Notwithstanding the promises made on one side, and the forbearance shewn on the other, joined to the impending rod of justice, it was with infinite regret that every one saw, in four clays afterwards, the necessity of a.s.sembling a Criminal Court, which was accordingly convened by warrant from the Governor, and consisted of the judge Advocate, who presided, three naval, and three marine officers.

As the const.i.tution of this court is altogether new in the British annals, I hope my reader will not think me prolix in the description I am about to give of it. The number of members, including the judge Advocate, is limited, by Act of Parliament, to seven, who are expressly ordered to be officers, either of His Majesty's sea or land forces. The court being met, completely arrayed and armed as at a military tribunal, the Judge Advocate proceeds to administer the usual oaths taken by jurymen in England to each member; one of whom afterwards swears him in a like manner. This ceremony being adjusted, the crime laid to the prisoner's charge is read to him, and the question of Guilty, or Not guilty, put. No law officer on the side of the crown being appointed, (for I presume the head of the court ought hardly to consider himself in that light, notwithstanding the t.i.tle he bears) to prosecute the criminal is left entirely to the party, at whose suit he is tried. All the witnesses are examined on oath, and the decision is directed to be given according to the laws of England, "or as nearly as may be, allowing for the circ.u.mstances and situation of the settlement," by a majority of votes, beginning with the youngest member, and ending with the president of the court. In cases, however, of a capital nature, no verdict can be given, unless five, at least, of the seven members present concur therein. The evidence on both sides being finished, and the prisoner's defence heard, the court is cleared, and, on the judgement being settled, is thrown open again, and sentence p.r.o.nounced.

During the time the court sits, the place in which it is a.s.sembled is directed to be surrounded by a guard under arms, and admission to every one who may choose to enter it, granted. Of late, however, our colonists are supposed to be in such a train of subordination, as to make the presence of so large a military force unnecessary; and two centinels, in addition to the Provost Martial, are considered as sufficient.

It would be as needless, as impertinent, to antic.i.p.ate the reflections which will arise in reading the above account, wherein a regard to accuracy only has been consulted. By comparing it with the mode of administering justice in the English courts of law, it will be found to differ in many points very essentially. And if we turn our eyes to the usage of military tribunals, it no less departs from the customs observed in them. Let not the novelty of it, however, prejudice any one so far as to dispute its efficacy, and the necessity of the case which gave it birth.

The court, whose meeting is already spoken of, proceeded to the trial of three convicts, one of whom was convicted of having struck a marine with a cooper's adze, and otherwise behaving in a very riotous and scandalous manner, for which he was sentenced to receive one hundred and fifty lashes, being a smaller punishment than a soldier in a like case would have suffered from the judgement of a court martial. A second, for having committed a petty theft, was sent to a small barren island, and kept there on bread and water only, for a week. And the third was sentenced to receive fifty lashes, but was recommended by the court to the Governor, and forgiven.

Hitherto, however, (February) nothing of a very atrocious nature had appeared. But the day was at hand, on which the violation of public security could no longer be restrained, by the infliction of temporary punishment. A set of desperate and hardened villains leagued themselves for the purposes of depredation, and, as it generally happens, had art enough to persuade some others, less deeply versed in iniquity, to be the instruments for carrying it on. Fortunately the progress of these miscreants was not of long duration. They were detected in stealing a large quant.i.ty of provisions at the time of issuing them. And on being apprehended, one of the tools of the superiors impeached the rest, and disclosed the scheme. The trial came on the 28th of the month, and of four who were arraigned for the offence, three were condemned to die, and the fourth to receive a very severe corporal punishment. In hopes that his lenity would not be abused, his Excellency was, however, pleased to order one only for execution, which took place a little before sun-set the same day. The name of the unhappy wretch was Thomas Barret, an old and desperate offender, who died with that hardy spirit, which too often is found in the worst and most abandoned cla.s.s of men.

