made a report on Port Phillip as disparaging as that of Collins, and, as regarded the territory to the west of the port, egregiously misleading.
Knowing that the survey made by Grimes, and sent to England by the Glatton in May 1803, had not been seen by Collins, King sent him a copy of it (26th Nov.) together with Flinders' chart. After receiving the report of Collins, King concluded "that Port Phillip is totally unfit in every ​ point of Tiew to remain at, lyithout subjecting the Crown to the certain expensive prospect of the soil not being equal to raise anything for the support of the Bottlement." He had not desii'ed to fix upon any site without hearing from England, The reports of Mr. Murray and Captain Flinders had led King to adopt Port Phillip temporarily as a site, but he yielded to the later reports of others. He left it to Collins to decide whether to remove to the Derwent or to Port Dalryniple. He sent ample information as to both places, of the former of which Lieut. Bowen, the officer in command, spoke highly.
Kiug wrote at great length, and sent various stores to Collins. He sent an order to Lieut, Bowen to transfer the command at the Derwent if Collins should decide to go thither, and chartered the Ocean for four months to assist Collins.
The convicts generally behaved well at Port Phillip. Twelve absconded. Some returned : some were recaptured. Two were unaccounted for^and Collins **took it for granted they had perished/' One of them, Buckley, fell into the hands of the natives, whose numbers had alarmed Collins, They treated him Immanelj^ and in 1835 he was found enjoying their hospitality, when John Batman headed an expedition formed to take possession of the land which Collins abandoned in 1804.
Governor King did not resist the entreaties of Collins. He wrote (1st March 1804) to the Secretary of State: "By the Ocean, and a boat, I received letters from the Lt--Governor reporting the badness of the soil and the want of fresh water as decided objections against Port Phillip being eligible for an agricultural settlement. . . I cannot but regret that Port Phillip has been deemed unfit for a principal establishment."
The receipt of the report of Grimes, with the chart of the Yarra-Yarra, had no effect upon Collins. It deprived him of the plea of want of water, but it furnished fresh evidence of a savage population. Tuckey had encountered from one .to two hundred of the dreaded natives at the north-west, and Collins was not inclined to qualify his first report to King, that in order to settle "at the upper part of the harbour, wind is full of natives, I should require four ​times the force I have now to guard, not only the convicts, but myself from their attacks." He did nothing to maintain possession at Port Phillip, and Governor King, in June 1804, commissioned Lt.-Col. Paterson (Lt.-Gov. at Port Dakymple) to examine whether "a post of occupancy" should he formed at Port Phillip, or at Western Port, to neutralize the schemes of the French.
Collins' affections were elsewhere. He fled to Van Diemen's Land, where Bowen was already established on the bank of the Derwent, easily accessible from the sea. Even there he shrank from the duties of his office. Without assuming control over Bowmen in compliance with his instructions, he selected a site for his own settlement on the opposite side of the river, at a place he called Sullivan Cove.
Desirous as he was to yield no footing to the French, King nevertheless declined to multiply contiguous posts of occupation, and in April he directed Collins "to lose no time in taking under your command everyplace and person at and about the Derwent," Collins delayed. Bowen hesitated King was peremptory. "There was," he said, "no need for two Governors within six miles of each other," Bowen's general conduct was nevertheless highly commended to the Secretary of State. The name Hobarfe, which King had affixed to the first settlement at Eisdon, was transferred to that formed by Collins.
Collins' disregard of the desires of the Secretary of State that a port in Basses Straits should be occupied, created a special difficulty. Lord Hobart, in a despatch (24th June 1803), had furnished a ludicrous instance of the dangers which surround ignorance when it affects precision.
"After mature consideration of all the circumstances," . . . "it appears to be advisable that a part of the establishment now at Norfolk Island should be removed, together with a proportion of the settlers and convicts, to Port Dalrymple, the advantageous position of which, upon the southern coast of Van Dieman's Land and near the eastern entrance of Basses Straits, renders it in a political view peculiarly necessary that a settlement should be formed there.'
Colonel Paterson was to go to Port Dalrymple, and as an officer of Foveaux's rank would not be required at the diminished settlement at Norfolk Island, Foveaux was to go to Sydney, and there be ranked as Lt.-Goveror under ​ King in room of Paterson. King's position was embarrassing. By his despatches (Nov. 1802) accompanied by charts, he had persuaded the government to adopt his views about founding settlements to bar the footing of the French in the territory; but the circumstantial instructions of Lord Hobart it was impossible to obey. Port Dalrymple was not upon the southern coast of Van Diemen's Land, nor was it near the eastern entrance to Bass's Straits. In this dilemma King, on the 17th May 1804, "exhibited queries" by "precept" to himself as Governor, Colonel Paterson as Lt.-Governor, and Brevet-Major George Johnston. On the 18th May all three subscribed their opinions. They agreed that King had in Nov. 1802 recommended settlements at Storm Bay Passage and Port Phillip or King's Island, "to counteract any intention of the French intruding a claim to the prescribed limits of any part of this territory," and that Lord Hobart's instructions were founded on the recommendation.
They reported—
"that, his Lordship having so particularly designed Port Dalrymple to be settled, although its situation is named on the south part of Van Diemen's Laud, whereas its situation is on the north side, yet the command of Port Dalrymple is so positive that we are unanimously of opinion that that place should be immediately settled in compliance with any political reason that, his Lordship states, renders that measure peculiarly necessary."
The significance of the next query will be seen when it is remembered that the armed rebellion of March 1804 had just been put down by the exertions of King and Johnston. What force should Paterson take with him? How could it be replaced?
"It appears to be necessary that Colonel Paterson should take with him his company with three officers under him; and although a part of the military establishment at Norfolk Island will be withdrawn when the final arrangements are made, yet we are unanimously of opinion from recent circumstances that an additional number of troopers is highly necessary to answer such exigencies as may occur, which addition we think ought not to be less than twenty to the five already mounted—as proper officers and men can be selected and obtained."
The officers of the New South Wales Corps were no longer jealous of the little band of troopers formed by King when Paterson denied him military assistance in administer​ing the government. They strengthened his application for enlargement of the irregular force to fix a post at Port Phillip or elsewhere. Arrangements were made to equip Paterson, and to remove a part of the Norfolk Island establishment. King wrote to Foveaux (23rd June 1804) that the island settlers might be offered the "choice of settling at Paterson's or Hunter's River, from whence I have had the most advantageous accounts of the soil and situation." The settlers were unwilling to leave, and at a later date (May 1805) King wrote to Piper the commandant, that he had no intention to remove all the inhabitants. Those who wished to remain might do so; and the accounts given by Colonel Paterson of Port Dalrymple were so encouraging that the settlers need not be alarmed lest the Hunter River settlement should be the only one available for them.
A document has been preserved in which a Norfolk Island settler surrendered 30 acres there to the commandant (7th Sept. 1805), in consideration of receiving 45 acres at Port Dalrymple.
To provide animal food for the new settlements was an urgent need. Commander Kent sailed in 1803 in H.M.S. Buffalo to the Eastern Islands for cattle. If he failed at the islands he was to proceed to Calcutta. Before he arrived, King had made a contract with the house of Campbell, to import young cows for the settlements at Van Diemen's Land. The price to be paid was £25 per head on landing. The master was
"to despatch a boat on shore at Elephant Bay on King's Island, where a letter in a bottle will be suspended from one of the rafters in a conspicuous part of the largest shed or house at the said bay, with directions (from King and from Campbell) as to what port in Bass's Straits or in Van Diemen's Land the cows are to be landed at, and to whom delivered, and in case any accident should prevent the letter from being found,"
​Lieut. Bowen was actuated by no mercenary motive in delaying the transfer of his settlement to Collins, for he declined to accept any remuneration for his services in governing it. They were arduous. Food was not abundant, and attempts were made to rob the stores. Soldiers were implicated in them, and Bowen carried off a soldier culprit to Sydney in an American whaler, returning to his post in Feb. 1804. Lord Hobart was persistent in commanding King to keep down expenditure, and had vague ideas of a land where food was scant. He instructed Collins (Feb. 1803) "to procure such kinds of animal food as the place (Port Phillip) can supply, and to be particularly careful to cure whatever surplus of fish might be caught." The experience of New South Wales and Norfolk Island was useless to him. He had in 1802 gravely suggested that
"the causes which produced the dreadful and frequent devastations by the inundations of the Hawkesbury, might be brought to operate in favour of the cultivation of an article of food that would not be much less advantageous to the public, or the individuals, than that of bread-corn. . . . Rice would seem to be better adapted for the banks of the Hawkesbury than other corn. . . . It is perfectly well known that rice will only succeed on ground that is occasionally inundated."
King gravely regretted that though occasional floods occurred, yet in some years the rivers did not "rise above the ordinary level," which was at least twenty feet below the top of the lowest bank, and that, consequently, irrigation without more expense or labour than was at the command of the settlers was impracticable. He had, however, procured some seed rice from one of the French ships as an experiment, of "the result of which I shall inform your Lordship."
Though ship after ship carried convicts to the colony, and though settlement after settlement was being formed, and cultivation at each of them could prosper only after lapse of time, Lord Hobart informed the Governor that that there would be a sufficiency of meat and flour for all the wants of all the settlements until the end of 1804. Yet much of the salt meat received in 1802 and 1808 had been unfit for use. As it was a matter of life and death, the Governor, in spite of Lord Hobart's calculations, took upon himself the responsibility of contracting for the supply of ​ cows from India for the new settlement at Port Dalrymple. Colonel Paterson (7th June 1804) embarked thither in the Integrity, a colonial cutter of about sixty tons, accompanied by a chartered vessel of twenty-five tons. The latter carried an ensign of the New South Wales Corps and fourteen soldiers. Colonel Paterson was driven back by foul weather to Sydney after ten days; the smaller vessel was driven back after a month's contention with westerly winds in the Straits. Part of King's instructions to Paterson had been: "You are to examine how far you consider Port Phillip or Western Port the most eligible for forming a post, not so much with a view to its being considered a present agricultural settlement as a post of occupancy." The baffling of the first expedition probably neutralised these instructions. It was determined that H.M.S. Buffalo after being repaired should carry the expedition. On the 15th Oct. the Buffalo, the Lady Nelson, the Francis, and the Integrity sailed for Port Dalrymple. Before his departure Paterson requested King to define his jurisdiction. Collins at Hobart Town was an officer of marines. There had been a dispute at Newcastle whether an officer of the New South Wales Corps could properly be put under command of Lieut. Menzies, the commandant (who was in the marines), and Paterson had no desire for a conflict with Collins about jurisdiction. King notified that the 42nd parallel of latitude should be the line of demarcation between the dependencies at Hobart Town and Port Dalrymple. Paterson was safely landed with all his stores (but not before H.M.S. Buffalo had been stranded for three days at Yorkton, Port Dalrymple).
On the 20th Dec. 1804, King urgently represented the necessity of supplies of food. Both Hobart and Port Dalrymple would need salt meat for some years. The cows sent to them and contracted for, would provide for the future, but meantime animal food must be obtained. He had sent estimates of what would be needed until Jan. 1806. At the same time he reported that the settlers at Norfolk Island were loth to accept Lord Hobart's offers. Forty-one had given in their names to Foveaux, but thirty-one withdrew them. Most of them refused to abandon their growing crops. Some were disgusted at the attempt to ​ remove them, and would have sacrificed their holdings if King had not ordered Foveaux to discourage such "unwarrantable transfers."
The removal was postponed in order that the crops might be secured, and the hardships which ensued at Hobart Town and Port Dalrymple were not aggravated by dragging the settlers from Norfolk Island, where animal food was abundant, to places in which it was scarce. The little island supplied food to both of the new settlements in time of sore distress. In Aug. 1805 the Buffalo carried to them some live stock, nearly 30,000 lbs. of flour, a greater weight of pork, and some hundreds of bushels of maize; and in Nov. 1805 the Sydney was freighted with similar articles. Opposed as the Governor was to the total abandonment of the settlement founded by himself in 1788, he pleaded in 1806 the benefits it thus conferred. In obedience to Lord Hobart, he had removed most of the soldiers and the convicts, but "used no compulsory measures towards" removing the settlers, only eight of whom had consented to abandon their homes. There were then on the island more than three hundred children. There were only forty of the civil and military class left, and the male convicts had been reduced to about one hundred. After summing up how much good the island had done and was capable of doing, he added: "I am far from wishing to urge the necessity of its being put on its former establishment, but I respectfully conceive the present small establishment would be necessary for the government of the settlers, who I learn are determined not to remove without compulsion."
Lt.-Gov. Collins, with a vivid remembrance of the days of starvation in Sydney in 1789 and 1790, earnestly implored King to send food to Hobart town. In Nov. 1805 the latter, sending 13,000 lbs. of meal, said—
"which, indeed, is what we can ill spare from our present necessities, as our harvest is now getting in, and we are obliged to thrash for our weekly ​rations. However, no exertion will be wanting to prevent you from want. . . . I think you will be perfectly justifiable in the existing state of your settlement in causing every useless dog to be destroyed. Every useless dog I consider not only as a public nuisance, but a destroyer of what ought to maintain the inhabitants."
To the Secretary of State King wrote that because of the "uncertainty of supplies of salt meat arriving from England, I have directed that kangaroo flesh be received into the stores (at Hobart and Port Dalrymple) from the officers and soldiers who can procure them, at 6d. a lb., and issued as rations, which I hope your Lordship may approve." A later despatch on the subject (March 1806) to Lord Camden, said:―
"Colonel Collins has informed me that he has long been in expectation of receiving provisions, &e., from England. What reason he has for that hope I am not acquainted with, but I trust it may be the case. His wants have been liberally supplied, and indeed anticipated, from hence as long as our stores and resources admitted. What those supplies have been is stated in the enclosure.
"The wants of Port Dalrymple are equally, if not more, pressing, as the formation of that settlement was entirely from hence, whereas Colonel Collins brought the most ample supplies from England-many still remaining, except provisions which have been long since expended. Providing these supplies in the still infant state of this part of the territory, I can assure you, my Lord, requires much attention and forethought, as it is not only the present but the future wants of the new settlements I have to provide for. It may reasonably be hoped that Colonel Collins' settlement will very soon produce a sufficiency of grain for its own consumption, having now been settled two years, and that Port Dalrymple will soon contribute to its own support. . . . Still they must be fostered, nor must they be suffered to languish, or to cut at the root of their future subsistence by the great reduction of labour that attends a reduced ration, or being obliged to kill their breeding stock, which has cost so much, and cannot be replaced but at a very great expense."
Six hundred and twenty-two cows were landed safely from one vessel at Port Dalrymple in 1805, under the contract with Campbell. Two hundred and eighty-eight had died on the voyage. Those landed appeared healthy, but disease afterwards swept off nearly two-thirds of them. To Hobart, King had sent other cattle brought from India by H.M.S. Buffalo, and by a vessel of Campbell's in 1804.
At both settlements there were robberies to obtain food. Three soldiers and a convict charged with robbing the stores were sent by Colonel Paterson to Sydney for trial by the Criminal Court. All were sentenced to death. One ​ soldier was sent to be executed at Port Dalrymple as an example; the convict was sent to the Derwent to undergo the same fate. There were extenuating circumstances with regard to the other soldiers, and King commuted their sentences to transportation.
Collins made the most of his difficulties. He was in doubt about the names of places. King told him to adopt those given by Cook, Furneaux, Hayes, and Flinders, "without entering into any disquisition how far a prior discovery gives claim to occupancy. . . . Van Diemen's Land is wholly included within the British limits."
An unprovoked attack upon the natives at Risdon Cove laid the foundation of troubles, which were to end only with the absolute destruction of the whole race during the lifetime of some Europeans then living. Lord Hobart had instructed Collins to compel all persons under his government to treat the natives kindly. Collins was to punish any act of violence against them. If Lord Hobart had not condoned the killing of peaceful boys at the Hawkesbury, Collins might perhaps have so impressed his instructions upon his settlement that the Tasmanian aborigines, found so friendly by former visitors, would not have been made hostile. It is fair to Collins to state that the affray took place at the settlement formed by Bowen, and before Collins assumed control there. At the same time if he had obeyed the order to assume the command Risdon would have been under his charge at the time.
There was no ground for suspecting the natives of Van Diemen's Land of unfriendliness. Cook's coadjutor, Furneaux, had visited the island in 1773 without collision, although the Frenchman, Marion du Fresne, had stricken them without provocation. In 1777 Cook had found them friendly.
​ In 1798 Flinders and Bass saw them and were friendly with them. A paragraph in the Sydney Gazette (March 1804) narrated that at that date the natives at the Derwent were "very friendly to small parties they meet accidentally, though they cannot be prevailed on to visit the encampment."
At Risdon Cove, May 1804, peace was rudely broken. Bowen was absent for a few days at the Huon river. A large number of natives, roughly estimated at from three to five hundred, were seen near the camp. Their demeanour, judged with knowledge of their habits, was not hostile. In after days a man who was present deposed that they did not threaten or molest any one. They were kangaroo hunting. But the officer in charge, Lieut. Moore, was foolishly alarmed. Soldiers and convicts were mustered. Fire-arms were discharged without intimidating the startled crowd. Fresh volleys brought many to the ground and they fled, leaving it was said no less than fifty slain. They were supposed to belong to the tribes at Oyster Bay.
​ King replied: "I am much concerned at the unfortunate event of the party at Risdon Cove being compelled to fire on the natives, but I hope the measures you had in contemplation to gain their confidence have succeeded." It was idle for the Governor to express such hope, and wrong not to insist upon a searching inquiry. The fact that any young child was with the natives when they were shot sufficiently proved their peaceful intentions. When prepared for an attack it was ever their custom to place their women and children in remote safety. After such wanton treatment it would have been hard to create friendly relations. Collins, a few days after the massacre, sent some men to collect oysters. A band of natives attacked them with "stones and clubs," and drove them back to Hobart Town. Confidence was never restored. The natives were not again seen in large numbers, but when found in the forest were maltreated, or killed, in spite of the protests of the incapable Governor.
Collins praised, rather than blamed the manner in which at Sydney, Grose and officers transgressed instructions by granting favours to military officers. He asked King to sanction similar disobedience at Hobart Town. He wished to grant lands. King told him (8th Jan. 1805)—
"You are sufficiently acquainted with every circumstance on that head from this colony being settled until my taking the government. . . . Previous to Colonel Paterson's leaving England he had directions that the officers of the corps were not to enter into any agricultural or other pursuit that might interfere with their military duty. On a representation of the military officers to H.R.H., the Commander-in-Chief, stating the necessity of their having some means to supply the wants of their families, and requesting to be permitted to continue the cultivation of their farms, Colonel Paterson informed me that the Duke of York had no objection to their continuing their object, but on express injunction not to enter into any traffic."
Officers in New South Wales having always been permitted to cultivate for their "domestic use and comfort, King saw "no just reason" why those under Collins should be "excluded from the accommodation," and for such portions of land as Collins might recommend, not exceeding 100 acres to each officer, King would transmit grants early as possible after the descriptions are received."
While the garrulous and pliant Collins was at Port Phillip, one of the Irish convicts had written thence a ​ seditious letter to Joseph Holt. After the suppression of the insurrection in New South Wales, when, on the dying confessions of some who were executed and other statements, Holt's papers were seized on account of his alleged complicity with the rebels, King sent to Collins (20th April 1804) "an attested copy of the letter, as it is necessary you should know you have some such, if not many, of those hardened and abandoned characters with you." Holt was, he said, "a principal promoter of the late insurrection," and had been sent to Norfolk Island.
When Holt was permitted to return to his family from the island prison, he sailed by way of Hobart in a ship which carried a portion of the establishment in course of removal thither. Collins wrote:—
"A person of the name of Holt, proceeding to Port Jackson, having looked about him here, is so pleased with us that he has solicited my approbation of his coming here to settle with his family, and means to request your consent. I think from all I can learn of him that he would be very useful here, and therefore hope there will not be any objection on your part."
