two-thirds of a pound from such as were at two-thirds allowance. The
settlement was to continue at this ration until the return of the
_Sirius_, which was expected not to exceed six months. But public labour
was not affected by this reduction. The cellar being completed and ready
for the reception of the spirits that were on board the _Fishburn_, they
were landed from that ship; and she, being cleared and discharged from
government employ, hove down, and prepared for her return to England.
A gang of convicts were employed in rolling timber together, to form a
bridge over the stream at the head of the cove; and such other public
works as were in hand went on as usual; those employed on them in general
barely exerting themselves beyond what was necessary to avoid immediate
punishment for idleness.
A warrant having about this time been granted by the governor, for the
purpose of assembling a general court-martial, a defect was discovered in
the marine mutiny act; and it was determined by the officers, that, as
marine officers, they could not sit under any other than a warrant from
the Lords Commissioners of the Admiralty. The marines are so far distinct
from his Majesty's land forces, that while on shore in any part of his
Majesty's dominions, they are regulated by an act of parliament passed
expressly for their guidance; and when it was found necessary to employ a
corps of marines during the late war in America, they were included in
the mutiny act passed for his Majesty's forces employed in that country.
This provision having been neglected on the departure of the expedition
for this country, and not being discovered until the very instant when it
was wanted, all that could be done was to state their situation to the
governor, which they did on the 13th. and at the same time requested,
'That they might be understood to be acting only in conformity with an
act of the British legislature, passed expressly for their regulation
while on shore in any part of his Majesty's dominions; and that they had
not in any shape been wanting in the respect that belonged to the high
authority of his Majesty's commission, or to the officer invested with it
in this country.'
On the 24th a party of natives, meeting a convict who had straggled from
the settlement to a fence that some people were making for the purpose of
inclosing stock, threw several spears at him; but, fortunately, without
doing him any injury. The governor, on being
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