During the execution the battalion of marines was under arms, and the whole of the convicts obliged to be present. The two a.s.sociates of the sufferer were ordered to be kept close prisoners, until an eligible place to banish them to could be fixed on; as were also two more, who on the following day were condemned to die for a similar offence.

Besides the Criminal court, there is an inferior one composed of the Judge Advocate, and one or more justices of the peace, for the trial of small misdemeanours. This court is likewise empowered to decide all law suits, and its verdict is final, except where the sum in dispute amounts to more than three hundred pounds, in which case an appeal to England can be made from its decree. Should necessity warrant it, an Admiralty court, of which Lieutenant Governor Ross is judge, can also be summoned, for the trial of offences committed on the high seas.

From being unwilling to break the thread of my narrative, I omitted to note in its proper place the sailing of the 'Supply', Lieut. Ball, on the 15th of the month, for Norfolk Island, which the Governor had instructions from the ministry to take possession of. Lieut. King of the Sirius was sent as superintendent and commandant of this place, and carried with him a surgeon, a midshipman, a sawyer, a weaver, two marines, and sixteen convicts, of whom six were women. He was also supplied with a certain number of live animals to stock the island, besides garden seeds, grain, and other requisites.

CHAPTER XI

A Description of the Natives of New South Wales, and our Transactions with them.

I doubt not my readers will be as glad as I feel myself, to conclude the dull detail of the last chapter. If they please, they may turn from the subtle intricacies of the law, to contemplate the simple, undisguised workings of nature, in her most artless colouring.

I have already said, we had been but very few days at Port Jackson, when an alteration in the behaviour of the natives was perceptible; and I wish I could add, that a longer residence in their neighbourhood had introduced a greater degree of cordiality and intermixture between the old, and new, lords of the soil, than at the day on which this publication is dated subsists.

From their easy reception of us in the beginning, many were induced to call in question the accounts which Mr. Cook had given of this people.

That celebrated navigator, we were willing believe, had somehow by his conduct offended them, which prevented the intercourse that would otherwise have taken place. The result, however, of our repeated endeavours to induce them to come among us has been such as to confirm me in an opinion, that they either fear or despise us too much, to be anxious for a closer connection. And I beg leave at once, to apprize the reader, that all I can here, or in any future part of this work, relate with fidelity of the natives of New South Wales, must be made up of detached observations, taken at different times, and not from a regular series of knowledge of the customs and manners of a people, with whom opportunities of communication are so scarce, as to have been seldom obtained.

In their persons, they are far from being a stout race of men, though nimble, sprightly, and vigorous. The deficiency of one of the fore teeth of the upper jaw, mentioned by Dampier, we have seen in almost the whole of the men; but their organs of sight so far from being defective, as that author mentions those of the inhabitants of the western side of the continent to be, are remarkably quick and piercing. Their colour, Mr.

Cook is inclined to think rather a deep chocolate, than an absolute black, though he confesses, they have the appearance of the latter, which he attributes to the greasy filth their skins are loaded with.

Of their want of cleanliness we have had sufficient proofs, but I am of opinion, all the washing in the world would not render them two degrees less black than an African negro. At some of our first interviews, we had several droll instances of their mistaking the Africans we brought with us for their own countrymen.

Notwithstanding the disregard they have invariably shewn for all the finery we could deck them with, they are fond of adorning themselves with scars, which increase their natural hideousness. It is hardly possible to see any thing in human shape more ugly, than one of these savages thus scarified, and farther ornamented with a fish bone struck through the gristle of the nose. The custom of daubing themselves with white earth is also frequent among both s.e.xes: but, unlike the inhabitants of the Islands in the Pacific Ocean, they reject the beautiful feathers which the birds of their country afford.

Exclusive of their weapons of offence, and a few stone hatchets very rudely fashioned, their ingenuity is confined to manufacturing small nets, in which they put the fish they catch, and to fish-hooks made of bone, neither of which are unskilfully executed. On many of the rocks are also to be found delineations of the figures of men and birds, very poorly cut.