But even Collins had not a word to say for Maurice Margarot. In the same (private) letter he spoke of him as "a dangerous scoundrel, worse a thousand times than Stuart, vaurien as he is."
When King sent Colonel Paterson to Port Dalrymple he thought it necessary to explain to Collins (31st May 1804) that His Majesty's instructions were "positive for settling Port Dalrymple," and he could not hesitate to obey them. He gave the usual injunctions to Paterson about enforcing order amongst the inhabitants, and preventing any acts of violence against the natives, "enjoining all persons under your government to live in amity and goodwill with them."
Paterson's first report on the subject (26th Nov. 1804) may be given in his own words:—
"On the 12th, a body of natives, about eighty in number, made their appearance about 100 yards from our camp. From what we could judge they were headed by a chief, as everything given to them was delivered up to this persou. He received a looking-glass, two handkerchiefs, and a tomahawk. . . . The first hut that they came to they wanted to carry off everything that they saw, but when they were made to understand that we would not allow them they retired peaceably. From this friendly interview I was in hopes we would have been well acquainted with them ​ere this, but unfortunately a large party (supposed to be the same) attacked the guard of marines (one sergeant and two privates), and insisted on taking their tent and everything they saw. They came to close quarters, seized the sergeant, and wanted to throw him over a rock into the sea. At last the guard were under the unpleasant alternative of defending themselves, and fired upon them, killed one, and wounded another. This unfortunate circumstance I am fearful will be the cause of much mischief hereafter, and will prevent our excursions inland except when well armed."
Neither Collins nor Paterson had the sagacity to follow the example of Flinders, who obtained King's permission to take two Sydney natives to assist him in opening communications with their countrymen. Their sight and memory seldom failed to recognize a person once seen, and they might have saved Collins and Paterson from doubts as to the identity of visitors at the settlements.
As affairs were managed, war to the knife was declared at both ends of Van Diemen's Land in 1804. Paterson's military force was considerable. He had with him seventy-four soldiers at a time when only 129 male convicts were at Port Dalrymple. Contempt and dread ever influenced the meaner order of the whites to maltreat their black brethren. The efforts of the better class could not remove the ill-effect of the misdeeds of the worse.
The small settlement at the Hunter River contained some of the most dangerous convicts. The appointment of Lt. Menzies, of H.M.S. Calcutta, as commandant, was approved by the Admiralty, and he remained at Newcastle until the effervescent assumption of a subaltern of the New South Corps caused him to resign. The commanding officer in Sydney was of opinion that Menzies had no right to command the military detachment. Menzies claimed to do so on the ground that a marine was stationed there. King declined to interfere "in point of military form," and Menzies continued to serve until insulted by the subaltern. A court-martial was held, and Ensign Cressey was condemned. The Governor suspended the sentence, because a sentence of cashiering or death required to be laid before the Throne. Another ensign, Draffin, was appointed as commandant on Menzies' resignation, but he soon became deranged, and King wrote, in April 1805: "Having no other person to put in charge of that productive and useful establishment, I have placed it under Mr. Throsby, an ​ assistant-surgeon, who conducts it with great activity and propriety."
Troublesome convicts were arbitrarily moved from place to place so as to break up their plots. Writing to Colonel Paterson (Aug. 1805), King said:—
"I am sorry to be under the necessity of sending two such characters as H. B. Hayes and Maurice Margarot. . . . H. B. Hayes is a convict for life. At the expiration of Margarot's term of transportation it will be necessary to send him to this settlement, in case no Court of Civil Jurisdiction be previously established at Port Dalrymple, to answer the large debts he has contracted at this settlement, and for the forthcoming of his person this notification is to be considered a sufficient detainer. . . They are not to be victualled at the public expense, but as Margarot has no resources I have no objection to an exception respecting him if you should think it necessary."
For better security, Hayes and Margarot were conveyed from Norfolk Island in H.M.S. Buffalo, and it was while that vessel called at Hobart that Margarot attempted to impose upon Governor Collins. Colonel Paterson did not retain Margarot at Port Dalrymple, and he was sent to Newcastle. Hayes, the abductor, appears to have led a strange life in Sydney. He had considerable means, and acquired property. His intrigues with Margarot must have been well known, and Margarot's journals abound with notices of him. Hayes endeavoured to spin webs of conspiracy under cloak of meetings of Freemasons. In 1803, for such practices, he was ordered to the new settlement at Van Diemen's Land; but Lieut. Bowen's arrangements were not adapted for such a prisoner. In 1805 Hayes was proclaimed in Sydney as having "escaped from justice," was apprehended, and sent to Norfolk Island, whence he was carried in the Buffalo, with Margarot, to Van Diemen's Land.
The creation of three new settlements within the space of one year, and the necessity for maintaining a staff at each, sorely taxed the resources of the New South Wales Corps. In 1805 Paterson was in command at Port Dalrymple. A subaltern, Piper, was at Norfolk Island. Foveaux had gone to England. A civilian was in charge at Newcastle. Collins had a detachment of marines at Hobart Town. Major Johnston and the Governor agreed to repre​sent the great need of officers for detachments. King (July 1805) wrote to Lord Camden:—
"As there are now seven captains, seven lieutenants, and four ensigns absent from their duties, it would be gratifying to the officers here and beneficial to His Majesty's service, if the officers who are appointed, or who are on leave of absence in England, were ordered to join the Corps, as not more than Major Johnston, a captain, and three subalterns are at head-quarters (one of the latter being unfit for duty); Lt.-Colonel Paterson, a captain, and three subalterns at Port Dalrymple; a captain and one subaltern at Parramatta; and two subalterns at Norfolk Island."
An assistant-surgeon had been captain of the Loyal Association at Parramatta. He was convicted before a court-martial, and King (June 1805) suspended the sentence, but in the meantime the office of captain of the Association was vacant. John Macarthur, ever ready for action, though then a settler, was, with the consent of the Association, appointed to its captaincy by King.
Johnston suggested and King supported a plan for recruiting the New South Wales Corps. Both of them had good reasons to desire to strengthen it. There were not three hundred in Sydney; and the scattered men, fifteen at Newcastle, eleven at Hawkesbury, about thirty at Norfolk Island, and seventy at Port Dalrymple, besides a few at Cabramatta, South Head, and George's Head, afforded but scanty forces to resist a rising, which was chiefly rendered improbable by the determined characters of King and Johnston.
The manner of Macarthur's return requires special mention. It became the turning-point in the material progress of the colony. His sagacity in observing climatic and other influences upon the quality of wool, his foresight in commissioning his friends, Kent and Waterhouse, to buy for him "any wool-bearing sheep at the Cape," their success, Macarthur's exceptional care of the treasure he acquired in the progeny of the Merino flocks of the Escurial, have been mentioned. When his fiery temper brought about a duel with his commanding officer, and he was sent under arrest to England, his sagacity displayed itself. The speculation in his eyes was far-reaching, but the object was substantial. The fibres which he saw growing small by degrees and beautifully less in his specimens of wool, he conveyed with care on his circuitous voyage by Norfolk Island and Amboyna ​to England, His own words may be employed to tell the result:—
"In 1801 I took to England specimens of the wool of the pine Merino, and of the best of the crossbred, and having submitted them to the inspection of a committee of manufacturers, they reported that the Merino wool was equal to any Spanish wool, and the crossbred of considerable value. Thus encouraged, I purchased nine rams and an ewe from the Royal flock at Kew, and returned to this country determined to devote my attention to the improvement of the wool of my flocks, I only landed here five rams and one ewe of the sheep purchased from the Royal flock"
It was by labour that he obtained success. The papers of the House of Commons (1837) show that in July 1803 he addressed a memorial to Lord Hobart narrating what he had done, and expatiating upon the national advantage of fostering the experiment of wool-growing in Australia. For himself be asked permission to occupy land and to receive convict servants.
In Feb. 1804 he pressed his views upon Mr. Vansittart at the Treasury. In May 1804 he presented a memorial to the Privy Council, To prove that "no narrow or selfish views of monopoly influence the promoters . . . that their principal object , , . is to relieve this country from its present dependence on foreign nations for that valuable commodity" (fine wool), the company, he suggested, would engage to distribute a stipulated portion of their stock annually amongst the settlers in any manner the government might direct. To the Privy Council he repeated this offer. If it should be declined he would undertake the experiment himself if he should be allotted 10,000 acres of land and permitted to select thirty-convicts as shepherds.
On the 6th July 1804 he was summoned before the Privy Council. There he averred such confidence in his plans that he would accept even a conditional grant of land until the government might be satisfied. He had referred to the late Governor, Hunter, who was examined on the same day by the Privy Council. Without committing himself to decided opinions, Hunter testified that "any offer Captain Macarthur might make would be worth attending to."
On the 14th July the committee of the Council met again. They shrank from recommending that an imme​diate grant should be given to Macarthur or to anyone else. They would not tie the Governor's hands. The Governor might be called upon for a report. A conditional grant might perhaps be made to Macarthur with safety." Thus armed Macarthur went to Lord Camden, the new Secretary of State, and found at last the recognition he desired.
It was not only the manufacturers, with whom Macarthur consulted, who supported his views. A work published in 1803 remarked that the anxiety of manufacturers as to supply of fine wool had been greatly diminished by minute examination of Macarthur's fleeces. Their quality gave "birth to an expectation (which there appears nothing wanting to realize but that government should grant moderate encouragement to the undertaking already so happily commenced) that this expensive and heretofore unproductive colony will speedily furnish our country with ample supplies of fine wool." Certain deputies appointed to attend the progress of a Woollen Bill in Parliament supported the soldier speculator. Lord Camden had no prepossessions against him, and saw the advantage of new sources of supply. The French were sedulously creating an establishment at Rambouillet, whither Spanish Merinos had been imported under the Bourbons, and to improve which it was reported that Bonaparte had "compelled the Spanish government to allow his agents to select 4000 of their finest woolled sheep."
Lord Camden (31st Oct. 1804) wrote to King by the Argo, the ship chosen by Macarthur to convey him to the colony:—
". . . I am commanded by His Majesty to desire that you will have a proper grant of land, fit for the pasture of sheep, conveyed to the said John Macarthur, Esq., in perpetuity, with the usual reserve of quit-rents ​to the Crown, containing not less than 5000 acres. Mr. Macarthur has represented that the lands he wishes to be conveyed to him for this purpose are situated near Mount Taurus, as being peculiarly adapted for sheep, and I therefore am to express my wishes that he may be accommodated in this situation."
(Convicts were to be assigned as shepherds.)
"His Majesty's Government takes a peculiar interest in forwarding the object of this letter. I am therefore persuaded you will do everything in your power to promote its success, and I shall be obliged for all such observations as shall occur to you upon the subject, and may tend to promote an object so important for the colony."
Macarthur showed shrewdness when invited in London to select a site in Australia. Rightly conjecturing that the grasses which had arrested the straying cattle (lost in 1788) betokened superior pasture, he at once fixed upon them, and the noble estate of Camden Park (named after his patron) still justifies his choice.
Another person, Mr. Davidson, nephew of Sir Walter Farquhar, was promised a grant of 2000 acres contiguous to Macarthur's, and two respectable young men went out "to instruct others in the art of assorting wool and finally to become settlers." A few other persons were allowed to accompany Macarthur.
The Governor hailed the arrival of Mr. Davidson. "Your Lordship has prescribed 2000 acres of land for him, to which I shall add another." Macarthur's former vigorous efforts to undermine King's position were not allowed to deter the latter from loyally promoting the experiment recommended by Lord Camden. It was alike creditable to Macarthur and to King that they acted as if the past had been forgotten.
The Argo arrived in Sydney on the 8th June. King reported (20th July 1805) that he had done all he could to promote the object commended to him by Lord Camden. The enterprising Macarthur had brought a ship, to be employed in the whale fishery, to carry wool to England once in eighteen months, and to return with articles of use and comfort for the inhabitants. King enlarged upon these prospective benefits. He had nevertheless shrunk from alienating the land on which the wild cattle were feeding, and had begged Macarthur to choose a larger quantity on the east side of the Nepean, promising to mark out in the ​ meantime the prescribed grant at Mount Taurus, pending "very instructions from England. To this Macarthur handsomely consented," and King had no further comment to make beyond referring Lord Camden to despatches to Lord Hobart on the inexpediency of interfering with the wild cattle. He was desirous to promote Macarthur's views as far as he could, and had allowed him to select 100 of the finest-woolled ewes belonging to the government (for which grain was to be paid equivalent to £2 for each ewe). Macarthur's exertions would be more beneficial than any which the government could make in promoting the views which Lord Camden had at heart.
On the east side of the Nepean Macarthur could not find a block of 5000 acres of so suitable a character as the more parklike pastures on the west. He applied for permission to occupy the land near Mount Taurus, volunteering to resign the grant if Lord Camden should disapprove of its retention. King, though he would have preferred to wait for Lord Camden's reply to his despatches, considered the government protected by Macarthur's offer, and no longer withheld his consent.
Thus did Macarthur discover the road to commercial prosperity. Others had found the land; he taught the way to use it. In the existing state of Europe, bound by Berlin decrees while Napoleon yet was young, it required some audacity to predict that continental trade would be opened again to England. The schemes of Macarthur embraced the good of the mother country as well as of the colony. Had he not lived, another might in after time have acted as he acted. But Macarthur, and no other, pointed out the way. He sowed the seed of that which was to be a mighty tree. He was not to see its full umbrageousness, but he was permitted to watch the early growth and to know that others were becoming conscious of the blessings which he had ensured to the descendants of Englishmen in the land which he had made his home.
Although most noted for the introduction of the growth of wool in the colony, he displayed energy in other fields. In 1794 he had more than a hundred acres in cultivation, under the universal implement, the hoe. In 1795 he set at ​work the first plough used in the colony. Governor King, besides encouraging Macarthur, availed himself of the services of Mr. Wood, a wool-sorter, in order to improve the sheep owned by others. The Rev. Mr. Marsden had improved his sheep, though not at such expense as Macarthur incurred. At the recommendation of Marsden and Macarthur, Wood was ordered to inspect all the sheep in the colony. In Sept. 1805 he made a report. Wherever settlers had endeavoured to improve the wool, beneficial results had been attained.
"But it is with concern that I observed this great national object may be many years retarded by an unaccountable prejudice which appears to prevail in favour of weight of carcase instead of fineness of fleece; coarse wool would "not pay for sending to England, nor if it would is it wanted, whereas, on the contrary, so great is the scarcity of Spanish wool that it sells for almost any price, and serious apprehensions are entertained by the best-informed people that the French will increase their manufactures of fine cloth and exert their influence over Spain to prevent Great Britain from participating in the purchase of the fine wool of the latter country."
The Governor reported that the examination of the flocks in the colony had been "very accurately" conducted by Mr. Marsden and Wood; that the change from hair to "wool of different degrees of fineness had been and continues ameliorating beyond belief." He was not about to apply the resources of the colony to the industry otherwise than by improving the flocks maintained for distribution to settlers—
"Experience having pointed out the fallacy of appropriating public labour and expense in works of that nature, which thrive so much better when conducted by the individual who has interest in its produce, and whose situation, unconnected with other duties, enables him to watch, and turn the various changes to an improving productive account."
He relied on Macarthur's energy to prove to settlers the advantage of the Merino blood, and was "convinced that compulsion," exercised upon the short-sighted people who bred sheep only for their carcases, would not be beneficial. In a private letter to Piper at Norfolk Island Macarthur wrote (June 1805): "Everything is settled to my satisfaction, and I entertain hopes of universal peace once more ​resuming her reign in this heretofore unhappy place." With a Secretary of State like Lord Camden, a Governor like King, a man of enterprise like Macarthur, and a climate like that of Australia, the success of wool-culture was assured.
​"but instead of five minutes they took no notice of him for a quarter-of-an-hour, when, after much dispute between the natives, they permitted him to sit down with them, but no one spoke to him or even answered his questions, except one young man, who was known to Barrallier's party, who treated Gogy with much civility, but all the others looked at him with the most savage stare."
Barrallier made several excursions from his depot at Nattai, communicating repeatedly with King. After a month's absence on his first journey, he wrote: "I see with satisfaction that the difficulties I have undergone, and which at present appear insurmountable, do not incline you to abandon the project." No effort had been spared,
"nor have we been stopped by the steep mountains and precipices we were obliged to pass to accomplish the mission you have charged me with; but at length, harassed with fatigue, our feet wounded, and tumbling the one over the other on rocks which appear to have no termination, and dispirited to find everywhere insurmountable opposition to our progress when we thought ourselves at the end of our travels, we were obliged, after journeying six days, to return, not having been able even to kill a fly. I do not believe there can be so barren a desert in any part of Africa as these mountains are—neither bird nor quadruped to be seen, but plenty of reptiles, amongst which are numbers of the most venomous serpents."
How far Barrallier pierced the mountains on his second journey can only be surmised. Ascent and descent of mountains, which stand like walls, magnify tenfold the labour of progress; and what the crow flies in one mile might involve many miles for the traveller. A knowledge of the map, and one glance at the country amongst the tributaries of the Wollondilly and the Cox, in the line which Barrallier took, will make the most daring admit that his task was impracticable. The one way by which the mountain fastnesses could be threaded was that adopted afterwards by Wentworth, Lawson, and Blaxland; i.e. following the sinuosities of the dividing ridge between two watersheds. There was an easier path for Barrallier to the southward, which was discovered by Hamilton Hume in 1814, but it was only to the west that in the early days attention was directed. On his second journey Barrallier wrote:
"Since I wrote last I have discovered another river which runs to the northward. After traversing the mountains seventy-four miles from Nattai in a due west course, I was mortified to find myself on the summit of a perpendicular mountain, from whence I saw a continued chain of mountains bounding the horizon thirty miles to the westward. At this time my courage would have forsaken me but for the sentiment of respect towards you. My companions appeared to have lost all courage or desire ​ to go on. However, I persuaded them. We kept on mounting and descending till night, when we found a river much more considerable than the Nepean, running to the eastward. The next day we followed the course of the river in the direction of west, still ascending and descending the steepest mountains, between the ridges of which the river ran. Thus we passed another day, the country still as dreary as that we had passed."
On the following day "a high cascade" barred the way, "the sides of the river forming perpendicular rugged mountains." Ascending a steep and lofty peak, even Barrallier was compelled, by a sight of similar rugged country ahead, to give up the task in which he had penetrated farther than any other European, but of which the only gain was in a few mineral specimens sent to England by King.
There were ever floating idle rumours, such as that which (in the spurious Barrington volume) attributed to the convict Wilson the credit of having overcome the mountain barrier. Such stories being current about certain men at the Hawkesbury, King tested their value by offering to reward them if, when accompanied by an officer, they could pass the mountains. They received supplies, and went to make preliminary observations. In twelve days they returned, after useless wandering.
Another candidate for the honour of piercing the mountains appeared in 1805, in the person of Caley, who collected specimens for Sir Joseph Banks. King furnished him with "four of the strongest men in the colony." The spot he is supposed to have reached was about eighteen miles from the Hawkesbury. He had then gained a footing on the dividing ridge where now the railway runs in the course discovered in 1813. A pile of stones was found by Wentworth and his companions in that year, and they attributed it to Bass. But when Governor Macquarie in 1815 proceeded on the road then made, he named the spot Caley's Repulse, because the cairn was "supposed to have been placed by Mr. Caley." The explorers started from the junction of the Grose with the Hawkesbury, "taking the north side of the Grose." As Caley "advanced he found the country extremely rugged and barren, and the valleys, of which many may with more propriety be called chasms, are for the most part impassable." . . . "After incredible fatigue Caley and his party got to Mount Banks, ​ on the twelfth day after he left "Richmond Hill." Caley himself reported thus on the appearance of the country:
"On looking to the westward I saw no large valleys except the one close to us, from which the ground apparently kept rising gradually as far as the eye could see. In a few places there appeared swamps, in others no trees, and very scrubby. By these appearances it might be imagined easy to travel over that space, provided the inaccessible valley close at hand was crossed. Yet there is no doubt but what others of a similar nature would present themselves, as I am too well convinced now of their rugged and impassable state, which becomes at every step an Ha! Ha!"
