the time of their embarkation; and to ask the
officers to partake of a cold collation at which it is scarce
necessary to observe, that many loyal and public toasts were drank in
commemoration of the day.
In the Governor's commission, the extent of this authority is defined
to reach from the latitude of 43 deg 49 min south, to the latitude of
10 deg 37 min south, being the northern and southern extremities of
the continent of New Holland. It commences again at 135th degree of
longitude east of Greenwich, and, proceeding in an easterly direction,
includes all islands within the limits of the above specified latitudes
in the Pacific Ocean. By this partition it may be fairly presumed, that
every source of future litigation between the Dutch and us will be
for ever cut off, as the discoveries of English navigators alone are
comprized in this territory.
Nor have Government been more backward in arming Mr. Phillip with
plenitude of power, than extent of dominion. No mention is made of a
Council to be appointed, so that he is left to act entirely from his own
judgment. And as no stated time of assembling the Courts of justice is
pointed out, similar to the assizes and gaol deliveries of England,
the duration of imprisonment is altogether in his hands. The power of
summoning General Courts Martial to meet he is also invested with, but
the insertion in the marine mutiny act, of a smaller number of officers
than thirteen being able to compose such a tribunal, has been neglected:
so that a Military court, should detachments be made from headquarters,
or sickness prevail, may not always be found practicable to be obtained,
unless the number of officers, at present in the Settlement, shall be
increased.
Should the Governor see cause, he is enabled to grant pardons to
offenders convicted, "in all cases whatever, treason and wilful murder
excepted," and even in these, has authority to stay the execution of
the law, until the King's pleasure shall be signified. In case of the
Governor's death, the Lieutenant Governor takes his place; and on his
demise, the senior officer on the spot is authorised to assume the reins
of power.
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 assembling a Criminal Court, which was accordingly convened
by warrant from the Governor
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