Of the use or benefit of cloathing, these people appear to have no comprehension, though their sufferings from the climate they live in, strongly point out the necessity of a covering from the rigour of the seasons. Both s.e.xes, and those of all ages, are invariably found naked.

But it must not be inferred from this, that custom so inures them to the changes of the elements, as to make them bear with indifference the extremes of heat and cold; for we have had visible and repeated proofs, that the latter affects them severely, when they are seen shivering, and huddling themselves up in heaps in their huts, or the caverns of the rocks, until a fire can be kindled.

Than these huts nothing more rude in construction, or deficient in conveniency, can be imagined. They consist only of pieces of bark laid together in the form of an oven, open at one end, and very low, though long enough for a man to lie at full length. There is reason, however, to believe, that they depend less on them for shelter, than on the caverns with which the rocks abound.

To cultivation of the ground they are utter strangers, and wholly depend for food on the few fruits they gather; the roots they dig up in the swamps; and the fish they pick up along sh.o.r.e, or contrive to strike from their canoes with spears. Fishing, indeed, seems to engross nearly the whole of their time, probably from its forming the chief part of a subsistence, which, observation has convinced us, nothing short of the most painful labour, and unwearied a.s.siduity, can procure. When fish are scarce, which frequently happens, they often watch the moment of our hauling the seine, and have more than once been known to plunder its contents, in spite of the opposition of those on the spot to guard it: and this even after having received a part of what had been caught. The only resource at these times is to shew a musquet, and if the bare sight is not sufficient, to fire it over their heads, which has seldom failed of dispersing them hitherto, but how long the terror which it excites may continue is doubtful.

The canoes in which they fish are as despicable as their huts, being nothing more than a large piece of bark tied up at both ends with vines.

Their dexterous management of them, added to the swiftness with which they paddle, and the boldness that leads them several miles in the open sea, are, nevertheless, highly deserving of admiration. A canoe is seldom seen without a fire in it, to dress the fish by, as soon as caught: fire they procure by attrition.

From their manner of disposing of those who die, which will be mentioned hereafter, as well as from every other observation, there seems no reason to suppose these people cannibals; nor do they ever eat animal substances in a raw state, unless pressed by extreme hunger, but indiscriminately broil them, and their vegetables, on a fire, which renders these last an innocent food, though in their raw state many of them are of a poisonous quality: as a poor convict who unguardedly eat of them experienced, by falling a sacrifice in twenty-four hours afterwards. If bread be given to the Indians, they chew and spit it out again, seldom choosing to swallow it. Salt beef and pork they like rather better, but spirits they never could be brought to taste a second time.

The only domestic animal they have is the dog, which in their language is called Dingo, and a good deal resembles the fox dog of England. These animals are equally shy of us, and attached to the natives. One of them is now in the possession of the Governor, and tolerably well reconciled to his new master. As the Indians see the dislike of the dogs to us, they are sometimes mischievous enough to set them on single persons whom they chance to meet in the woods. A surly fellow was one day out shooting, when the natives attempted to divert themselves in this manner at his expense. The man bore the teazing and gnawing of the dog at his heels for some time, but apprehending at length, that his patience might embolden them to use still farther liberties, he turned round and shot poor Dingo dead on the spot: the owners of him set off with the utmost expedition.

There is no part of the behaviour of these people, that has puzzled us more, than that which relates to their women. Comparatively speaking we have seen but few of them, and those have been sometimes kept back with every symptom of jealous sensibility; and sometimes offered with every appearance of courteous familiarity. Cautious, however, of alarming the feelings of the men on so tender a point, we have constantly made a rule of treating the females with that distance and reserve, which we judged most likely to remove any impression they might have received of our intending aught, which could give offence on so delicate a subject. And so successful have our endeavours been, that a quarrel on this head has in no instance, that I know of, happened. The tone of voice of the women, which is pleasingly soft and feminine, forms a striking contrast to the rough guttural p.r.o.nunciation of the men. Of the other charms of the ladies I shall be silent, though justice obliges me to mention, that, in the opinion of some amongst us, they shew a degree of timidity and bashfulness, which are, perhaps, inseparable from the female character in its rudest state. It is not a little singular, that the custom of cutting off the two lower joints of the little finger of the left hand, observed in the Society Islands, is found here among the women, who have for the most part undergone this amputation. Hitherto we have not been able to trace out the cause of this usage. At first we supposed it to be peculiar to the married women, or those who had borne children; but this conclusion must have been erroneous, as we have no right to believe that celibacy prevails in any instance, and some of the oldest of the women are without this distinction; and girls of a very tender age are marked by it.