Nature's gigantic hah-hah, where the fosse may be two thousand feet deep, abounds in the valleys and tributaries of the Grose, and Caley aptly described it. One of his muscular companions, seeing two crows flying over the desolation, exclaimed that the birds "must have lost their way.
Knowing the trustworthy character of his envoy (whose name was often mentioned as Cayley), King sadly wrote:
"I cannot help thinking that persevering in crossing these mountains, which are a confused and barren assemblage of mountains with impassable chasms between, would be as chimerical as useless. Few possess the bodily strength and enthusiastic mind which Caley does to encounter such researches; yet with these qualities within himself, being well equipped, and having the strongest men in the colony to assist him, nothing but his enthusiasm could have enabled him to perform that journey. From its ill effects he did not for some time recover."
For a time "Caley's repulse" was accepted as final. The secret of the mountains was not to be extorted by main strength. There had been two ways of obtaining it. By kindness to natives, such as Phillip enjoined, it could have been had for asking. By such astuteness as was displayed by Wentworth and his companions it was to be had with toil. After Phillip's departure there had been no man wise enough or firm enough to secure the first and better way, which the Hawkesbury settlers had by ill-treatment of the natives made impossible.
It is a melancholy thing that King, resolute in other things, was incapable of restraining, or unwilling to punish, the brutalities of the whites. It is doubtless true that the increase of population and its distribution at more numerous places rendered the task of supervision more difficult than it had been in the earlier days. But all was not done that could have been done to establish peace, and much was ​done and sanctioned which was disgraceful. Lord Hobart's despatch (30th Jan. 1802) respecting the men found guilty of murdering peaceful native boys during Hunter's government, was received by King late in 1802. It might have been barbarous to execute the men after so long a delay, but they might have been transported, deported, or imprisoned. To condone their offence was to court its repetition, and it was repeated by rough borderers without compunction.
King himself, while the murderers were under respite, had lent the authority of the government to open warfare against all natives without proof of their hostile intentions. On the 1st May 1801, a government notice declared that the wanton manner in which a body of natives of Parramatta, George's river, and Prospect, had killed sheep and threatened white men, and the killing of one Conroy, a stockman, and wounding of a settler, Smith, made him direct that "this as well as all other bodies of natives in the above district be driven back from the settlers' habitations by firing at them." He added that the order was not to extend to natives in other districts, and that they were not to be molested in "the harbour at Sydney, or on the road leading to Parramatta." He could hardly have expected that, while he commanded that natives, friendly or otherwise, should be fired at throughout a considerable district, their brethren outside of that district would remain at peace, or draw the distinction between guilty and innocent white men which King declined to draw between the blacks. The sable wanderers, whose district from Port Jackson to the Hawkesbury was occupied by their well-armed foes, made such reprisals as they could with their wooden weapons. In 1801 King wrote:
"Since grain has been so very scarce among the settlers the natives have been exceedingly troublesome and annoying to them, which has made it necessary to allow them to repel their predatory attacks. It is much to be apprehended that they are incited to several acts they have committed by some worthless vagabonds, who have associated with them for the express purpose of plundering the settlers. However, I hope when grain is more plentiful, the inconvenience will cease."
It is difficult to imagine what the settlers wished the natives to do but submit to be shot. Their means of living ​ had been taken from them; warlike or peaceful they were to be shot in districts whose boundaries were undefined; and if, when starving, they crept into corn-fields at night, the same doom awaited them. They were cumbering the earth in the eyes of the invaders, and were to be cut down. It may be remembered that Pemulwy, in 1790, speared the convict gamekeeper employed by Governor Phillip, and that a party of soldiers vainly sought him. He must have lived the life of a hunted tiger. Collins recorded that in May 1795, under Paterson's brief rule—
"An open war seemed about this time to have commenced between the natives and the settlers; that a part of the New South Wales Corps was sent from Parramatta with instructions to destroy as many as they could meet with of the Bediagal tribe (Hawkesbury), and in the hope of striking terror, to erect gibbets in several places, whereon the bodies of all they might kill were to be hung."
The military party was no sooner withdrawn, after obeying this order, and sending a few women, children, and one reputed cripple, to Sydney, than the hunted savages wreaked vengeance upon a settler at Richmond Hill. "In consequence of this horrid circumstance another party of the corps was sent out. This duty now became permanent, and the soldiers were distributed amongst the settlers for their protection; a protection, however, that many of them did not merit." In another passage (March 1795), Collins declared: "All these unpleasant circumstances were to be attributed to the ill-treatment the natives had received from the settlers."
Pemulwy was still at large in 1795, and when the military were shooting his countrymen at Richmond, Collins wrote, that Pemulwy "or some of his party even ventured to appear within half-a-mile of the brickfield huts and wound a convict. . . . As one of our most frequent walks from the town was in that direction, this circumstance was rather unpleasant." Again, in 1802, but for the last time, we hear of the hunted Pemulwy. In replying to Lord Hobart's despatch respiting the Hawkesbury murderers, King told the end of the bold leader who with wooden weapons kept up for years some kind of warfare with those who outlawed him on his native soil. He was described as the terror of ​ the district. Natives domesticated at Sydney regretted the warfare near Parramatta and Toongabbe, where the natives "were irritated by an active daring leader named Pemulwy, and in the few intercourses we had with some of his companions expressed their sorrow for the part they were obliged to act by the great influence that Pemulwy had over. them." Decided measures were necessary. "From their extreme agility, lying in wait for natives was out of the question. . . . With these views (founded on the opinions of the principal officers coinciding with mine) I gave orders for every person doing their utmost to bring Pemulwy in. either dead or alive. . . The natives were told that when Pemulwy was given up they should be re-admitted to our friendship. . . ." Two settlers shot Pemulwy and another native, and the head of the "daring leader" was carried to the Governor, who ordered that the natives should no longer be molested.
The division of the natives in tribes, of which many were mutually hostile, prevented combination, and fire-arms opposed to wooden weapons would have made a general war fatal to the tribes, even if they had had a Galgacus to array them in thousands. They were forced back, not to the ocean, but to the mountains. But they could not wander freely through them. Inexorable tradition confined them within hereditary domains. They could but lurk like wolves in inaccessible places from which they emerged to take savage vengeance on a passer-by, or to add their own unburied corpses to the numbers already strewn by the modern raptores orbis who hunted them on their native soil. In June 1804 the Sydney Gazette recorded that fourteen settlers "went against the natives and fired upon them in the mountains beyond the Hawkesbury."
In July 1804 Mr. Marsden and Dr. Arndell procured a conference with two Hawkesbury chiefs, Yarragowby and Yarramandy, and urged the advantages of peace. But there was no peace. Writing (14th Aug. 1804) King said that in May and June the natives on the Lower Hawkesbury farms had been so troublesome that "the whole of the new settlers were leaving their habitations;" that he "was very ​reluctantly compelled" to direct that the natives should be shot, and two (he said) were killed. Marsden and Arndell could hope to pacify the black more easily than the white race.
A settler at Portland Head presented to King a memorial "said to be signed by all the settlers in that district, requesting they might be allowed to shoot the natives frequenting their grounds." On inquiry it was "found that none of the settlers had authorized the man to put their signatures to the paper," and that his fears had actuated him. The attempted imposition was punished by imprisonment.
"Wishing to be convinced myself (King wrote) what cause there was for these alarms, three of the natives from that part of the river readily came on being sent for. On questioning the cause of their disagreement with the new settlers, they very ingeniously answered that they did not like to be driven from the few places that were left on the banks of the river where alone they could procure food; that they had gone down the river as the white men took possession; if they went across white men's grounds the settlers fired upon them or were angry; that if they could retain some places on the lower part of the river they would be satisfied, and would not trouble the white men. The observation and request appeared so just and equitable that I assured them no more settlements should be made down the river. With that assurance they appeared well satisfied, and promised to be quiet, in which state they continue."
Some compunction was felt, and a paragraph in the Sydney Gazette in 1804 was well fitted to sharpen it. Some years previously a black child had been seized at Toongabbe, when its father and mother were shot. A man named Bath pitied and reared the boy, who never spoke any language but English, and, as was usual with native children so circumstanced, had no hankering for the life of his forefathers. So vile a pariah had the child of the soil become on its native land that we are told he "testified a rooted and unconquerable aversion to all of his own colour, also esteeming the term native as the most illiberal and severe reproach that could ever be uttered." He was named (by his foster-father) James Bath, and died in 1804, having given "undoubted proofs of Christian piety, frequently repeating the Lord's Prayer shortly before his dissolution. Thus touched by the words of the Healer, James Bath vanished from the evil days.
In April 1805 King reported further outrages. He was "confident that the settlers had been extremely liberal to ​ the natives," but the latter had been "ungrateful and treacherous" at the South Creek and Lower Hawkesbury. On the same day outrages occurred at two places three miles apart. A settler was murdered at one. At the other a settler and his man were burnt in a hut.
"These barbarities calling forth assistance, I directed a party of military to take post at the Branch, and to drive the natives from thence, first assuring them that if the murderers were given up all further resentment should cease; however, the velocity with which these people remove from one place to another put it out of the guard's power to follow them, and since then they have begun their depredations at the South Creek, where they have unfortunately murdered two stock-keepers. A detachment has been sent to that quarter, but I am sorry to say that until some of them are killed there is no hope of their being quiet."
By a general order (30th April) detachments of military were distributed for protection against the "uncivilized insurgents." No settler was to allow a native to approach his premises "until the murderers are given up." Any settler harbouring "any native" was to be prosecuted, and all settlers were "required to assist each other in repelling those visits." The old truth that the stronger animal overcomes or outlives the weaker has lately been puffed into importance as a new theory under the name of "survival of the fittest. The annihilation of a race was in New South Wales secured by an inversion of the doctrine. No peace was hoped for until the most active and daring could be killed, and, the fittest being swept away, the decay of the miserable remnant would leave the land to the destroyer. The detachments entered upon their work. The Gazette tells that Yarragowby and others were assaulted in the mountains. Four or five are said to have fallen. In May 1805 Major Johnston was sent to the scene. A native was caught. A noted chief, Musquito, was seen. He boldly declared to his enemies that the natives would continue their warfare, and "made off" through the forest.
Of Mr. Marsden's persuasive powers a questionable use was made. Several natives were committed to the gaol at Parramatta. Marsden prevailed upon the prisoners to deal insidiously with Musquito. They did so, and the dreaded ​ warrior was lodged in the gaol. As several had been shot and Musquito had been surrendered, King determined, to the gratification of his sable capturers, to send him and others to Norfolk Island instead of hanging him. A general order expressed a "hope that the apprehension of the native called Musquito might effectually prevent further mischief." Atkins, the nominal legal adviser of the Governor, plied him with arguments for field-slaughter. He wrote (July 1805):
"The object of this letter is to impress the idea that the natives of this country, generally speaking, are at present incapable of being brought before a Criminal Court, either as criminals or as evidence, that it would be a mockery of judicial proceedings, and a solecism in law, and that the only mode at present, when they deserve it, is to pursue and inflict such punishment as they may merit."
In March 1806, King reported that the natives had continued "on the most amicable footing since their last misconduct." The transportation of "two of the principals to Norfolk Island" had a great effect, and occasioned "the present good understanding." The stranding of a coasting vessel at Twofold Bay in 1806 brought natives around her, and, "according to report," their hostile demeanour rendered it necessary to fire on them, when
"Some of the natives were killed. However much (King wrote 15th March 1806) the white man may be justified on the principle of self-defence, yet I have cause to think the natives have suffered some wrong from the worthless characters who are passing and repassing the different places on the coast; nor would they escape the punishment such conduct deserves if it could in any instance be proved."
In spite of this moral sentiment it cannot be held that King rose to the height of his duty. No man but Phillip had shown that he was just or sagacious enough to punish the excesses of the whites, which, in the pages of Collins and elsewhere, are proved to have been rampant in the land. The white people were amused sometimes by the fights of the natives. In 1803 one Musquito (whether the hero of resistance to the English or not is not stated) had to defend himself against the kindred of a native he had
"The singular influence which he obtained as the leader of the natives in Van Diemen's Land will appear hereafter. After assisting in warfare against the Tasmanians, and aiding in the capture of daring bushrangers, Musquito himself became an outlaw, and had the address to put himself at the head of the hostile natives. ​wronged. White spectators saw the ordeal. Musquito "defended himself against sixty-four spears, all thrown with rancour and malignity, and seventeen of which went through the target, some to a depth of nearly two feet. The sixty-fifth and last thrown at him entered the calf of his right leg and penetrated six inches through. This was cut short before it could be extracted." The dark race could furnish a show, as the Dacians of old amused their conquerors in the amphitheatre.
It is a pleasanter task to chronicle King's efforts on behalf of orphans. Before he formally assumed office in Sydney in 1800 he strove to remedy the evils which abounded. Though he arrived in April, he did not assume the government until 28th Sept. In July 1800 he had written to say that for a Female Orphan Institution he had bought, for £1539, a house belonging to Captain Kent, of H.M.S. Buffalo. On 9th Sept. he pleaded the cause of the orphans to the Duke of Portland:
"The necessity of some steps being taken to save the youth of this colony from the destructive examples of their abandoned parents, and others they unavoidably associate with, for want of an asylum to draw them from those examples, and the assurances I have of the success which has attended an institution of that kind which I formed some years ago at Norfolk Island,"
had induced him to make conditional purchase of Kent's house, and to appoint a committee of management. Most of the children were of an age when instruction and example, either good or bad, have full force. He humbly submitted the propriety of sanctioning the purchase of the house.
Funds for management would be obtained from subscriptions, duties on entry and clearance, on landing goods, watering vessels, quit-rents, fines, and penalties. In a few ​ days nearly £800 were subscribed, and when Baudin, the French navigator, was in Sydney he generously gave £50 to the Institution. There were nearly 1000 children in the colony—a large proportion illegitimate.
"Finer or more neglected children were not to be met with in any part of the world. The sight of so many girls between the ages of eight and twelve verging on that brink of ruin and prostitution, which several had fallen into, induced me to set about rescuing the elder girls from the snares laid for them, and which the horrid example and treatment of many of their parents hurried them into." [Kent's house was therefore conditionally purchased.] A committee, consisting of the chaplain, three other officers, Mrs. King (the Governor's wife), Mrs. Paterson (Colonel Paterson's wife), accepted the office of managing this institution. Forty-nine girls from seven to fourteen years old were received into the charge of as eligible people for that purpose as could be selected in the colony. They are victualled by the Crown, but every other expense attendant on this institution has been defrayed by contributions, fines, duties on shipping, &c., with no other expense to the public except the house."
A new building was commenced in 1801.
King contributed funds for the orphans. Forfeitures and fines for the benefit of the Orphan Fund gleam constantly through King's Orders.
In Oct. 1802, when, obstructed by Colonel Paterson, he dispensed with his military body-guard and improvised a guard of emancipated convicts under Lieut. Bellasis, it was ordered that any persons convicted of polluting the stream (running where Pitt-street now is) should forfeit £5 to the Orphan Fund for each offence, and that their houses should "be taken down."
The Rev. Mr. Marsden was entitled, as treasurer, to 5 per cent., but he "presented the amount to the institution on resigning the treasurership when he went to England." In spite of all these provisions, King wrote (Aug. 1804) that but for the most rigid economy and perseverance on the part of the committee the institution must have languished. To provide for its future he had endowed it with a grant of 12,000 acres of land at Cabramatta. The grant, with a farm of nearly 600 acres at Petersham, near ​Sydney, and the Orphan House and grounds, were held by the committee, consisting of Mrs. King, Mrs. Paterson, Rev. Samuel Marsden, the principal surgeon (T. Jamison), the commissary (J. Palmer), and the naval officer (Dr. Harris).
How necessary, and how beneficial, the institution has been may be gathered from the last paper (1806) in which its founder described it. There were then 1808 children of both sexes under nineteen years of age. Only 900 of them were legitimate. Four hundred and thirty-four were maintained from the government stores, the rest by their parents. The managing committee, under the Governor, had remained almost the same throughout. When Marsden went to England he handed to the succeeding secretary £845.
Six of the girls had been well married and portioned with £10 sterling each, and eleven had been apprenticed to officers' wives, and other respectable persons." Between sixty and seventy girls were in the school. As King sailed with his wife from Port Jackson in 1806, in the ship which carried Mr. Marsden also, he wrote:
"A most sincere wish is formed by those who have had the principal management of it, and are about to leave the colony, that its success and good management may long continue, being well persuaded that nothing else can make the rising generation useful to themselves or creditable to the country their parents came from. Nor can those who have felt such anxiety for the success of this benevolent institution lose sight of the land it is placed in without repeating the sentence—Esto Perpetua—which has been adopted as the motto of the asylum, and engraved on a stone placed over the front door of the house, with the month and year of its commencement (21st August 1801).
When King retired, in 1806, he wrote a separate despatch announcing that Governor Bligh would protect the institution, the intention of which would be "materially promoted by his amiable daughter having undertaken to succeed Mrs. King in the internal superintendence."
​King's published orders prove that there was hardly any exercise of authority which he avoided, and a few instances will give a life-like picture of the social condition of the colony. Writing to the Duke of Portland (1st March 1802) he described the demands upon his time thus:—
"The most rigid economy is observed . . . nor is there a nail issued but by my written order, which takes up one entire day in the week, nor am I less occupied the remaining days in other objects of public duty; nor can the affairs of this colony be transacted in any other manner than by the Governor's immediate direction and control in every and the most minute public transaction."
When soon after Hunter's departure it was ascertained that numbers of convicts, by bribes to clerks (also convicts) employed by the government, had fraudulently procured the alteration of the registers of their sentences, stringent measures were taken and musters both of convicts and settlers were rigidly enforced. It was necessary even for a free labourer to carry a pass from a magistrate. A General Order is worth perusal:
"6th Aug. 1802. The settlers, and other persons cultivating or occupying grounds by grant, lease, rental, or permission, will be mustered by the Governor, at the following times and places, viz.:—Those in Sydney and its districts at Government House there, on Tuesday morning, the 10th instant, at eight o'clock. At Parramatta . . . at Government House there . . . at eight a.m. At Hawkesbury at Government House there on Monday morning, the 16th instant, at eight o'clock Officers, civil and military, holding ground as above, are directed to give an account of their farms, stock, &c., according to the forms left with the Governor's secretary, the Rev. Mr. Marsden, and T. Arndell, Esq. Those forms are to be filled up previous to the day of muster at the respective settlements where the farms may be placed."
In 1801 and 1802, by General Orders, limitations were imposed as to the number of assigned servants allowed, and as to those who, when assigned, "would be victualled by the Crown."
In August 1798 Hunter had issued injunctions for due observance of the Sabbath by all in the colony; and directed "that the women, who, to their disgrace, are far worse than the men, be most strictly looked after, and ordered to attend Divine service regularly, or they will expose themselves to punishment." "As example from superiors is certainly highly effectual in all such cases," officers were told to send their domestics to church, and the Governor
"desires he MAY have, and he trusts he SHALL have, the assistance of the whole body of the officers, both civil and military." . . . "If due ​attention is not paid to these Orders, and such shameful conduct in the people more rigidly looked after, the Governor is resolved to shut up every public-house, and to prosecute with the utmost rigour all who shall attempt to retail strong liquors without regular permission."
Hunter repeated his Orders in 1799 and 1800. King confirmed them in October 1800, and added:—"All sentinels and watchmen are to confine every person who may be strolling about the towns of Sydney and Parramatta during the hours of Divine service."