On first setting foot in the country, we were inclined to hold the spears of the natives very cheap. Fatal experience has, however, convinced us, that the wound inflicted by this weapon is not a trivial one; and that the skill of the Indians in throwing it, is far from despicable. Besides more than a dozen convicts who have unaccountably disappeared, we know that two, who were employed as rush cutters up the harbour, were (from what cause we are yet ignorant) most dreadfully mangled and butchered by the natives. A spear had pa.s.sed entirely through the thickest part of the body of one of them, though a very robust man, and the skull of the other was beaten in. Their tools were taken away, but some provisions which they had with them at the time of the murder, and their cloaths, were left untouched. In addition to this misfortune, two more convicts, who were peaceably engaged in picking of greens, on a spot very remote from that where their comrades suffered, were unawares attacked by a party of Indians, and before they could effect their escape, one of them was pierced by a spear in the hip, after which they knocked him down, and plundered his cloaths. The poor wretch, though dreadfully wounded, made shift to crawl off, but his companion was carried away by these barbarians, and his fate doubtful, until a soldier, a few days afterwards, picked up his jacket and hat in a native's hut, the latter pierced through by a spear. We have found that these spears are not made invariably alike, some of them being barbed like a fish gig, and others simply pointed. In repairing them they are no less dexterous than in throwing them. A broken one being given by a gentleman to an Indian, he instantly s.n.a.t.c.hed up an oyster-sh.e.l.l, and converted it with his teeth into a tool with which he presently fashioned the spear, and rendered it fit for use: in performing this operation, the sole of his foot served him as a work-board. Nor are their weapons of offence confined to the spear only, for they have besides long wooden swords, shaped like a sabre, capable of inflicting a mortal wound, and clubs of an immense size. Small targets, made of the bark of trees, are likewise now and then to be seen among them.

From circ.u.mstances which have been observed, we have sometimes been inclined to believe these people at war with each other. They have more than once been seen a.s.sembled, as if bent on an expedition. An officer one day met fourteen of them marching along in a regular Indian file through the woods, each man armed with a spear in his right hand, and a large stone in his left: at their head appeared a chief, who was distinguished by being painted. Though in the proportion of five to one of our people they pa.s.sed peaceably on.

That their skill in throwing the spear sometimes enables them to kill the kangaroo we have no right to doubt, as a long splinter of this weapon was taken out of the thigh of one of these animals, over which the flesh had completely closed; but we have never discovered that they have any method of ensnaring them, or that they know any other beasts but the kangaroo and dog. Whatever animal is shewn them, a dog excepted, they call kangaroo: a strong presumption that the wild animals of the country are very few.

Soon after our arrival at Port Jackson, I was walking out near a place where I observed a party of Indians, busily employed in looking at some sheep in an inclosure, and repeatedly crying out, 'kangaroo, kangaroo!'

As this seemed to afford them pleasure, I was willing to increase it by pointing out the horses and cows, which were at no great distance. But unluckily, at the moment, some female convicts, employed near the place, made their appearance, and all my endeavours to divert their attention from the ladies became fruitless. They attempted not, however, to offer them the least degree of violence or injury, but stood at the distance of several paces, expressing very significantly the manner they were attracted.