The missionaries who took refuge in Sydney when driven from Tahiti in 1798, were kindly received by Governor Hunter; and Mr. Johnson, the chaplain, testified to the Church Missionary Society that several of them had "almost from the first gone to the settlements established in different parts of the colony to preach and exhort amongst the settlers." Mr. Johnson's retirement in 1801 left Samuel Marsden in the post of principal chaplain, and King's despatches (1804) prove that the missionaries still laboured.
"For the last three years we have had but one regular clergyman, who does duty on Sunday morning at Sydney, and in the afternoon at Parramatta, and generally once in the week he visits one of the out districts for this purpose; and so sensible have I been, in conformity with my early education, of enforcing an attendance to religious duties, that I have caused three missionaries, formerly at Tahiti, with their families, to be victualled, and receive other indulgences, as a recompense for their reading prayers and preaching every Sunday at those settlements that the Rev. S. Marsden cannot attend, and I am happy to assure your Lordship, from my own knowledge, that those religions meetings are duly and numerously attended."
In another despatch King mentioned that he had given a conditional emancipation to the Rev. Mr. Fulton, "sent from Ireland for seditious practices," and "directed him to perform Divine Service at Norfolk Island," Mr. Fulton's conduct after arriving in the colony having been "most exemplary." Mr. Fulton belonged to the Church of England.
The appointment of the Roman Catholic priest, Dixon, was discontinued in 1804, when the rebellion showed that if he was loyal he was unable to control his countrymen, while if he was disloyal there was no need to encourage him. When news of the Battle of Trafalgar reached Sydney, the next Sunday was appointed as a Day of Thanksgiving. ​Services were held at Sydney, in front of Government House, Parramatta, Castle Hill, and Hawkesbury, "at which places all persons not prevented by sickness are expected to attend." Three volleys were fired after the service, and the battery at Dawes' Point fired a salute.
The general powers of the Governor were freely resorted to by King, though it must be remembered to his credit that at Norfolk Island he stoutly contended that no freed man should be flogged. In July 1804 “a general muster of all the male prisoners on and off the stores; also freemen of all descriptions (except those who hold ground by grant, lease, or rental) on or off the stores" was ordered to be held. Women were to attend on a different day. "All persons who do not appear at these musters will be taken up as vagrants, and punished to the utmost extent of the law, if free.” Prisoners failing to attend were to be sent to the gaol gang for twelve months. On the 4th Aug. 1804 it was ordered that no
"prisoner or freeman who is not a settler, is to leave the place he resides in without a pass from the magistrate or officer in command of the district. . . . If a freeman offends he will, on conviction, labour three months for the public; a prisoner to receive a corporal punishment, at the discretion of the magistrates, not exceeding 100 lashes. . . . Persons employing or harbouring any prisoner or freeman without seeing his certificate or permission, will on conviction be fined £5, and 2s. 6d. for each day such freeman or prisoner has been harboured or employed; and £20, with 2s. 6d. each day any prisoner has been harboured or employed until he is regularly indented for, according to the Orders of 6th Jan. 1804."
​"A few days previous to Governor Hunter's departure from this colony, the person who acted as his clerk was discovered to have made several erasements in the indents sent with the convicts to this colony, which it has since appeared was done for the reward of £12 for changing from 'life' to seven years, and more in some cases. It appeared that at least 200 prisoners have had their terms thus changed, which has introduced such confusion into the indents and Orders-in-Council by which these convicts were transported, that there is great difficulty in tracing any convict's term of transportation, but by secret inquiries and secondary means.
"It has lately been discovered that the (convict) clerks in my office have had similar transactions, and received considerable property from convicts to change their times, but as the indents and Orders-in-Council have been constantly in my own possession they were soon detected, and a stop put to it, as your Lordship will perceive by the enclosed notice. I have felt it my duty to state this circumstance to account for the numbers who may have been taken up in England as having escaped from this colony."
Condign punishment was meted out to clerks on several occasions. Transportation to Norfolk Island was a ready resource. To facilitate detection Lord Hobart (29th Aug. 1802) transmitted duplicate lists of the convicts sent to the colony during Hunter's "administration, specifying the several periods of their respective sentences." The escape of convicts concealed in departing vessels (even without the connivance of the captains) may be illustrated by one example. S. Halerow, of La Fortune, private ship of war, wrote thus, 3rd Feb. 1802, to King from Rio Janeiro:
"After leaving Port Jackson (June 1801), and your officers attending to search the ship and to muster the people permitted by your Excellency to come on board, near three days had elapsed when it was observed there were a number of strange faces upon deck. The hands were called out, and found, upon muster, nineteen men who had found means to get on board and stow themselves away, which men were immediately confined in irons and put on prisoners' allowance. I found they were sickly from confinement, and was obliged to release them for the benefit of their health."
​ The "stowaways," as convicts concealed in ships were called, had in 1799 caused a remonstrance from India to Governor Hunter, against the system which permitted them to escape to India. Not only was it desired to exclude convicts under sentence, but "those of every description, whether the period of their transportation should have expired or otherwise."
King made stringent orders to meet the Marquis of Wellesley's views, and transmitted copies to each presidency. Early in 1805 he made them more stringent. The master of every ship was compelled, "before entering into any communication with the settlement, to give security, himself in £500,
"and two sufficient freeholders or well-known merchants or lealers in the sum of £50 each, not to carry off any person whatever without the Governor's certificate of a convict having served his or her term of transportation, and a free man or woman having no detainer lodged. Nor is he to depart himself without the Governor's leave, under an additional penalty of £50."
The ill-usage to which the convicts were sometimes subjected deserves exposure. An inhuman master of a ship with a cargo of convicts exercised powers of which it was hard to prevent the abuse. A vessel, the Royal Admiral, arrived (Nov. 1800) with convicts who had suffered much on the voyage. Writing (30th Oct. 1802) King said he did not apprehend they would ever recover strength. It was his custom to visit newly-arrived vessels and inquire how the prisoners had behaved, and whether they themselves desired to prefer complaints. He wrote (Oct. 1802) that in June and July 1802 the Hercules and Atlas arrived with Irish convicts, "after a passage of nearly seven months, with nearly the whole of the convicts in a dead or in a dying state." Sixty-three out of 151 male convicts in the Atlas died on the voyage. By the logbook, &c., your Lordship "will observe the dreadful diseases that raged on board those ships, and the consequent great mortality, exclusive of the numbers killed on board the Hercules in a mutiny." The miserable state of the survivors, their filthy condition on arrival, and the fact that a quantity of merchandise had deprived the convicts of air and means of cleanliness, had demanded an investigation. The case was rendered more glaring by the ​ fact that five other convict ships had recently arrived with all their people "in excellent state of health and strength of body," while those in the Hercules and Atlas were "in a state shocking to humanity." To the master of the Coromandel King conveyed his pleasure "at the general thankfulness and gratitude every prisoner expressed for your care and attention during the voyage."
On arrival of the Atlas and Hercules "some of the convicts were lying dead with heavy irons on, and many died as they were coming from the ship to the hospital. King's commissioners, Lieut. Fowler, of H.M.S. Investigator, Dr. Harris, the naval officer, and Mr. Law, master of a South Sea whaler, condemned the gross misconduct on board of the Hercules and Atlas.
Proceedings were taken against the master of the Atlas by T. Jamison, the surgeon, who had sailed as a passenger, but was compelled to leave the ship at Rio. The abductor, H. B. Hayes, associated intimately with the master, and Jamison brought actions against both, in Sydney. Hayes was sentenced to six months' imprisonment; Brooks, the master, was ordered to pay £100 damages.
The commander of the Hercules (Betts) reported a mutiny. Two sentinels were on the quarter-deck. The other soldiers were between decks and unarmed. The master, chief officer, surgeon, and purser, with Captain Wilson, a passenger, were at dinner. Screams of convict women were heard. A rush had been made, and the sentinel was overpowered.
"I came forward with my officers and Captain Wilson, and immediately shot one man, who had a blunderbuss presented at me, but the piece did not go off; some more of the insurgents were killed by the rest of the party; and the convicts, seeing their intentions frustrated, ran forward as speedily as they came aft, and the ship's company and troops now being collected together, began to vent their rage upon such of the insurgents as were to be found on deck, in heating them with cutlasses and the butt-ends of their muskets, until at length they forced them down into the prison. When the tumult had entirely subsided we found twelve of the convicts killed, and ten wounded, two of whom died soon after. . . . It may be necessary to remark that Jeremiah Prendergass, who towards the latter end of the affray I had been obliged to shoot, was a desperate ringleader, ​and a man that had been reported to me as a person singled out to head another party in case the first had failed. I had this information from James Tracy, who then conceived himself in a dying state. He is now living."
The defence of the shooting of Prendergass seemed indirectly to prove that "the latter end of the affray" was misnamed. King's commissioners were directed "to inquire whether the master was necessitated to proceed to such extremities." They thought he was, but that the matter should be brought under the cognizance of the Vice-Admiralty Court.
Five sailors were tried for complicity in the mutiny, and were acquitted. Betts was tried for the shooting in the affray, and for shooting the ringleader "(it was alleged) some time after the mutiny."
"On the first count he was acquitted, and in the second he was found guilty of manslaughter, and sentenced by the Court to pay £500 to the Orphan School, and to be imprisoned until it was paid. As a doubt arose in my mind respecting the propriety of his being fined, I have given a conditional remission of that part of the sentence, which I have referred to the Judge of the Admiralty Court for His Majesty's pleasure being signified thereon; and that the course of justice may not be perverted (if I am wrong respecting the fine), the master is bound over to abide by that determination and to surrender himself within five days after his arrival in the port of London."
King "respectfully hoped" that if the sentence should be confirmed the money might be "transmitted for the benefit of the institution it was adjudged to." While he wrote these despatches the military were combined to oppose him, and Paterson was withholding information as to the designs of the French, but under no circumstances was the Orphan School forgotten.
The escape of convicts by ships required continual watching. When Flinders was sailing from Sydney in 1808 as passenger in H.M.S. Porpoise, King instructed him to deliver to the Dutch commandant at Timor, to labour there, any convicts who might be found secreted in the Porpoise or the ships accompanying her. The labour was to be "a sufficient indemnification" for the provisions. If the Dutchmen would not receive runaways found in the Porpoise, Flinders was to exact a bond from the masters of the ships to deliver the prisoners into custody in India for ​re-transmission to Sydney, or to take them to England if no ship was about to sail to Australia from India. All that Flinders did he was to report in England.
The Governor-General in India was as arbitrary as the Governor in Sydney. A convict was landed in Calcutta in 1800 from the ship Hunter, commanded by one Hingston. The Marquis Wellesley directed the seizure of Hingston and his ship, and that steps should be taken to condemn the vessel and all the "persons engaged in an illicit trade in India in violation of the chartered rights" of the East India Company. The alarmed Hingston falsely averred that he had gone to India with the approbation of Governor Hunter, and the Marquis relented. King exposed Hingston's fraud, and hoped (Oct. 1801) that the Indian Government would put no faith in similar declarations made by persons not holding
"my permission in writing, which will never be granted except in such cases of necessity as are at present unforeseen. . . . I feel much obliged by your Excellency's wish to promote the interests of this colony, and you may rest assured that no exertions shall be wanting on my part to prevent the emigration of any description of people from this colony to any port in India."
King sent (1802) to the East India Company's supercargo at Canton lists of all persons permitted by him to leave the colony, and suggested that passengers in ships sailing from the colony by way of China to England should be mustered on arrival at, and departure from, Macao. By these means he preserved the goodwill of the Governor-General, which was of no slight benefit to the struggling colony, sorely in need of food and live stock in the beginning of the century.
American vessels sinned against the Ordinances of the Governor. In 1804 two of them were ordered to leave the harbour at a few hours' notice. In 1806 another American vessel, having shipped a British subject contrary to law, was forbidden to land any part of her cargo.
Port Jackson saw strange scenes in the beginning of the century. In 1806 there was a mutiny on board the colonial schooner Governor Hunter. All persons "concerned in colonial vessels were ordered to cause the people they employed to go on board some of the vessels in the Cove at 8 a.m. to witness the punishment to be inflicted on these ​daring offenders, whose example it is hoped will prevent acts of so destructive a tendency." The Sydney Gazette narrated that the mutineers "were punished through the Cove in different boats equipped for that purpose."
The money question troubled the colonists before the end of the eighteenth century. By proclamation (Nov. 1800) King notified that His Majesty had graciously sent a supply of copper coin, which was to pass current at the rate of twopence for each coin weighing one ounce, stamped with the profile of His Majesty on one side and Britannia on the other." At the same time a table of specie legally circulating in the colony was published.
| A guinea | £1002000 | A Spanish dollar | £0005000 |
| A johanna | 4000000 | A rupee | 0002006 |
| A half-ditto | 2000000 | A Dutch guilder | 0002000 |
| A ducat | 0009006 | An English shilling | 0001001 |
| A gold mohur | 1 17006 | A copper coin of one ounce | 0000002 |
| A pagoda | 0008000 | | |
| God save the King. ||||
Exportation or importation of copper coin by the public was forbidden under severe penalties, and confiscation of the coin; and the authorized copper coin could not be legally tendered in sums exceeding five pounds sterling. In 1804, to check "vexatious suits," King fixed the rate of interest at 8 per cent.; anyone receiving more than that rate was to forfeit "treble the value, to be appropriated to such fund as the Governor may direct."
In 1803 a Government mineralogist accompanied Collins to Port Phillip. But the golden treasures of that part of the colony were not then to be unlocked. In 1805 the same mineralogist was at Sydney and it was ordered that he should "pass uninterrupted and receive assistance in his researches."
In 1801 the settlers at the Hawkesbury, alleging that they could not pay their debts "owing to extortions practised upon them," petitioned "for one year's suspension of the Civil Courts of Judicature." The Governor reminded them of "the inconsiderate conduct of a great part of those whose names appear in the petition and the flagrant abuses they have made of the exertions used to extricate them from the state they were in last year." They had ​ not been obedient "in reducing the price of labour among the freemen," and he was "sorry to observe that idleness and dissipation among the settlers, which must ever keep them in a state of abject poverty and dependence: he means their destructive propensity to the use of spirituous liquors, to obtain a taste of which many of them have sacrificed the fruits of their whole year's labour and maintenance." He hoped that the success of the whale fishery and the efforts of the Government to supply the settlers with articles at a low price would excite a general spirit of exertion;" he had postponed the meeting of the Court till after the sowing of wheat was finished, but it would be a flagrant breach of his duty to impede the due course of the law, though he hoped the creditors would not be needlessly oppressive.
The Orders to restrain traffic in spirits have been spoken of. With regard to general traffic it was announced (1st Oct. 1800) by General Order aimed against monopoly and extortion—
that the inhabitants will be informed whether government purchases the whole or any part, and notice published of the rates at which such articles will be delivered to the inhabitants from the public stores under proper and equal restrictions; and should the Governor decline purchasing on the public account, measures will be taken to ascertain the value of the articles, and in no case will private retailers be allowed to charge more than 20 per cent. on the purchase from the ship." . . . "And as it has been the custom of dealers and their agents in this colony, in order to recover the ruinous charges they have made on individuals, to procure their notes of hand for payment, without specifying how those debts have been incurred, the Governor, considering himself authorized by his instructions, and the local situation of the colony and its inhabitants, hereby directs the members of the Civil Courts of Judicature not to take cognizance of any suit, action or demand for the recovery of any alleged debts, unless the plaintiff produces a bill (and on oath if required), specifying the consideration and the price for which the defendant becomes indebted to him."
The sailor borrowed a leaf from the book of Edward the First, when some of the clergy, dishonourably servile to a foreign yoke, would have rejected their duty to the State. He denied them in return the benefit of his courts, and the insults and rapine to which they were exposed brought them back to obedience. Promissory notes of all kinds, and forgeries, gave trouble. In 1800 written promissory notes were forbidden (after 30th Nov.), and "that the ​ inhabitants may not lose their claims on each other, and for their future accommodation, blank printed forms" were supplied by the government. An Order in 1802 rendered it compulsory to register every assignment of property, unregistered assignments being made illegal. An Ordinance of 1801 prescribed that bakers should use only one quality of flour, i.e., of meal from which 24 lbs. of bran had been taken from 100 lbs. Offending bakers were to be fined £10, and their ovens were to be pulled down. The weight of the loaf was fixed, and (15th May 1801) a General Order notified that for selling a loaf 6 ozs. short in weight a baker's oven had been pulled down and he had been fined. "This notice is inserted to convince every description of persons that the Governor is determined on having his orders enforced." Butchers also were licensed. By a Proclamation (16th March 1802), King announced that he and the magistrates would license two butchers in Sydney and one in Parramatta. Unlicensed persons would be fined £5 for each offence. No cow, ewe, or breeding sow was to be killed. Weekly returns of the male stock slaughtered were to be given to the Governor. Licensees were to give no more than 13d. per lb. for mutton, and 6d. per lb. for swine's flesh, and to "demand no more than 15d. per lb. for mutton and 8d. per lb. for swine's flesh." In Oct. 1804, the butchers having "combined with a few individuals," further Orders extended the number of licensed butchers to six in Sydney, two at Parramatta, and one at Hawkesbury. The price of beef was fixed (from the average of tenders) at 1s. 9d. per lb., of mutton at 1s., and of pork at 8½d. Each licensee was to pay £2 sterling to the Orphan Fund.
A public brewery was established at Parramatta in 1803. King wrote (Aug. 1808):—"Much barley has been saved this year. I hope a final blow will be given to the desire of obtaining, as well as the importation of, spirits, the yearly difference of which your Lordship will observe by the enclosed return." It was difficult to keep watch over convict servants and overseers, and after a time the brewery was let at a rate which returned interest on its cost. Flax and woollen factories were established, and prices for their products were fixed. Salt was made in pans, both in ​Sydney and at Newcastle. The establishment at Sydney, like the brewery, was, for greater economy, leased after a time.
Like his predecessors King paid attention to agriculture, but he is reported to have said, like Phillip, that he could not make farmers out of pickpockets.
In 1801 he made, and in 1804 he repeated, an Order that—
"No person whatever is to set fire to any stubble without giving his neighbours sufficient notice; and not then until every person is prepared by having their wheat stacked and secured. Should any person neglect this necessary regulation, they will, on conviction, be obliged to make good all losses sustained by such neglect. No persons whatever are to smoke pipes or light fires near any wheat-stacks, public or private."
From a "muster in 1806" King compiled the following statement:
| Land held by— | Acres Sown. | Pasture. | Fallow. | Total. |
| The Crown | 336 | 80,915 | 854 | 82,105 |
| 32 Civil Officers | 839 | 12,431 | 2,350 | 15,620 |
| 29 Military and Naval Officers | 155 | 19,439 | 1,103 | 20,697 |
| 329 holding various allotments up to and including 30 acres each | 3,233 | 1,522 | 905 | 5,660 |
| 56 from 30 to 50 acres | 839 | 1,099 | 330 | 2,268 |
| 143 from 50 to 100 acres | 2,321 | 7,817 | 1,038 | 11,176 |
| 82 from 100 to 200 acres | 2,496 | 7,664 | 1,023 | 11,183 |
| 23 from 200 to 300 acres | 998 | 3,622 | 645 | 5,265 |
| 13 from 300 acres upwards | 474 | 10,296 | 1,138 | 11,905 |
| | 11,691 | 144,805 | 9,386 | 165,882 |
About 20,000 acres had been "cleared of timber." Of the acres in cultivation, about 6000 were in wheat, nearly 4000 in maize, 1000 in barley, only 80 acres in oats, 433 in "orchard and garden," 185 in potatoes, and less than 40 in pease and beans. The average yield was 16 bushels of wheat per acre; of maize, 25 to 30 bushels. There were large reserves of land for public uses.