It would be trespa.s.sing on the reader's indulgence were I to impose on him an account of any civil regulations, or ordinances, which may possibly exist among this people. I declare to him, that I know not of any, and that excepting a little tributary respect which the younger part appear to pay those more advanced in years, I never could observe any degrees of subordination among them. To their religious rites and opinions I am equally a stranger. Had an opportunity offered of seeing the ceremonies observed at disposing of the dead, perhaps, some insight might have been gained; but all that we at present know with certainty is, that they burn the corpse, and afterwards heap up the earth around it, somewhat in the manner of the small tumuli, found in many counties of England.

I have already hinted, that the country is more populous than it was generally believed to be in Europe at the time of our sailing. But this remark is not meant to be extended to the interior parts of the continent, which there is every reason to conclude from our researches, as well as from the manner of living practised by the natives, to be uninhabited. It appears as if some of the Indian families confine their society and connections within their own pale: but that this cannot always be the case we know; for on the north-west arm of Botany Bay stands a village, which contains more than a dozen houses, and perhaps five times that number of people; being the most considerable establishment that we are acquainted with in the country. As a striking proof, besides, of the numerousness of the natives, I beg leave to state, that Governor Phillip, when on an excursion between the head of this harbour and that of Botany Bay, once fell in with a party which consisted of more than three hundred persons, two hundred and twelve of whom were men: this happened only on the day following the murder of the two convict rush cutters, before noticed, and his Excellency was at the very time in search of the murderers, on whom, could they have been found, he intended to inflict a memorable and exemplary punishment. The meeting was unexpected to both parties, and considering the critical situation of affairs, perhaps not very pleasing to our side, which consisted but of twelve persons, until the peaceable disposition of the Indians was manifest. After the strictest search the Governor was obliged to return without having gained any information. The laudable perseverance of his Excellency to throw every light on this unhappy and mysterious business did not, however stop here, for he inst.i.tuted the most rigorous inquiry to find out, if possible, whether the convicts had at any time ill treated or killed any of the natives; and farther, issued a proclamation, offering the most tempting of all rewards, a state of freedom, to him who should point out the murderer, in case such an one existed.

I have thus impartially stated the situation of matters, as they stand, while I write, between the natives and us; that greater progress in attaching them to us has not been made, I have only to regret; but that all ranks of men have tried to effect it, by every reasonable effort from which success might have been expected, I can testify; nor can I omit saying, that in the higher stations this has been eminently conspicuous. The public orders of Governor Phillip have invariably tended to promote such a behaviour on our side, as was most likely to produce this much wished-for event. To what cause then are we to attribute the distance which the accomplishment of it appears at? I answer, to the fickle, jealous, wavering disposition of the people we have to deal with, who, like all other savages, are either too indolent, too indifferent, or too fearful to form an attachment on easy terms, with those who differ in habits and manners so widely from themselves.

Before I close the subject, I cannot, however, omit to relate the following ludicrous adventure, which possibly may be of greater use in effecting what we have so much at heart, than all our endeavours.

Some young gentlemen belonging to the Sirius one day met a native, an old man, in the woods; he had a beard of considerable length, which his new acquaintance gave him to understand, by signals, they would rid him of, if he pleased; stroaking their chins, and shewing him the smoothness of them at the same time; at length the old Indian consented, and one of the youngsters taking a penknife from his pocket, and making use of the best subst.i.tute for lather he could find, performed the operation with great success, and, as it proved, much to the liking of the old man, who in a few days after reposed a confidence in us, of which we had hitherto known no example, by paddling along-side the Sirius in his canoe, and pointing to his beard. Various arts were ineffectually tried to induce him to enter the ship; but as he continued to decline the invitation, a barber was sent down into the boat along-side the canoe, from whence, leaning over the gunnel, he complied with the wish of the old beau, to his infinite satisfaction. In addition to the consequences which our sanguine hopes led us to expect from this dawning of cordiality, it affords proof, that the beard is considered by this people more as an inc.u.mbrance than a mark of dignity.

CHAPTER XII.