Reserved for government allotments there were—
exclusive of the ground the towns stand on" (as a précis in King's handwriting informs us). In 1805 the Judge-Advocate notified by command the rights appertaining to commons, and the residentiary trustees throughout the colony. The distribution of land and grants before and during King's government was thus stated by him in 1806:
| | Acres Granted and Purchased before 1800. | Acres Granted and Purchased since 1800. |
| 32 Civil Officers | 7,190 | 7,930 |
| 29 Military and 6 Naval Officers | 10,186 | 10,700 |
| 74 settlers, free, from England | 1,440 | 6,751 |
| 38 from ships | 805 | 4,584 |
| 13 born in the colony and came free | — | 4,668 |
| 80 discharged soldiers and seamen | 2,480 | 5,329 |
| 405 from late convicts | 11,593 | 7,073 |
| Association, 2 officers | 1,930 | 7,000 |
The live stock was estimated thus:—
| Belonging to "The Crown"— | Horses. | Cattle. | Sheep. | Goats. | Pigs. |
| In New South Wales | 34 | 2,158 | 1,068 | — | 191 |
| In Norfolk Island | 5 | 23 | 1,228 | — | 27 |
| In Hobart | 6 | 194 | 225 | — | 4 |
| In Port Dalrymple | 3 | 287 | 200 | — | |
| | 48 | 2,662 | 2,721 | — | 222 |
| To "Individuals"— | | | | | |
| In New South Wales | 518 | 2,128 | 20,389 | 2,283 | 6,797 |
​King's despatches abound with proofs of his encouragement of farming, and Mr. Marsden actively seconded the Governor's efforts. In the fixing of task-work for the "government gangs" we find Marsden recommending the separation of the idle from the hardworking, so that the latter might not suffer from the shortcomings of the former. At the same time he urged that the "task of fire-making" in clearing timber should be reduced from sixty-three rods, which was excessive, to forty, which was fair. Though strict, the reverend farmer was just.
How pressing is "the art of our necessities," and how, under varying conditions, human wants dictate kindred measures, was shown by the proclamation of commons for the use of settlers. The community seemed to crave the distinction of land into town, arable, and waste lands, which preceded among our ancestors the feudal system of the Conqueror, and which in the eighteenth century were being rapidly obliterated in England. The sailor Governor, alive to the existence of commons in England, reverted to them as essential to the need of those reprobates of the Aryan family, whom he was appointed to control. He enforced the right of the general body to prevent waste. He told Lord Hobart (Oct. 1802), "those to whom on the same account (industry) I have given additional quantities of land, I have prevented from leaving or making away with it by granting it to their children, who are precluded from alienating it before they have attained the age of twenty-one years, and then not to dispose of it without the Governor's consent first obtained."
As the patriarch of the community, he asserted rights on its behalf, which, in the dim ages, primitive households arrogated to themselves in the cradles of the Aryan race. The possession of the fee by individuals was sometimes barred by the imperious claims of the household and the clan. The modern instincts which make freeholds dear to Englishmen had brought about the acquisition of homesteads, and in a few of them the word "home" was becoming precious. But the town or village community having being formed at Sydney and elsewhere, and farms having been fenced in and cultivated at various places, another want was impressed upon the Governor's mind. ​ He was "warned of the necessity" by inconvenience experienced by the Hawkesbury settlers, "who, having others placed immediately behind them, had no means of having their allotments enlarged for their increasing and acquired stock." The common or waste land of the ancient Aryans was therefore established in the forests of Australia. "To remedy that evil your Lordship will observe by the chart that I have granted a tract of land to the settlers of Nelson district as a common ground for grazing their cattle and sheep, which shall be as generally extended as possible to other districts." Thus were the problems (the tracing of which in times past exercises antiquarian research) dealt with on the spur of occasion in a new field. A year afterwarrs King wrote that every industrious settler was possessed of some kind of live stock, to feed which
"requires pasturage. To give all two or three hundred acres would soon alienate all the disposable land adjacent to the settlers, and to give particular people three or four hundred acres in places of their own selection would soon reduce the small farmer to sell his farm and stock (because he cannot feed them) to the person who can command money or its worth."
The Governor did not affect to have discovered a principle. In a Gazette notice he declared that in order to secure pasturage for the use of settlers the common lands were to be held and used by the inhabitants of the respective districts as common lands are held and used in that part of Great Britain called England."
Incessant efforts were made to induce the farmers to use the plough, but it was by slow degrees that the hoe gave way. In 1806 King wrote: "The plough is now used by many, and from its evident advantage will in time be preferred to the hoe." On ground where wheat was blighted he said: "It is to be lamented that no example or advice can turn the settlers. . . . from throwing away their labour and time to procure a wheaten cake, to raise a certain and plentiful crop of maize."
The extent of cultivation carried on by the Government was diminished by order of Lord Hobart, as soon as the industry of the settlers augmented after repression of the traffic in spirits. Lord Hobart's order was obeyed, but King pointed out that the "distant observer could not be ​acquainted with the local difficulty of raising grain for the annual supply of those necessarily victualled from the public stores. In times of plenty settlers grumbled if the government declined to buy a superabundance of grain. When there were losses by reason of drought, or of flood, forestallers ground down the settlers, and the existence of a reserve of government grain was of incalculable value. When the flood of 1806 occurred, the stores of 1805 (35,510 bushels of wheat, and 96,080 of maize) averted famine, and even after the drain upon the resources of the government in 1806 there were nearly 5000 bushels of wheat, and more than the same number of maize in stock.
In modern times, when high prices are given for well-bred stock, it is interesting to look back upon the casual and heterogeneous importations in the infancy of the colony. Cattle were taken originally by Phillip from the Cape of Good Hope. What was called the "small Buffalo breed" was afterwards imported from Calcutta at various times. A Spanish ship left an Andalusian cow in 1794. An English bull and cow, neither of which had horns, were sent in 1796 from St. Helena, and "much improved the herds in the colony." When Mr. Blaxland arrived in 1806 he was astonished at the excellence of the progeny of the St. Helena bull. A disease broke out in time of drought in 1803. "A spongy substance" appeared on the tongue which prevented the cattle from eating. On its removal disease in the foot followed, which extended to the sheep. A few animals died, but on the breaking up of the drought all disease disappeared
Clover and lucerne were cultivated, the latter "yielding at least four cuttings a-year," but few farmers used it because it was intolerant of being depastured upon. Governor Phillip carried horses from the Cape of Good Hope in the first fleet. Before 1806 Arab and Persian stallions were imported from the East Indies. In 1802 ​ "a very strong bony stallion was brought from England by an officer." The studs had thus been improved, and there were more than 300 brood mares, but the Governor looked for more benefit if two blood stallions could be sent by a safe conveyance."
In the memorable March of 1806 trouble from the elements descended upon the settlement. "The great flood" took place at the Hawkesbury. Traces of high floods had been observed by Phillip and his companions when they discovered the river. The natives confirmed their surmises. Partial floods occurred after the farms had been taken up, and damage was done, especially in March 1801; but the mountain torrents of the Nepean, the Wollondilly, the Grose, and other tributaries had never poured down their fully-collected wrath upon the colonists until 1806. Early in March a flood covered the lower portions of the alluvial flats between the river and the low ranges at a varying distance from its channel. More rain fell. The waters rose higher and higher; and at last the only refuge for the hapless settlers, who had not betaken themselves to the distant hills while yet the waters permitted, were the roofs of islanded huts round which the tawny torrent was foaming and gurgling. Many cast themselves on heaps of straw, which, floating on the waters, still cohered as a mass and moved ungovernably in the current, some of them even reaching the sea with wretched pigs and poultry clinging to them. Mr. Arndell, the magistrate who represented the government in 1804, was still at the Hawkesbury, and guided the work of saving lives. Boats under his orders plied their humane mission. But the boats were few, and the flooded huts were many. Several settlers distinguished themselves by noble acts of daring and endurance. At night the howling of dogs, the signal-shots of distress, the surging, sullen, sound of the sea of waters, not overwhelming but saddening every voice, gave a horror to the scene which can be understood only ​by those who have experienced it. From fire there may be escape under most circumstances; and its victims are often stifled before the flames reach their prey. For them who cannot swim or are without an ark of safety, the lapping of the rising flood as it mounts by slow but sure ascent before sweeping off its victims is the most relentless persecutor. They are unbound, but are as powerless as though they were chained to a rock. The horror of the scene by day becomes an agony of doubt by night.
One man with his wife, two children, and his mother, with three men, after floating seven miles on a stack of barley, escaped by the exertions of those on land. Tales of distress were relieved by heroic deeds of life-saving. One man swam a mile with a boy upon his shoulders, and swimming a mile in an enraged torrent bearing wreck with its foam is totally different from swimming in smooth water, and without encumbrance of clothes. The misery caused by the flood it was impossible to gauge. The loss of live stock and crops was estimated at £35,248. Hundreds of the inhabitants were homeless, and without means of subsistence. Two hundred and thirty-eight women, four hundred and sixty-one children, and seven hundred and ninety-four men, were objects of relief in a community of seven thousand five hundred persons.
While the waters were retiring, King issued an order (28th March) reducing the rations of those victualled from the public stores. On the 20th June the ration was further reduced, pending the reaping of wheat in November, and the arrival of rice ordered from India.
Special attention to garden cultivation was earnestly impressed upon the settlers, "and particularly turnips, carrots, and cabbage, for which the present season is most favourable." In June the Governor "observed with much concern" that many gardens were neglected in the time of scarcity, and "no vegetables were growing."
​Bakers were to find due security, to deliver no more "to their customers, who are off the store only, than the government ration allows to those on the store weekly;" to deliver weekly lists of such customers; to supply no bread to any one not a regular customer without an order signed by a person appointed for that purpose; to bake "no cakes, biscuit, nor any kind of pastry whatever," nor to expose them for sale, "on penalty of £5 for each offence, and to have their ovens taken down, their license and securities forfeited."
Permits were required for the moving of grain. The Governor issued them at Parramatta. "This order is meant to counteract the infamous attempts of a few monopolizing re-graters, against whom the law is open, and will, on complaint, be rigidly enforced." The price given by the government was raised to fifteen shillings for a bushel of wheat.
The war raging in Europe found distant echoes in New South Wales. The solitary and daring cruisers which naval wars produce scudded over the southern seas. In 1803, when the short-lived peace of Amiens crumbled at the will of Bonaparte, Lord Hobart wrote (16th May), in consequence of the unfavourable "termination of discussions lately depending between His Majesty and the French Government (of the probability of which result I gave you notice in my secret despatch of the 7th instant), His Majesty's ambassador left Paris on the 13th instant." Letters of marque were to be issued. King was to promulgate the fact so as to guard against injury to His Majesty's subjects, "and that they may likewise be prepared to do the utmost within their several stations to distress and annoy the French by making captures of their ships and destroying their commerce. Under these circumstances it will be advisable that homeward-bound merchant ships should wait until such a time as they may have an opportunity of being convoyed home." King called upon all who wished "to contribute to the defence of the colony to give in their names," and announced that all foreigners residing in the colony without his permission were "subject to be put to public labour until an opportunity offers for their leaving the colony or being sent away." A proclamation ​(8th Dec.) declared that the Loyal Associations would be embodied "to guard against the first effects of any unexpected attack from the enemy." The Irish insurrection in March 1804 found the community better prepared than it might have been if not thus aroused to a sense of duty. News arrived fitfully; but prizes were occasionally taken to Port Jackson to be condemned.
In May 1803, when H.M.S. Glatton sailed for England, the Governor wrote that a small trading vessel owned at Madras had recently arrived from South America. Sailing southwards from Coquimbo the captain was "chased by an armed vessel which took his boat and thirteen men." Recent captures on the South American coast were enumerated, and the force of the enemy—"two frigates, a ship of fifty guns (that sails very ill, built in Peru), two armed whalers, a cutter brig, and a lugger. I have judged it proper to state this circumstance to possess your Lordship of the hazard that any commercial enterprise on that coast is attended with."
War tidings stirred the remote sons of England like the booming of distant guns. In Nov. 1804 the sound came to their doors. The look-out officer at the South Head signalled for an officer from head-quarters. Lieut. Houstoun was despatched from Sydney. Two ships were in sight. Drums beat to arms. The New South Wales Corps and the Loyal Association were assembled (Sydney Gazette) to "welcome the strangers." At eleven o'clock in the morning a trooper spurred in haste to Government House. A battle was fought outside the heads. The English whaler Policy (carrying letters of marque), with six twelve-pounders, chased by a Dutch vessel, the Swift, with six eighteen-pounders, made ready for action, bore down upon the Swift, was at close quarters at half-past eleven, and in two hours compelled the Dutchmen to strike their colours. Twenty thousand Spanish dollars were on board the prize, which was duly condemned and sold in Sydney.
As traffic in the Pacific increased, the temptations of a dissolute life began to attract numbers of Europeans, "among whom" (the Governor wrote 30th April 1805) "are some of indifferent not to say bad characters, mostly left by ships going to the north-west of America, whalers, and ​several from this colony who have gained much influence with the chiefs whom they have assisted in their warfare." He regarded the act of an English master, Campbell, of the Harrington, in seizing two Spanish vessels on the coast ​of Peru (when there was no war between Spain and England, though the man alleged his belief that war had been declared), "as leading to these acts if not noticed" and checked. Such practices would be injurious to His Majesty's possessions, and tended to destroy the fishing prosperously established.
"To prevent these growing evils I would respectfully suggest the propriety of two or three sloops of war being stationed here for the purpose of preventing too great a number of bad characters from establishing themselves on the Society Islands, and to prevent many abuses and irregularities on the part of the Americans, as well as for the protection of these settlements generally."
By an Order, in May 1805, King took under his protection all Otaheitans, Sandwich Islanders, and New Zealanders. No one was to take them on board in Sydney without his written order, "which will not be given unless with a certainty of the masters taking them to the island they belong to." Campbell of the Harrington had manned his unlawful prizes with Tahitians, and King declared that "all such Otaheitans, &c., are protected in their properties, claims for wages," and redress, like His Majesty's subjects.
A few words may be said about the control of the convicts as a body. Constant attention was "required to make their labour in the least beneficial." There were, King wrote, exceptions, but the general character of the male convicts was perverse; they were indifferent to labour;
"their perseverance in their crimes could only be corrected and their labour made productive by the inspection and exertion of authority. The overseers placed over this description are not much better, being mostly under sentence of the law, and requiring the incentive of a certain reward, which is limited to the labour of one convict each, and their families victualled from the stores, with the prospect of emancipation, and eventually a free pardon."
Convicts assigned to individuals were permitted to agree with their masters, for increased allowances and money payment, to do additional work. For a year of such extra service the established price was £10. On proof of misconduct during assignment, convicts were "remanded to ​government labour and excluded a similar indulgence during the remainder of their sentence, which in a great measure" secured their good conduct. No magistrate could "inflict a severer corporal punishment than fifty lashes if the Governor is absent, or without his approbation." Of the women convicts, there were "many whom no punishment or kindness could reclaim." Among the most thoroughly abandoned were
"the London females and the greater part of those from Ireland. Among the comparatively few who came from the English counties many are well-behaved women, who soon after their arrival are selected and applied for by the industrious part of the inhabitants, with whom they either marry or cohabit, several being useful in domestic economy, rearing stock, and even in agriculture. The worst are those permitted to accompany their exiled husbands, and who are almost without exception receivers of stolen goods, or lead the most dissolute lives. . . . No more than 360 couple of every description are married in the colony, 170 having been united since 1800. It certainly would be desirable if marriage were more prevalent, as every encouragement is given for their entering into that state, but as the will of the individuals ought in this instance to be free, I cannot say that I approve of a proposed plan to lock all the females up who are not married until they are so fortunate as to obtain husbands."
"On arrival" precautions were taken. Females were placed in the manufactory at Parramatta under care of the resident magistrate. The well-behaved were encouraged to marry. If large numbers were locked up as proposed, instead of marriage being respected it would become a mere act of convenience to escape from imprisonment. As a set-off against the bad character given to the Irishwomen, it should be added that while the male convicts from London were described as vile, the great part of the Irish and men from the interior of England were industrious and persevering.
In all his plans for the benefit of his reprobate subjects the Governor was ably assisted by his wife. She was the life and soul of the management of the Female Orphan Asylum; and without her aid the superintendence of the "factory" (as the place which contained the convict women was called, because they worked there) would have been difficult even for King and the untiring Marsden.
One baneful curse hung upon the colony in the shape of the cloud which surrounded the children even of the free. ​There were no schools to which their parents could send them. The schoolmasters and tutors who could be found were convicts or freedmen. The careful mother had to be present while her children were imbibing from so dubious a fountain. No less than six convicts were pardoned conditionally with the express object that they were "to be schoolmasters," but the schools in which they taught contained the children of the bond.
The total number of men conditionally pardoned by King was 326; of women, twenty-five. Absolute pardons were given to 167 men and to fifteen women. For active and exemplary services at the rebellion in 1804, eight absolute and thirteen conditional pardons were given. Though nine rebels were then executed, it is satisfactory to find that the number of capital convictions carried out in six years under King did not exceed twenty-one. Thirteen suffered as felons, four as forgers, two as murderers, and two for rape. Twenty-eight felons, three murderers, four forgers, and two ravishers received commutations of their sentences. Sixty-five prisoners received free pardons in order to enable them to serve in the New South Wales Corps, in the Loyal Associations, and in various king's ships. Twenty-six received conditional pardons in order that they might serve in colonial vessels and on the Australian coasts. The power of pardon was a potent engine in a Governor's hands; and the repression of the rebellion in 1804 had shown how vigorously he could wield the sword. No sound of treason disturbed him again until a few days before he transferred the government to Bligh.
​The population of New South Wales and its dependencies was thus distributed when King left:—
| | Men. | Women. | Children. | Total. |
| New South Wales | 4224 | 1412 | 1883 | 7519 |
| Norfolk Island | 394 | 183 | 437 | 1014 |
| Hobart | 344 | 73 | 69 | 486 |
| Port Dalrymple | 210 | 33 | 200 | 443 |
| | 5172 | 1701 | 2589 | 9462 |
Among the personal occurrences during King's government the mysterious fate of Bass the explorer deserves mention. That he considered himself slighted by the English Government is shown in several letters. He wrote to King (31st Jan. 1802) from Matavai Bay (Tahiti), that though he had little to communicate, he "would not be thought to fail in that esteem which I have ever held and professed for you out of your official capacity." He had touched at Dusky Bay (New Zealand). He commended the civility of the missionaries at Matavai:
"This civility is all we want, as it appears to be indeed all they have to bestow, for I should not conceive that men in their situation either would wish, or can if they wished it, have much authority amongst the islanders or over us. We neither conceive them to be able to protect an establishment if it was threatened by the natives, nor to chastise us should either Bishop [Bass's partner] or myself be for a moment inclined to relinquish the path of right and just conduct which has for years past been our guide. I would tell you my ideas of the state of hogs in this island, but perhaps you would suspect something of the hocus-pocus in it, as also of the Attabooroo war, but that more will be known of it before this letter leaves Otaheite. Please to present my most respectful compliments to Mrs. King, and believe me to be your faithful friend and humble servant,
"George Bass."
Bass carried a cargo of pork and salt safely to Sydney from Tahiti, and received £2351 12s. 3d. for it. In Dec. 1802 he wrote from his brig, Venus, Sydney Cove. He proposed "the extension of the rising commerce of this territory," and doubted not to receive the Governor's encouragement." "It is said, but your Excellency is the best judge of its truth, that an island abounding with salt has been discovered by Captain Flinders upon the S.W. ​ coast of this island. Taking for granted the existence of such an island, I shall proceed with my proposal." He would load the Venus with the salt, sail to Batavia, and
"under favour of your Excellency produce (to the Governor there) some paper from you, signifying that I was an adventurer upon no other than a voyage of lawful commerce. From Batavia I would load the Venus back to this colony with rice, sugar, arrack, coffee, and Java horses. . . . . I cannot be ignorant of your Excellency's unremitting exertions to prevent the excessive importation of spirits into this colony, nor am I ignorant that you find the necessity of importing certain quantities of common spirit occasionally for the use and due support of the labouring people. Now, the quantity of arrack to be by me imported I would leave to your Excellency's judgment, and upon its arrival here, after the government's necessities are supplied, I shall most cheerfully submit to your will in the disposal of the rest, as to time, quantity, and persons, so that no ill consequences may be likely to ensue from an improper issue."
He would sail to the westward through that strait "which I had the good fortune to discover in 1798, and which through the favour of his late Excellency Governor Hunter bears my name." He would lay his journals and charts before King on his return, but added: "I cannot here refrain from remarking that my unwillingness to exhibit to your Excellency the journal and sketches of the discoveries I have made during my late voyage arises from no other cause than the unparalleled neglect I have met with from the British Government for my services in this country formerly."
Looking forward to a safe return, after extending his voyage to South America to procure guanacos, he carved out a new career for himself. On the 30th Jan, 1803 he wrote again to the Governor. By his recent voyage to the Society Islands he had enabled King to issue meat from the public stores at greatly diminished cost, "thus furthering your arduous exertions and producing to myself a profitable though very moderate return." He wished to do more with the same view. "I have every proof short of actual experiment that fish may be caught in abundance near the south part of the south island of New Zealand or at the neighbouring islands, and that a large quantity might be ​supplied annually to the public stores. Government aiding me in the project, I will make the experiment." The aid asked for was "exclusive privilege or lease of the south part of New Zealand, or that south of Dusky Bay, drawing the line in the same parallel of latitude across to the east side of the island, . . . . together with ten leagues of sea around their coasts." The lease was to be for seven years, renewable to twenty-one if successful during the seven. The first seven years being probationary, he could not undertake to supply any specific quantity, and therefore did not ask the government to bind itself to receive any fixed quantity.
For fish delivered he would be content with a price less by one penny a pound than the cost of a meat ration. "If your Excellency thinks the above proposal worthy your notice, I request at once to have the privilege that I may begin to set matters in motion. If I can draw up food from the sea in places which are lying useless to the world, I surely am entitled to make an exclusive property of the fruits of my ingenuity as much as the man who obtains letters patent for a corkscrew or a cake of blacking."
King seconded Bass's project. It was to be at Bass's risk; the government was not bound to buy. Bass's last voyage had been most lucrative to the government in obtaining pork. He presumed that every encouragement should be given, and that the project would
"be attended with much advantage, but how far the lands described by him can or ought with propriety to be leased to Mr. Bass for so laudable an undertaking I must submit to your Lordship's wisdom, as the permission I shall give him to that effect will be conditional until I have the honour to receive your Lordship's instructions on this point."
The fishing scheme was not to be proved until the return of Bass from the cruise to Batavia and elsewhere. Meanwhile he projected a new scheme. King wrote:
​Bass sailed in February. His certificate from King stated that
"Mr. George Bass, of the brigantine Venus, has been employed since the 1st day of Nov., 1801, upon His Britannic Majesty's service, in procuring provisions, and still continues those exertions. Now should he, in order to avoid a long and precarious research amongst the islands of the Pacific Ocean, find it expedient to resort to any harbour or port in His Catholic Majesty's dominions upon the west coast of America, this instrument is intended to declare my full belief that his sole object in going will be to procure animal food and live stock for breeding, which the colony is much in want, of. . . . I have therefore to request that all Governors or Commanders-in-Chief of any of the ports or places in His Catholic Majesty's territories, where the aforesaid Mr. George Bass may happen to touch, will not only afford him their countenance and protection, but also assist him so far as may be consistent with their instructions.. . . . (3rd Feb. 1803)."
A shipping list informs us that Bass sailed on the 5th of Feb., comforted, we may hope, by the thought that the Governor was not one of those from whom he had met "unparalleled neglect." As regards Bass, King's despatches tell little more. He warned Lord Hobart in May 1803, and doubtless had discussed with Bass the "hazard of commercial enterprise" on the west coast of America. On the 1st March 1804, he wrote, "After twelve months absence he is not yet returned, which makes me apprehensive for his safety." In April he wrote, "I almost give up hopes of seeing Mr. Bass, who I begin to conjecture has met with some accident." The rest is silence. The gallant explorer is heard of no more.
Rumour, "blown by surmises, jealousies, conjectures, assigned various crimes and deaths to Bass. Because M. Peron wrote that he saw in Sydney, in 1802, armed vessels "intended for contraband trade" with Peru, one historian tells that, "in one of these vessels Mr. Bass risked his fortunes and his life;" that he was taken prisoner and sent to the mines; and that his death was variously ascribed to hardships in captivity, and to shipwreck in an attempt to escape. Contradictory rumours may be allowed ​ to neutralize one another, but not to take the place of truth. As the character of a hero is dear to mankind, all that could be certainly traced has been narrated here to show that of Bass, as much as possible, by his own words and deeds.
When King sent Robbins in 1805, in the Integrity, to explain to Don Lewis de Guzman, the untoward and illegal captures by Campbell, the master of the Harrington, the envoy and the sender must have had a keen sense of the danger of the mission. Both of them had recently learned the treacherous seizure of Flinders at the Mauritius; both of them were persuaded that Bass had met an untimely, perhaps a treacherous end, but neither of them shrank from duty.
A characteristic occurrence in 1801 shows the nature of the cases brought before the Civil Courts in matters of trade; and that King bore no grudges against those who had been troublesome to him in former years. Sergeant Whittle bought, in 1801, one hundred and forty-three packs of cards from one Turnbull. Considering them inferior to the sample, he returned them. Turnbull sued him for the price. The rate of profit fixed under King's orders was 100 per cent. on the goods in the importing ship, but the naval officer certified that the cards were not entered in the manifest. Nevertheless, Turnbull obtained a verdict. King reversed the decision, and directed "the ​ said cards to be confiscated and burnt before the county jail by the public executioner, as a nuisance imported clandestinely into the colony." Turnbull applied for a copy of the Governor's decision, "merely for the satisfaction of principals in England." King replied that he gave no copies of his decisions in appeal,—
"but if it will be any satisfaction to the parties in England, for whom you are concerned, you can inform them that the cards . . . . were brought into this colony and landed by you in a clandestine manner, contrary to every existing order, regulation, and the policy of the colony, and your not entering them subjected you to the penalties of the Manifest Act, exclusive of the forfeiture of your bond of £200."
Friendly overtures were made by King to the islanders of the Pacific. Pomare asked for fire-arms, King sent him six old muskets, and instructed the commander of H.M.S. Porpoise (then going to Tahiti for pork) to deal with the seamen. He hoped that "your Majesty will take care that Captain Scott is not imposed upon" in purchasing pigs. He gave strict injunctions to Scott as to his behaviour to missionaries and natives. A notice (28th March 1801) was sent to Tahiti, warning all masters of English vessels to prevent the disorderly conduct of their crews, "that the British name and character may not suffer in the opinion of the natives by such licentious acts." The missionaries were to be respected, and no cause of offence was to be given to the natives. Contrary conduct would be reported to England, "that delinquents may be brought to justice." The order was sent to a resident missionary.
At a later date (Nov. 1801) the brig Norfolk (56 tons) was sent to Tahiti. The master was to "suffer no natives on board except Otoo, Pomare, and the rest of that family, to whom you will show equal attention, as you observe Lieut. Scott has done." "As Pomare has signified a wish to come to this place, should he persevere in that desire after you have told him the great length of the voyage and the uncomfortableness of the vessel you command, you will not disappoint him by persisting in a refusal to take him on board."
At New Zealand, the kindly feeling created by the restoration of Tookee and Woodoo had ensured kind treatment for British sailors, many of whom visited the Bay of Islands. Tip-a-he was influential there, and in return for ​his civilities King directed the commandant at Norfolk Island to send him some breeding stock. Tip-a-he, anxious to see the author of the gifts, sailed to Sydney in H.M.S. Buffalo, which called at New Zealand. Maurice Margarot was on board as a prisoner at Hobart Town, while Tip-a-he was received as a guest.
Colonel Collins sent presents to Tip-a-he. King wrote to Lord Camden (15th March 1806):
"As he had always been spoken of with the greatest gratitude by the commanders of the South Sea whalers frequenting the Bay of Islands, who have received much kindness from him and his people, I caused every attention to be paid to him; and that he might receive no unpleasant impressions he ate at my table, and was with his four sons comfortably lodged; nor have I a doubt that the attention shown him by the inhabitants in general, and the abundant presents he took from hence, will procure the greatest advantages to our South Sea whalers. This worthy and respectable chief (for so we found him in every sense of the word after residing among us three months) informed me that he had long intended this visit, being encouraged by the report of the two New Zealanders (from) Norfolk Island."
He was inquiring and communicative. He wished to know how the nationality of vessels touching at New Zealand was to be ascertained, and
"complained that a New Zealander had been flogged by the master of a whaler, and hoped that I would give orders that no such act would be committed in future, and very liberally observed that he supposed the master must be a bad character in his own country to commit such violence on a stranger whose countrymen were relieving his wants. I assured him that I would give strict directions that nothing of that kind should happen again, but if unfortunately it should recur, every pains should be taken to bring the offender to justice."
King gave Tip-a-he a silver medal. Some colonists wished to introduce New Zealanders as shepherds in New South Wales. Tip-a-he agreed with the idea, but
"insisted on sending the middling order of people, who would be more expert at labour and tractable than the Emoki, or lower class, who were ​too idle and vicious to send here, and from whom no good could be got. Hence it appears as well as from his general conversation that the Emoki are made to labour by the authority of the chiefs."
King sent Tip-a-he home in the Lady Nelson, and reported that from "everything that passed during the Lady Nelson's stay it is evident that Tip-a-he is a chief of considerable authority." King hoped (26th July 1806) to call at New Zealand on his way to England in the Buffalo, and confirm the friendly relations established with Tip-a-he, so that Governor Bligh (then expected) might derive benefit therefrom.
Visitors to Sydney at the present time can scarcely picture to themselves the aspect of the shore when the Tank stream ran where Pitt-street is laid out, and a watery inlet spread widely over the space near the Sydney Exchange. In August 1803 the Governor reported that amongst other works "we have begun a strong stone bridge to facilitate the communication of the two sides of the Cove at Sydney." A "stone fort" (Fort Phillip) was commenced soon after the rebellion in 1804, and a "stone barrack" had previously been built at Castle Hill. A "stone church" was in course of erection in 1803. The enlargement of the wharf in Sydney, and the construction of the diminutive vessels, the Cumberland and others, which carried the flag of England in the Southern Seas, were duly communicated to the Secretary of State. The assessment" or Customs duty of one shilling a gallon on wine, and sixpence a gallon on wine which King imposed in order to create a "Jail Fund," yielded £3890 13s. 8d. With this he built and maintained gaols at Sydney and Parramatta, discharged other public claims, and left a balance in 1806 in the Treasurer's hands. The approval of the Secretary of State was not withheld from a singular distribution of titular honours in 1802 by Governor King in naming two parishes and churches. It was ordered that Sydney and adjacent districts should be a parish, "to be henceforth named 'Saint Phillip' in honour of the first Governor of this territory;" that Parramatta and certain districts "be henceforward named 'Saint John's,' in honour of the late Governor Captain John Hunter, and that the churches now building at Sydney and Parra​matta be respectively named Saint Phillip and Saint John." Eighteen years afterwards, Mr. Sorell, then Lt.-Governor of Van Diemen's Land, followed this example, and directed that "the new church of Hobart Town shall be called 'Saint David's' Church out of respect for the memory of the late Colonel David Collins, of the Royal Marines, under whose direction the settlement was founded in 1804."
Amongst glimpses of the condition of the people may be noticed an order in June 1804, stating that the "Royal Standard having been hoisted for the first time in this territory on this the anniversary of His Majesty's birth" (amidst salutes and volleys at 9 a.m., and with further firings and salutes at noon, the Governor being ready to receive the compliments of the officers—civil, military, and naval—at half-past one o'clock), free pardons were granted to an officer under sentence of court-martial, to twenty soldiers of the New South Wales Corps, who had previously received conditional emancipations, and to twelve other conditionally emancipated persons, while to sixty-seven prisoners conditional emancipation was given. The different gaol-gangs were liberated, and "the usual allowance of half-a-pint of spirits" was given to each non-commissioned officer and private.
Tradition, neglectful of more important events during King's rule, preserved a few characteristics of his demeanour. We are told that when a man who had been a marine applied for something which the Governor did not think fit to grant, he said, "Can you go through your exercise still?" and being answered in the affirmative, gave the man marching orders while he himself re-entered his house. One occasion a man applied to him for work, and he called the man into another room and showed him a mirror. "Look there, and you will see the man that ought to give you something to do." These and other anecdotes of like import have, in the absence of a true record of occurrences between the departure of Phillip and the appointment of Bligh, been allowed to stand as almost the only redeeming features in the character of the man whose doings are here chronicled, and whose despatches have been largely quoted ​ in order that a faithful portraiture may be obtained by those who may read these pages.
Though the Sydney Gazette teemed with General Orders from which the events of King's career could be gathered, even without access to the despatches, a historian who had access to those Orders and quoted them when it suited his purpose, condemned King—as having wanted perseverance, and having "very soon left things to take their natural course;" as having "neglected to encourage farming;" sanctioned the "grinding monopoly established in favour of the officers of the New South Wales Corps;" allowed the military to retail spirits at £2 or £3 a gallon from every vessel that entered the harbour; and profusely granted to emancipated convicts licenses to sell rum. The same writer averred that neither marrying nor giving in marriage was thought of in the colony under his rule; that "the arm of the civil power was withered under the blasting influence of the miserable system that prevailed;" that industry was neither encouraged nor protected; that bands of "runaway convicts traversed the country in all directions," committing "fearful atrocities;" that "it is at least certain that King recommended the entire abandonment of Norfolk Island;" and that his "administration was on the whole unfortunate for the colony." That all these averments were erroneous the reader of the foregoing pages must know. None but those who know something of Dr. Lang, otherwise than by his own statements, could surmise the grounds upon which, in a history of public affairs, any writer would desire, or would dare if he desired, to impute to a worthy servant of ​ his Sovereign the sanction of crimes which that servant employed his life in correcting.
​ When a man's career has been blackened by one writer, it is insufficient for another to assert that the first is untrustworthy. History cannot be written negatively. Those who know the vindicator of the truth will, of course, believe him, but he writes for many who know him not. Under these circumstances the government of King has been chosen to illustrate the daily doings of the colonists; to trace their household life and their excursions of discovery; to follow them to the camp, the market-place, the reformatory; to describe the Courts, Civil and Criminal, and the arbitrary edicts of the Governor; and the steps taken on his recommendation to guard the shores of Australia from the talons of the eagles of Napoleon. It would be tedious to write all history at such length; but an air of romance clings to the character of pilgrim fathers and of expeditionary governors, and no period seemed fitter for picturing the life of the colony than the one which previous misrepresentations had made it necessary to examine closely. The fibres of the transplanted tree reward scrutiny better in the time of King than at any other period. History is but the drama of the lives of those who pass like waves over the ocean of time. Many scenes must be unrepresented, but "the age and body of the time, its form and pressure," ought to be made known. Scenes which have been by others falsely exhibited have now been shown in their true colours, under the light obtained from contemporary records, not written to deceive, but prompted by the exigencies of the hour; in a time of war, of tumult, and of pressing needs.
To dispel falsehood and bring truth to light has been a labour which, though often toilsome in poring over musty manuscripts, has been lightened by the hope of communicating to others the sparks of long-lost truth which have gleamed upon the author in the course of his researches. He has aimed not to represent King as wiser than he was, but to show exactly how and why he acted. His was a discretionary government, often highly arbitrary. It was incompatible with any extant written law, and when he required new powers he wrote a fresh General Order, and enforced it. He was his own interpreter of it in the Appeal Court. Like the control of a man-of-war, the ​ government of a penal settlement was under the eye of a commander at Sydney, and at Norfolk Island. But as settlement extended to the Hawkesbury, difficulties were multiplied. Phillip continued his exertions till health gave way. Grose abandoned, Paterson neglected, his duties, and Hunter was incapable. King undertook the increasing duties with energy which knew no check but physical prostration. When he wanted money for his Orphan School he imposed taxation by his sole authority with an audacity which excited in after times the censure of William Charles Wentworth. He persuaded successive Secretaries of State to sanction his act. When the military obstructed him he showed that he was independent of them in a matter in which they confidently hoped to reduce him to submission. He brought them to trial resolutely, even though there was no hope of convicting an offender before a court composed of his comrades. He entreated the Secretary of State to appoint a jurist to fill the office of Judge Advocate or of Chief Justice, so that the administration of the law might be duly conducted. He sent folios of reports to bring the true state of affairs to the knowledge of the Secretary of State, and to persuade him to send out a small artillery force so that, for defence purposes, the arrogant corps might be in part dispensed with. He was irascible, and was accused of being violent. Yet, when in 1803 the officers of the Criminal Court put the officiating Judge-Advocate under arrest, he recognised the gravity of the situation, summoned a council of advice, comprising Captain Kent of H.M.S. Buffalo, Colonel Paterson, Mr. Marsden, and others, and at their suggestion appointed a substitute for the arrested Judge-Advocate, though his own desire had been to suspend the proceedings of the Court until His Majesty's pleasure ​ might be known. He duly submitted the whole case to Lord Hobart, and if that nobleman had risen to his duty he would thereupon have laid down rules which might have averted the irregular conduct which led to Bligh's deposition.
Though the repression of traffic in spirits and the prevention of the striking of convicts by their military masters made many enemies, they did not detract from the general respect in which King was held, and after 1804, when the corps was called into the field under Johnston, we find no further dispute between the civil and military authorities. Lords Camden and Castlereagh, wiser than Lord Hobart, kept King at the post from which Lord Hobart had been about to withdraw him.
For the founding of the new era which was to create a market for Australian products, though it happened under his sway, King cannot claim credit. He fostered whaling and seal-fishing and kept away foreign intruders, but to the sagacity of Macarthur and the goodwill of Lord Camden, must be attributed the success which made King's reign the seed-time of the harvest which was to justify Macarthur's predictions. It was probably in consequence of Macarthur's movements that the attention of settlers of education and possessed of worldly means was first practically directed to the colony. Phillip had sighed for such a class, and King earnestly pointed out the need of them. But they did not arrive until Macarthur's ideas had become known, and Lord Camden had sanctioned the granting of considerable tracts of land for pastoral uses.
No man could immigrate to New South Wales without permission from the government. In July 1805 Lord Castlereagh accorded that permission to two brothers of the name of Blaxland, and acceded to their request to be allowed to choose 8000 acres subject to King's approval. It was also arranged that free passages should be given to the family, and the emigrants were to be allowed to pay for live stock (selected from government herds and Hlocks) by bills on the English Treasury. For these and some minor advantages the brothers stipulated, on their part, to employ a capital of not less than £6000 in New South Wales. The aid to be extended in the colony (Lord ​ Camden wrote to King) "I leave entirely to your discretion, but you will understand that I wish it to be as liberal as circumstances will permit." Mr. Gregory Blaxland reached the colony while King was yet there, and was treated as desired by the Secretary of State. His brother, John Blaxland, arrived when Bligh was in power, and bitterly remonstrated against obstructions then thrown in his way.
In July 1805 Lord Castlereagh wrote that Captain Bligh, R.N., had been appointed to succeed King, and would receive such instructions as on perusal of King's despatches (yet to arrive in England) might "appear to be expedient for the future government of the colony." In November Lord Castlereagh wrote again:
"His Majesty has full confidence that you will communicate in the most confidential manner to Captain Bligh all the information in your possession respecting the interest of the colony, and furnish him with all your sentiments as to the most eligible manner of proceeding in carrying into execution His Majesty's commission with which he is invested. The appointment of a successor to you having arisen from your personal request to be relieved from the fatigues of your government, I am happy when I thus recommend Captain Bligh to your attention to express His Majesty's entire approbation of the conduct you have manifested in the important charge committed to you, and his satisfaction at the great improvement which the colony has received under your superintendence."