The Departure of the French from Botany Bay; and the Return of the 'Supply' from Norfolk Island; with a Discovery made by Lieutenant Ball on his Pa.s.sage to it.

About the middle of the month our good friends the French departed from Botany Bay, in prosecution of their voyage. During their stay in that port, the officers of the two nations had frequent opportunities of testifying their mutual regard by visits, and every interchange of friendship and esteem. These ships sailed from France, by order of the King, on the 1st of August, 1785, under the command of Monsieur De Perrouse, an officer whose eminent qualifications, we had reason to think, ent.i.tle him to fill the highest stations. In England, particularly, he ought long to be remembered with admiration and grat.i.tude, for the humanity which marked his conduct, when ordered to destroy our settlement at Hudson's Bay, in the last war. His second in command was the Chevalier Clonard, an officer also of distinguished merit.

In the course of the voyage these ships had been so unfortunate as to lose a boat, with many men and officers in her, off the west of California; and afterwards met with an accident still more to be regretted, at an island in the Pacific Ocean, discovered by Monsieur Bougainville, in the lat.i.tude of 14 deg 19 min south, longitude 173 deg 3 min 20 sec east of Paris. Here they had the misfortune to have no less than thirteen of their crews, among whom was the officer at that time second in command, cut off by the natives, and many more desperately wounded. To what cause this cruel event was to be attributed, they knew not, as they were about to quit the island after having lived with the Indians in the greatest harmony for several weeks; and exchanged, during the time, their European commodities for the produce of the place, which they describe as filled with a race of people remarkable for beauty and comeliness; and abounding in refreshments of all kinds.

It was no less gratifying to an English ear, than honourable to Monsieur De Perrouse, to witness the feeling manner in which he always mentioned the name and talents of Captain Cook. That ill.u.s.trious circ.u.mnavigator had, he said, left nothing to those who might follow in his track to describe, or fill up. As I found, in the course of conversation, that the French ships had touched at the Sandwich Islands, I asked M. De Perrouse what reception he had met with there. His answer deserves to be known: "During the whole of our voyage in the South Seas, the people of the Sandwich Islands were the only Indians who never gave us cause of complaint. They furnished us liberally with provisions, and administered cheerfully to all our wants." It may not be improper to remark, that Owhyee was not one of the islands visited by this gentleman.

In the short stay made by these ships at Botany Bay, an Abbe, one of the naturalists on board, died, and was buried on the north sh.o.r.e. The French had hardly departed, when the natives pulled down a small board, which had been placed over the spot where the corpse was interred, and defaced everything around. On being informed of it, the Governor sent a party over with orders to affix a plate of copper on a tree near the place, with the following inscription on it, which is a copy of what was written on the board:

Hic jacet L. RECEVEUR, E.F.F. minnibus Galliae, Sacerdos, Physicus, in circ.u.mnavigatione mundi, Duce De La Perrouse.

Obiit die 17 Februarii, anno 1788.

This mark of respectful attention was more particularly due, from M. De Perrouse having, when at Kamschatka, paid a similar tribute of grat.i.tude to the memory of Captain Clarke, whose tomb was found in nearly as ruinous a state as that of the Abbe.

Like ourselves, the French found it necessary, more than once, to chastise a spirit of rapine and intrusion which prevailed among the Indians around the Bay. The menace of pointing a musquet to them was frequently used; and in one or two instances it was fired off, though without being attended with fatal consequences. Indeed the French commandant, both from a regard to the orders of his Court as well as to our quiet and security, shewed a moderation and forbearance on this head highly becoming.

On the 20th of March, the 'Supply' arrived from Norfolk Island, after having safely landed Lieutenant King and his little garrison. The pine-trees growing there are described to be of a growth and height superior, perhaps, to any in the world. But the difficulty of bringing them away will not be easily surmounted, from the badness and danger of the landing place. After the most exact search not a single plant of the New Zealand flax could be found, though we had been taught to believe it abounded there.