Bligh arrived in Sydney on the 7th Aug. 1806, and King reported: "On the 13th of that month I gave the government up to him with every mark of respect and ceremony due to his situation." King, who was senior captain of H.M.S. Buffalo, arranged for an immediate departure for England; but the want of provisions for the ship, and the task of "possessing Governor Bligh of every circumstance respecting the colony as directed by your Lordship," delayed his voyage until the 10th Feb. 1807. In addition to the complimentary terms in which Lords Camden and Castlereagh had addressed him, the departing Governor received a testimonial equally precious. Sir Joseph Banks wrote: "For the quiet disposition of the colony which you ​ brought about, after so much labour and difficulties so very discouraging, your merit has been very great, and your conduct such as in my opinion deserves great reward." Thus gladdened at the close of his career by testimony from England the successful Governor received hearty expressions of goodwill from all in the colony. Deputations waited upon him. Major Johnston represented the military. The Judge-Advocate headed the civil officers. John Macarthur represented the free inhabitants. Mutual compliments and friendly feelings were expressed.
King reciprocated their "kind good wishes, and what is equally dear to me, your sentiments of my conduct in the situation I have had the honour to hold in these settlements." For the support and assistance he had received from the different classes of His Majesty's subjects he was truly grateful, and "although he had obtained leave to resign his office, at no period of his future existence would an earnest desire and solicitude be wanting to do his utmost in forwarding the interests of this remote part of His Majesty's dominions, and the prosperity of the inhabitants." He promulgated his "approbation of the general good conduct" of the New South Wales Corps, and of the Sydney and Parramatta Loyal Associations. He published as a final Order "the entire approbation by His Majesty of his government of the colony," and announced that "all existing General Orders, proclamations, and local regulations were to remain in full force and effect," unless formally altered. As he passed to the wharf military honours were paid to him by the New South Wales Corps and the Sydney Loyal Association, "which were repeated on Governor Bligh's repassing the line after taking leave of Governor King at the wharf."
A few words may be devoted to the remnant of King's life. Like other governors, he was in after years accused of having prostituted his position by conferring grants of land too largely on himself. In the record he left of the state of the colony at the time of Hunter's supersession he declared his intention to abstain from commercial, or farming, or other pursuits for gain. He adhered to his resolve, but he allotted grants to each of four children. The largest grant was of 660 acres to his eldest son, ​ Phillip Parker King. The smallest was less than 300 acres. Succeeding Governors gave more land to the family. Bligh himself carried on board the Buffalo (in the harbour, as King was sailing to England) an additional grant of 790 acres near those apportioned by King to his children, and persuaded Mrs. King to accept it. Macquarie added a grant of less extent, and long afterwards Governor Darling, in recognition of marine surveys conducted by Phillip Parker King on the north-west coast, granted him 1500 acres more. Muniments of title are so carefully preserved that when, after the lapse of a quarter of a century, a newspaper writer ventured to affirm that King granted to himself 10,000 acres of land, Admiral King was able promptly to disprove the allegation.
The Governor's predecessors had received pensions in England, and his services would probably have been recognized in like manner. He, like Phillip, had suffered in health, but, unlike Phillip, he was soon to succumb to disease. He died in Sept. 1808. When his death was made known in Sydney, Colonel Paterson (the Acting-Governor) and the officers of the New South Wales Corps "attended Divine service in mourning, as a tribute of respect for the memory of the much-lamented Governor—P. G. King." His memory is kept green among many scores of his descendants born in the colony. His acts have been for the first time placed before the public in these volumes.
His widow presented a memorial to the Secretary of State, which stated that she was without relations to assist her in caring for her children. She asked for relief from the government. She stated that he was of an ancient and respectable "family declined in circumstances;" that the small sum at her command had been diminished by expenses during his illness; and that though he was ​ economical he had been at charges for educating his children. Lord Castlereagh supported her prayer, on the ground of King's "unremitting zeal and integrity" during more than twenty years' service in forming subordinate settlements in that remote quarter of the globe, or in conducting the government of the whole." The pension recommended by Lord Castlereagh, £200 a-year, was at once awarded.
* ↑ Despatch—King to Secretary of State, 31st Dec. 1801.
* ↑ Messrs. C. S. and George Enderby and Alexander and Benjamin Champion, Liverpool. General W. H. Gordon (the father of General Gordon who was sacrificed at Khartoum in 1885 by the Gladstone government) married Elizabeth Enderby of the family mentioned in this note.
* ↑ Despatch—Lord Hobart to King, 24th Feb. 1803.
* ↑ Despatch—King (14th Nov. 1801) to the Duke of Portland. "So great was the faine of the propensity of the inhabitants of this colony to the immoderate use of spirits, and the certainty of getting any amount of payment in government bills, that I believe all the nations of the earth agreed to inundate this colony with spirits."
* ↑ King to the Duke of Portland, 28th Sept. 1800.
* ↑ Return (in King's handwriting) from September 1800 to August 1806: Spirits.Wine. Gallons.Gallons. British002,88622,320 American 27,40322,697 British from India 39,195 8,276 aaaaaaa— — —aaaaaaa— — — 69,48431,293 The average price at which he permitted the spirits, which were landed, to be sold is stated in the same return to have been-for spirits, seven shillings and sixpence; for wine, five shillings per gallon. The extortion from which the community was saved may be inferred from the prices previously recognized and enforced.
* ↑ Dr. Lang's "Historical and Statistical Account of New South Wales" made no mention of any attempt by King to restrain improper traffic in spirits. It even declared that the " grinding monopoly established in favour of officers of the New South Wales Corps still subsisted" under King; that King dispensed "with liberality and profusion to emancipated convicts, licenses to sell rum;" and that a "general dissolution of morals and a general relaxation of penal discipline were the result of a state of things so outrageously preposterous." It is difficult to imagine whence statements so utterly untrue could have been derived, or on what plea they were concocted. The "General Orders" published in Sydney gave ample proof of the truth, and on other points Lang often quoted them. Other writers have followed Lang's errors. His unfounded statement that Bligh was "enjoined" to break up the monstrous system" by which officers, civil and military, trafficked in spirits, probably deceived some writers; the fact being that though the Royal instructions to Bligh were in their general terms similar to those communicated to the officers by King (as explained in the text), the special statement that "officers had entered into the most unwarrantable traffic" was omitted from the instructions to Bligh, as published by Lang himself. Even the general instructions might mislead the careless, or those who, not knowing of the previous more pointed instructions to King, imagined that any new duty was imposed on Bligh in the matter, and were ignorant that the reproach against the officers was withdrawn from the Royal instructions to Bligh because the evil complained of had been removed by Bligh's predecessor.
* ↑ King to Lord Camden, 30th April 1805.
* ↑ Amongst other devices, Crossley in paying £400 to the Provost-Marshal tendered it in copper. On Smyth's refusal to accept so much copper in one sum, Crossley paid the debt in eighty instalments of £5 each, which were accepted as lawful.
* ↑ On another petition from Crossley (Dec. 1802) containing dozens of pages, King wrote: "I have read this case, and am well satisfied of its total want of truth in every material respect."
* ↑ He applied thus: "Mr. Dore being now resigned to his mother earth . . . . my education has not been what is called a legal one, but a classical one . . . . I am induced to hope (Governor Hunter having previously employed him) your Excellency will restore me to the official duties of that office."
* ↑ There were other convict-attorneys. Governor Macquarie foolishly patronized Michael Robinson, because the man eulogized Macquarie in rhyme. In 1811 Macquarie gave him a free pardon, and made him Deputy-Provost Marshal in 1820.
* ↑ It has been necessary to narrate the matter of this petition at some length, in order that the reader may observe how preposterous has been the statement that with such an adviser as Crossley, Bligh provoked resistance by antagonism to spirit-traffic.
* ↑ Governor Hunter wrote (1796): Many of the settlers and others have fallen upon a method of erecting stills, and distilling a most noxious and unwholesome spirit. . . . It will cost me some time and much trouble to get the better of this dangerous practice, and no doubt a little unpopularity amongst that description of people. I have, however, issued public orders. This I think will be effectual, several stills having already been seized and broken."
* ↑ The untrustworthiness of the "Memoirs of Holt" (ed. T. C. Croker, London, 1838) is shown by his narrative of this transaction. He says that Lt. Abbott was the magistrate who dealt with him, and makes other statements so incompatible with the facts that it would seem that having kept no accurate contemporary record, his memory was faulty when he compiled his memoirs.
* ↑ King to Duke of Portland, 28th Sept. 1800.
* ↑ Instructions from King to McKellar, 1st March 1802. Communication with England was so precarious, that while Macarthur travelled thither by way of Norfolk Island, Amboyna, and the Indian Ocean, McKellar sailed in an American vessel to New Bedford, whence he was "to lose no time in getting a safe conveyance to England." Governor Bligh writing in 1808 said of King's despatches, "the duplicate of them was transmitted by a Captain McKellar in a small vessel, but who has been lost."
* ↑ Dr. Lang asserts that the despatches were purloined before Grant left Sydney, but produces no authority for his statement; and as he adds that the box was found void of its proper contents in the Duke of Portland's office in Downing-street," although Lord Hobart held at the time the seals of the Colonial and War Offices, there is room to doubt the accuracy of other parts of the statement. Grant may have lost the despatches. He sailed from Sydney in the Anna Josepha (9th Nov. 1801); rounded Cape Horn; was at the Falkland Islands on 21st Jan. 1802; on the way to the Cape of Good Hope he with others was without sufficient food, and he was taken on board the American vessel Ocean at sea; he reached the Cape on the 1st April, and the Anna Josepha arrived on the 3rd. If he left the despatches uncared for when he took refuge in the Ocean they might be tampered with, although he may not have been an accomplice (vide Grant's Narrative," &c., London, 1803). Grant sailed to England from the Cape on 12th April in H.M.S. Imperieuse, and had a successful voyage.
* ↑ Despatch, 9th Nov. 1802—King to Lord Hobart.
* ↑ The first sentence was deemed "lenient," but confirmed by His Majesty; the second was considered no more than adequate, but in consideration of the long period of suspense and uncertainty, and "perceiving that Ensign Bayley is now fully sensible of his misconduct," His Majesty remitted the sentence.
* ↑ Despatch of King, 1st March 1802.
* ↑ After some delay Lord Hobart, on full consideration of the case, and of the conduct of Mr. Bellasis, despatched (Nov. 1803) a free pardon. The Governor had anticipated it. Bellasis office required him to take a principal part in the ceremonies" attendant on the King's birthday in June 1803, when the Royal standard was displayed for the first time in the colony, and King gave him a free pardon on the occasion.
* ↑ Captain Colnett had requested that "100 men and a number of women convicts" might remain on board the Glatton while in Sydney. They remained until three days before her departure."—Despatch, King to Lord Hobart, 16th May 1803.
* ↑ He kept his word. He preferred complaints against the port regulations; the police; the pilot establishment; the public buildings; the Governor's predominant passion for governing" and unfriendly demeanour (though he admitted that King gave him "frequent invitations to his house"); the mud in the streets, and want of a horse; the want of fresh meat; the difficulty of watering his ship; the bad wharves; the ill-placed powder magazine; the fact that none but the Governor and his "confidential secretary could possibly smuggle with impunity;" that King "made a catspaw of me and deceived the garrison" (in landing spirits from the Castle of Good Hope at Colnett's request); that King's conduct was "very irregular and disrespectful to (Colnett) his superior officer;" that there was a probability that a man-of-war might be "run away with (by convicts) if not a better look-out be kept;" that King showed a strange partiality to the French (under Baudin) by suffering them to purchase spirits at a very low price from Americans when the officers and inhabitants could not procure any;" that King's suspicion that the French desired to form a settlement in Australia was erroneous, because in Colnett's opinion "if they form any it will be in New Zealand;" that King refused the only favour Colnett ever asked, viz., to grant a "conditional emancipation to a young woman of decent parents and connection that came out in the ship, and had been transported for stealing forty shillings, her first crime;" that King broke his promise that she should have a free pardon to go back in the Glatton (a promise which the correspondence of Colnett and King shows was never made); that all Colnett could "urge or advance answered no purpose" on her behalf, in spite of the "recommendation from the Secretary of State's office," but all he could ever obtain was her emancipation on the 4th June," in which Colnett "placed no faith;" that King, by "commanding and abusing the vilest part of mankind had forgot all decent conduct for those beneath him and respect for his equals," &c. Chance has thrown in the author's way a bound copy of Colnett's MS. statements, which, without knowledge of his official correspondence in the colony, would form a heavy indictment against the Governor. By the light of that correspondence the charges only prove King's difficulties and his resolution.
* ↑ MS. original; in possession of P. G. King, Esq., Banksia, Double Bay, Sydney. Governor Macquarie gave the woman a free pardon in 1810.
* ↑ There was another cause of umbrage between King and Colnett. The former, in order to secure "full advantage to the inhabitants and His Majesty's subjects in general," was unwilling to grant lands on the islands where fishing was pursued. Colnett applied for and was refused a grant of 100 acres at King's Island. This refusal, King stated, "was one cause of his unofficer-like treatment to me."—Despatch to Lord Hobart, 20th Dec. 1804. Captain Colnett, when leaving, wished to obtain receipts in full for the convicts transported by the Glatton. There were three, two men and one woman, unaccounted for. King gave a certificate acknowledging the numbers landed, with the addition that he had received information" that the missing three were "stowed away in the Glatton without the knowledge of the captain or officers of the ship."—Despatch, 16th May, 1803.
* ↑ Singularly enough the Act 4 Geo. IV. cap. 96 providing that, on the application of plaintiff and defendant, cases should be tried by jury, was passed twenty years after this written anticipation.—Proviso to §6.
* ↑ The paradoxical weapons of "defence" in Ireland were night-robberies, arson, and murder.
* ↑ MS. letter of Hunter to King, 4th Oct. 1800.
* ↑ In a MS. petition from Harold, to be allowed to have recourse to the ministry of a priest," in 1805, there are the words "imagin." "Priviledge, "paralel." He tenders his service without emolument: That your benevolent views may be extended to the Catholicks of this island, who join all the other inhabitants in sentiments of highest esteem and tenderest affection for your Excellency." King failed to appreciate an affection which broke out so often in rebellion, and he endorsed the petition thus: Petition of James Harold. No answer. Seditious"—and it was found in recent years with other papers similarly indorsed.
* ↑ Fifteen convicts seized a vessel. They clumsily ran her on shore. They seized another at the Hunter River. King captured the vessel with nine runaways on board. Seven were transported for life, and two were executed as pirates.
* ↑ Margarot, who was agent in Scotland for an English Revolutionary Society, wrote in his Sydney Journal:—"At Pennycuick there are 174 men for a reform and four against it, viz., the parson, the precentor, the excise-man, and the schoolmaster."
* ↑ King kept the mechanism of the Associations available, but did not distract the settlers by calling them from their avocations in a body. In Feb. 1803 a Public Order declared that his "unbounded confidence in the loyalty and activity" of the New South Wales Corps prevented his enrolling the Associations otherwise than by "appointing their officers." In Dec. 1803, however, on the resumption of war in Europe, "counting on the zeal and loyalty of all His Majesty's subjects . . . as well as on the forward disposition of every Briton and Irishman to defend their families and properties against any invader's mistaken attention to this colony, and to guard against the first effects of any unexpected attack," he, as Governor, required "all free men, inhabitants of the towns of Sydney, Parramatta, and Greenhills neighbourhood . . . to give in their names to His Honour the Lt.-Governor during the ensuing week, in order that I may be enabled to make a selection of the number required" for the Loyal Association. This order preceded by only three months the rebellion of 1804.
* ↑ The Chevalier thus reported the outrage. This evening before I came from Parramatta, many men did come at my house and did rob all my plate, cloth, linen, firearms and ammunition, coutelas, &c. &c.; and struc and threat with pistol on the breast my housekeeper. Some men in employment at Castle Hills' settlement are very much implicated in it, but I fear for it to secure them; so if you would be so kind to come yourself to-narrow mourning, I will not move noting, so that you shall see the all by your one eyes."
* ↑ He did not suffer the death intended. In June 1804, at an evening party at Government House, he dropped down and died.
* ↑ King to Lord Hobart, 1st March 1804.
* ↑ In the printed proclamations first issued (some of which are extant) "the Hawkesbury and Nepean" are added in MS. by the hand of Governor King. There was evidently no time to waste in correcting the press.
* ↑ In a private letter of 12th April, Johnston mentioned that he himself had marched 28 miles before mounting his horse; that no one had anything "to drink but water (of which I believe about six gallons was my share) . . . it will show that our poor fellows do not want spirit, and I only wish we could have an opportunity of their showing it on the Spanish Main."
* ↑ Various erroneous accounts of this outbreak, of the number of troops, of the death of Cunningham, &c., having obtained credence and been quoted without hesitation, it is right to quote despatches of Major Johnston, as authorities which are unquestionable and decisive. In the official list furnished by King, Cunningham is included as "executed at Hawkesbury." He was hung on the staircase of the public store there, "which he boasted in his march that he would plunder."—Sydney Gazette, 11th March 1804. Cunningham had been overseer of stonemasons at Castle Hill. Another man, executed at Parramatta, had been overseer of carpenters. One poor wretch was the only survivor of a party of Irish who endeavoured to walk to China. The Sydney Gazette on the 11th March dilated on the extreme lenity shown by the Government to "the majority of the deluded offenders."
* ↑ The following petition was sent to the Governor from "the ironed prisoners in the gaol gang at Parramatta." Your petitioners, emboldened by your unprecedented clemency and eminently distinguished philantrophy, which we, the deluded people distinguished by the name of Croppies, have happily distinguished at a time that our conduct was such as to render our lives forfeited both to law and justice, wherefore we thank Heaven that your Excellency's clemency prependerated our evil infaticated offences of which we seriously repent . . . humanely vouchsafe to extricate your petitioners out of irons wether we who may be deemed objects of your humanity's compliance to our humble prayer, do solemnly promise before God and unto your Excellency that our future conduct shall be upright with loyalty and propriety."
* ↑ They are told at length in "Curiosities of Colonisation," a copy of which (London, 1874) is in the British Museum. A letter from Holt's wife to Governor King, therein contained, is well worth perusal. She prayed in moving terms for his release, and King thus indorsed her application:—"Mrs. Holt, respecting her husband. A request that public safety prevents being granted."
* ↑ Two usually accurate writers have been deceived by Holt's account of the Irish rising in 1804. He stated that Laycock (not the trooper) rode up with Major Johnston to the rebel leaders, that Laycock with one blow killed Cunningham on the spot, and that Cunningham's dead body was brought in afterwards and hung up as an example. The official report in the text shows how widely Holt's statement wanders from the truth. He said he had his report from one of the insurgents.
* ↑ The treatment of Sir H. B. Hayes was the cause of this statement; vide a General Order of the Governor's (17th May 1803) in these words: "Henry Brown Hayes, a convict, having some time past applied to His Excellency the Governor for permission to hold a Freemasons' Lodge, preside thereat, and initiate new members, which permission His Excellency judged proper to forbid officially notwithstanding which it appears from the magistrates' proceedings of yesterday that he, Henry Brown Hayes, in contempt of that injunction, was found with His Excellency has several others assembled as Freemasons . . . judged it expedient to order the said Henry Brown Hayes to hard labour at the new settlement to be formed at Van Diemen's Land, and it is clearly to be understood by all and every of His Majesty's subjects resident or stationed in this colony that any similar meetings, without the express approbation of the Governor, will be punished to the utmost rigour of the law, and as the local circumstances of this colony and its inhabitants may require." King had good grounds for suspicion as to secret meetings. When permission was asked he had forbidden Hayes to hold a Freemasons' Lodge. Surreptitiously, to evade the refusal, Colonel Paterson was asked to permit a meeting of a few friends at the house of a sergeant of the New South Wales Corps. The boatswain on board H.M.S. Glatton was one of the persons thus assembled, but he managed to escape to his ship. His name was Driscol. King seized the others, but only punished Hayes Exiled United Irishmen caballing with Margarot of the London Corresponding Society, and holding secret meetings on board French men-of-war, could not expect to escape the watchfulness complained of by the French. On the 14th July 1805 it is notified that Henry Brown Hayes has escaped from justice, and all persons are required to apprehend him; "and any person secreting him will be prosecuted and punished with the utmost rigour of the law." In 1812 Hayes sailed for Ireland in the ship in which Joseph Holt sailed. After being wrecked at the Falkland Islands, they both reached their native land. Holt's "Memoirs" show that he was not on good terms with Hayes. Bligh meant to give Hayes a free pardon, and Macquarie carried Bligh's intention into effect. Hayes was not interfered with by the law unless suspected of seditious practices. Between 1803, when his attendance at forbidden meetings was checked, and 1805, when he was proclaimed a runaway, he notified in the Sydney Gazette that a reward of ten pounds would be given to anyone prosecuting to conviction any offender cutting "ornamental trees of honeysuckle and she-oak" on his property at Vaucluse.
* ↑ From Hamilton Rowan he asked "the temporary assistance of £400. As a chrysalis warmed by the heat of a genial sun receives therefrom animation, so that assistance will afford new life, and without producing a butterfly, will nevertheless give me wings." Though Rowan had long abandoned the violent opinions (which he had shared with members of the British Convention whom he had seen in Edinburgh in 1793) he sent Margarot £100. Margarot replied: "That sum will enable me, if not to soar, at least to make my way in a more humble manner, somewhat like an ostrich."
* ↑ About forty years afterwards it was discovered that his ships, the Boussole and the Astrolabe, were wrecked at the island of Manicolo, and all the navigators perished in the wreck or were afterwards killed.
* ↑ Barrallier, called by King a "protégé of Mr. Grenville," sailed with King to New South Wales in 1800. Mr. Grenville wished the Duke of Portland to make Barrallier Deputy-Surveyor-General in Sydney. The Duke allowed him to accompany King. He was made Ensign of the New South Wales Corps, and aide-de-camp to the Governor, who frequently availed himself of his abilities.
* ↑ The commander of the Harbinger (Black) saw and named King's Island.
* ↑ On 31st Aug. 1801, he wrote to King:—" From the little knowledge I have of nautical surveying, and understanding a vessel is coming out with gentlemen of scientific knowledge in that line, I respectfully beg leave to return to Europe by the first favourable opportunity, where I may be able to render myself more serviceable to my country." "As has been seen, he lost the despatches entrusted to him on his return. King, in acceding to Grant's desires, said he would have been glad if Grant's ability to survey and determine longitudes had equalled his abilities as an officer and a seaman.
* ↑ Previous misconduct on Murray's part prevented him from profiting by King's recommendation. It was ascertained at the Admiralty that he had not told the truth when he passed the examination at the Cape of Good Hope. He had imposed upon the examiners by alleging that he had served in 1789 in a vessel which was not in commission at the time. Sir Evan Nepean told the Governor that in consequence of the imposition "attempted to be practised, Murray would receive no commission, and the Admiralty would not allow him to pass for an officer at any future period."
* ↑ 1802.
* ↑ Eleven convicts formed part of the crew of the Investigator.
* ↑ His reasons for non-compliance were-the necessity to touch some where; that he did not know that war between England and France had again broken out; that he had a French passport (but not a Dutch one which might ensure kind treatment at the Cape); and that Baudin's reception in Sydney entitled him to expect equal kindness at the Mauritius.
* ↑ Letter, 20th Sept. 1806. Sir J. Banks to Governor King.
* ↑ Sir Joseph Banks wrote, 21st Aug. 1802: "Flinders will, if he behaves well, meet with the best encouragement; but he is not without enemies, who will find out his faults if he commits any." Again, April 1803: "Flinders speaks warmly of your friendship, and I beg you will accept my best thanks for your goodness."
* ↑ Governor King. 21st May, 1802. Despatch.
* ↑ "Peron," vol. i. p. 364.
* ↑ Robbins entered the navy in 1798, being then sixteen years of age. He was born at Barnstaple in Devonshire.
* ↑ King to Lord Hobart, 9th Nov. 1802: "As I considered it necessary to preclude Captain Flinders' present surveys from the most distant possibility of their falling into other hands, I shall defer sending them . . . but as your Lordship may expect some account of his progress, I shall relate his verbal communications to me." Thomson carried this despatch.
* ↑ "New South Wales Correspondence," 26th Nov. 1803. Vol. ii. Dated 'A Bord la Corvette la Géographe, Isle King, le 3rd Nivose an 11me. 23rd Dec. 1802. Le Commandant en chef l'expedition de découvertes à Monsieur le Gouverneur King au Port Jackson."
* ↑ In the margin King wrote: "If M. Baudin insinuates any claim from this visit—the island was first discovered in 1798 by Mr. Reed in the Martha, afterwards by Mr. Black in the Harbinger, and surveyed by Mr. Murray in Feb. 1802.
* ↑ King wrote in the margin: "Most of those found means to go on board the Géographe before she left the island."
* ↑ Voyage de Découvertes aux Terres Australes," Vol. iii. p. 11. Seconde edition, revue, corrigée et augmentée, par Louis de Freycinet. Paris. 1824. Peron, the naturalist of the expedition, edited the first volume in 1807, and prepared a great part of the second, which was continued and edited by Freycinet in 1816. The later edition of 1824 is quoted in the text.
* ↑ It is only fair to Robbins to state that when sent in 1804 to examine Western Port he declared—"I have not seen any part of Western Port in my opinion so eligible for a settlement as the freshwater river at the head of that port" (Phillip).
* ↑ King to Lord Hobart, 9th May 1803.
* ↑ Though King remonstrated against the total abandonment, it will be seen that he has been upbraided for recommending it.
* ↑ In some manner the name was converted in after years to Hobart Town, and has only recently been restored as "Hobart."
* ↑ The name is spelt in various ways in the documents of the day. In an order published in Sydney while the mineralogist was there he is styled "Adolerious E. W. Humphry, Esq."
* ↑ The fortunes of Bates, the Deputy Judge-Advocate, were singular. He arrived in 1806 at Hobart Town, and remained there nearly ten years, receiving salary but doing no duty. He was provided with no patent or authority under which Collins thought he could act, his commission being framed with reference to Port Phillip.-Bigge's "Report" (Judicial), 1823, p. 41.
* ↑ A despatch, May 1804, from King to Lord Hobart, enclosed the queries and replies.
* ↑ King to Lord Camden, 15th March 1806. Amongst the misstatements made by Dr. Lang in his history, the following occurs: "It is at least certain that in conjunction with Lt. Col. Foveaux, he (King) recommended the entire abandonment of that settlement (Norfolk Island). . . A more injudicious and impolitic measure could scarcely be conceived."—Fourth edition, 1875, Vol. 1., p. 73. To assail a man for recommending what he opposed involves peculiar absurdity.
* ↑ West, "History of Tasmania," vol. ii., p. 6. 1852. Mr. West says: "The accounts of this affair differ greatly."
* ↑ King to Lord Camden, 30th April, 1805.
* ↑ Camden Papers. Evidence before Mr, Commissioner Bigge, 1820.
* ↑ Financial and Political Facts of the Eighteenth and Present Century.' London: 1803. The author's name was John Macarthur, but he was in no way related to or connected with his namesake of the New South Wales Corps.
* ↑ Camden MSS. John Macarthur to Governor King, Sept. 1805. Macarthur wrote: "I entirely concur with you in opinion that nothing should be made public that might tend to draw the attention of the French to this place, and nothing is more likely to produce such an effect than letting them know there is a probability of Great Britain's being supplied with fine wool from hence. They are so aware of the importance of the pursuit that Bonaparte has," &c., &c.
* ↑ Camden MSS. Letter, 1795, from his wife to a friend in England.
* ↑ "In Dec. 1804 King sent to Sir Joseph Banks three fleeces grown by Marsden, "who as far as my ideas go is the best practical farmer in the colony. He wished the fleeces to be laid before the Agricultural Society if Lord Camden should approve.
* ↑ These anticipations were confirmed during King's stay. In June 1806 Macarthur wrote to Piper, the recipient of his complaints in former times: "The Governor is uncommonly kind and obliging, in so much that I give you my word I am not very anxious for an immediate change." When the change for which he had once sighed took place, Macarthur became its victim.
* ↑ MS. in possession of P. G. King, Esq, Banksia, Sydney.
* ↑ Despatch to Secretary of State, 14th Nov. 1801.
* ↑ He escaped by swimming across the harbour to the North Shore.
* ↑ King to Lord Hobart, 30th Oct. 1802.
* ↑ Pemulwy's son, Tjedboro, was left alive, and was kindly treated by John Macarthur on his return to the colony in 1805.
* ↑ It has well been asked—Fittest for what?" Colonel Blood and Sir Isaac Newton were contemporaries, and a struggle between them would have extinguished Newton. But who would deem the soldier-thief the fittest?
* ↑ Vide supra, p. 95. There must have been several natives called Musquito by the colonists. The Sydney Gazette of Jan. 1806 states that a black of that name in that month slew another black in a desperate battle with clubs, in which he laid open his enemy's skull, and that in the night Musquito was treacherously speared, and died in the hospital from the wound. At this time, according to King's despatch, the Musquito first-mentioned was at Norfolk Island.
* ↑ The Duke of Portland lost no time in approving the purchase, and in Jan. 1802 Lord Hobart praised all the arrangements made, and promised his own support.
* ↑ King to Duke of Portland, 31st Dec. 1801.
* ↑ King's predecessors had laboured to protect the Tank Stream. During his reign (Oct. 1803) the Sydney Gazette said that the tank was enclosed, the rubbish removed from the sides, "and the crystal current flows into the basin with its native purity." The Gazette was under government control.
* ↑ In 1819 the school was removed from George-street, Sydney, to Arthur's Hill, Parramatta, where, under the direction of Mr. Marsden, a building had been completed in the course of five years—1813 to 1818—on land granted by King.
* ↑ King to Duke of Portland, 21st Aug. 1801. An original indent in King's possession aided in detection of the frauds described.
* ↑ King to Transport Commissioners, 9th Aug. 1802. Subsequent improvement in the condition of ships and treatment of convicts was greatly due to the benevolent exertions of Mrs. Fry.
* ↑ King to Transport Commissioners, 9th Aug. 1802.
* ↑ King to Lord Hobart, 7th Aug. 1803.
* ↑ The text is quoted from King The Sydney Gazette (27th Nov. 1803) recorded that the disease appeared among working cattle at Parramatta, and that it affected the creature first in the tongue and in the interstices of the hoof." Nearly three-quarters of a century elapsed before the "foot and mouth" disease became an object of terror to colonists apprehensive of its importation.
* ↑ Nine large stacks floated to the Lower Branch, and some settlers there proceeded to appropriate them, but were stopped by the Governor, who claimed them for their owners if they could be found; if not, after payment of salvage, to be divided amongst the most necessitous who have lost their stacks.
* ↑ This case occupied reams of despatches. William Campbell, the master of the Harrington, owned in Madras, was the man who in 1802 refused to hoist his flag in honour of the French because the English flag was not placed high enough in the French ships. He was chased on the South American coast, and lost a boat and thirteen men. The peace of Amiens interrupted his reprisals. He returned to Sydney (Jan. 1804) with letters of marque, issued at Fort St. George, against France and Holland. Before he sailed for the coast of Peru the Governor warned him that he must be careful not to make reprisals against powers not included in his letters of marque. Nevertheless (26th Sept. 1804) he captured a Spanish brig at Coquimbo. At Goasco the Spanish Governor unsuspiciously went on board the Harrington. At Callera, Campbell fired upon a Spanish cruiser (Estremina) and when the crew ran her on shore the daring privateer carried her off (2nd Oct.). On arriving at Norfolk Island, Campbell, finding that there had been no war between England and Spain in Sept. 1804 feared to take his prizes to Sydney. He sent them to cruise on the coast and await his orders. He arrived in Sydney 4th March 1805. King found erasures in the log of the Harrington, and issued a proclamation commanding all persons who might fall in with the Spanish vessels, "hovering about some part of this coast," to cause them to be sent to Sydney, and to hoist the Spanish flag "in its proper place until it is known whether war did exist (on the 26th Sept. and 2nd Oct.) or not." The Lady Nelson, despatched by the Governor, seized the Estremina in Jervis Bay. Robbins, in the little Integrity cutter (59 tons), found the brig (St. Francisco St. Paulo) off Kent's Group, and took charge of her. The Harrington was detained at Port Jackson. King wrote a long letter to Don Lewis de Guzman, Captain-General, Governor, and President of the Royal Audience of the Kingdom of Chili, Rear Admiral, &c. This he entrusted to Robbins, who took charge of the Integrity, and sailed for Peru with a certificate under King's hand, and precise instructions as to hoisting colours, flag of truce, and seeking audience. The vessels seized were sold in Sydney to avert loss by decay, and the proceeds were eventually handed to the Spanish Government. King sent Robbins under a flag of truce, in case hostilities should have since commenced, to request the Government of Chili to cause proper persons to be sent, not only for reclaiming those vessels, but as witnesses on the trial of the commander and crew of the Harrington, for seizing and bringing away the ships and goods belonging to a power at peace with His Majesty. Lord Castlereagh (21st Nov. 1805) sent his approbation of the spirit and "principles" under which King had acted. The Harrington and her master were then released. In 1808 the Harrington was seized at night in Farm Cove, near Campbell's own house, and carried to sea, the chief officer and others being sent back in boats from the open sea. The Harrington was taken shortly afterwards by a man-of-war off Luconia: and the ringleader, Stewart, was taken to Calcutta. The last trace of the gallant Robbins (only twenty-three years old when he bore the despatches to Don Guzman) is his departure from Sydney in the Integrity. He was then rated as Acting-Lieutenant in H.M.S. Buffalo. Minute search at the Admiralty, kindly promoted for the author by Admiral Sir Antony Hoskius, has resulted in a "return" concluding with the words, "No further trace." Inquiry by the author through the British Ambassador in Madrid, and in person with the learned Don Pasquale de Gayangos, failed to elicit any facts about Bass or Robbins.
* ↑ In a private letter to King (Aug. 1804) Sir Joseph Banks wrote:—"There is only one part of your government which I do not think right—that is, your frequent reprieves."
* ↑ Returns vary considerably as to the census of the colony, and some which have been printed are without doubt inaccurate. In this and other cases, the account which seemed most authentic has been adopted.
* ↑ The letter of Bass, clearly written in ink still black, comes like testimony from the grave to refute the statements which have so long been circulated, by maliciousness or mistake, as to the importation of spirits during the government of King.
* ↑ MS. autograph of Bass.
* ↑ "Australia Discovery and Colonization." Samuel Bennett. The mistake has been repeated by others, but the imputation against Bass seems to be rebutted by the facts detailed in the text. Dr. Lang gave currency to the charges against Bass, but neither he nor others quoted any authority upon the point; whereas the statement in King's despatch must be admitted to be of value if even Bass's written professions could be set aside.
* ↑ An unpleasant circumstance occurred with regard to Bass's affairs. After he had been gone more than three years, an emancipated convict, a trader in Sydney, sued the agent for Bass and his partner Bishop, averring that Bass had taken away by mistake a trunk containing goods. The agent denied the fact, and alleged that before Bass sailed in 1803 all accounts were carefully closed by Bass. Bishop had become insane, and the agent had become his guardian. The Civil Court, composed of Atkins and two others, unfortunately gave credence to the trader. The agent appealed. King's sympathies were with the absent man, against whom, "after a lapse of three years without any demand made," such a claim was preferred.
* ↑ Robbins was to obtain tidings of Bass, if possible. King wrote (July 1806): "I am much concerned to inform your Lordship that the Integrity is not yet returned, and I am more than apprehensive for that vessel's safety, but for the hope that she may have been detained on some pretext by the Government of Chili; although I think no consideration ought to have operated on the Spanish Admiral, who governs that province, to detain her under the just and honourable principles in which she was put within his power." See note pp. 367-8.
* ↑ The inscriptions were: "Presented by Governor King to Tip-a-he, a chief of New Zealand, during his visit to Port Jackson in Jan. 1806;" and on the obverse: "In the reign of George III., by the grace of God, King of the United Kingdom of Great Britain and Ireland. These attentions to Tip-a-he perhaps influenced him in his efforts to save the lives of Englishmen when the Boyd was subsequently attacked in New Zealand because on board of her a New Zealand chief had been flogged. A few survivors were saved. The story belongs to New Zealand history. Tip-a-he and his village were destroyed by crews of whaling vessels.
* ↑ The author's sources of information have been ampler than those of previous writers, and the following letter written by Governor King to his son (afterwards Admiral P. P. King) gives eloquent testimony to the straightforward character of the writer. The boy was at school in England, and not fourteen years old when his father wrote to him from Sydney:—"Take care to observe the sailors' golden rules-hold fast; never neglect your prayers; and shun bad company; doing to others as you would be done unto. Keep your head cool, and your feet warm, and use plenty of exercise, and you may bid defiance to Old Nick and all his works. With most affectionate wishes for your health, I remain, my dear boy, your affectionate father, Philip Gidley King."
* ↑ Dr. J. D. Lang.
* ↑ If it should be thought that Lang's statements are unduly censured in the text, the following paragraph will show how necessary it is to prove their worthlessness. From the time of Phillip to that of Governor Gipps there was no such effort made as that by Gipps to enforce justice to the aboriginal race. Nevertheless, when Sir G. Gipps failed, in Dr. Lang's opinion, to procure evidence of the truth of a rumour which reached him, Dr. Lang denounced Sir G. Gipps as a participator in crime and as having this "black blood upon his hands;" and now that Her Majesty has relieved him "of the task of misgoverning the most important of the Australian colonies, he may wipe it off if he can."—"Cooksland," by J. D. Lang. London: 1847. Gipps died before the invitation was published. Lang added in a note: "Sir G. Gipps was alive when this was written. He has since gone to his account. I see no reason, however, why I should expunge a syllable of what I had written in the case." But the charge against Gipps was unjust; and, even if it had been true, how could he return from the dead to essay the vain task of Dr. Lang's sleep-walking countrywoman, Lady Macbeth?
* ↑ Wentworth was born at Norfolk Island when King governed there in 1793. He admitted that King devoted the fruits of his illegal taxation to objects of great importance and utility, though he hinted that Bligh was not so scrupulous. But the taxation, under the "ipse dixit of a governor,' was an "unprecedented deviation from all constitutional authority. "Description of the Colony of New South Wales." London: 1819. Wentworth was twenty-six years old when the first edition of his work was published.
* ↑ Vide pp. 233, 250, 258, 259.
* ↑ Those who are sufficiently interested in the subject of Dr. Lang's accuracy to compare his account of Lord Castlereagh's feelings with Lord Castlereagh's words, will find in his History' that "the period of King's administration" was shortened by underhand misrepresentations, and that he was treated in England with neglect which embittered the remainder of his days.
* ↑ The affection of the Governor for his patron Governor Phillip was shown by the name he gave to his son. Though his own Christian name was Philip, he adopted the spelling of Arthur Phillip's name in christening his son.
* ↑ The details need not be given. The son's triumphant refutation is to be found in the press, and is preserved by the family. Its date was 24th July 1833.
* ↑ Sydney Gazette, 7th May 1809.