1787 I believe that you are no stranger to my circumstances in life; and that you know my daily pay to be the whole of the fortune 27 April. I am possessed of, to support and educate them, as well as to maintain myself. But do not, my dear sir, be alarmed, and suppose me about to solicit your assistance for an addition to this income, for, in truth, that is not my design. family. My only view in mentioning the situation in which cruel necessity Provision for compels me to leave Mrs. Ross and my young family is, that in case any accident should deprive them of their all, in depriving them of me, you will then permit me to hope that your friendly assistance and interest shall be employ'd in endeavouring to procure for the widow and fatherless some compensation from the public. As you are yourself both a husband and a father-both of which may you long continue to be in peace, health, and happiness-you will the more readily enter my present feelings, and the more easily excuse this application. Could I but be assured that Mrs. Ross and little ones would have your friendship to plead their cause in support of their claim, my oppress'd mind would then be reliev'd in some measure from a weighty load of the care and anxiety which you must naturally suppose me, at this time, A load to suffer on their account. of care. tunity for I have now only to add that this is the first instance in which the corps of marines has been employ'd in any way out of the An opporusual line of duty, and as I firmly believe that any part of it being the marines. so employ'd is entirely owing to your friendly wish of drawing the corps forth from that subordinate obscurity in which it has hitherto moved,-impress'd with this belief, permit me to offer you my own as well as the sincerest thanks of the officers of the detachment under my command, for the generous opinion you have shown in favour of the corps, and to assure you that every nerve shall be strain'd in the faithful and diligent discharge of our duty, and I entertain not a doubt but that the conduct of the whole will be such as will not only do credit to your recommendation, but give satisfaction to the Administration. These much-wished-for objects obtain'd, I shall then ardently hope that what you once hinted to me might be the consequence, will, with your assistance, take place, and that we shall no more return to our original obscurity, but become an active corps of your own creation. An active Adieu, my dear sir, and with real esteem and regard, believe corps. me, &c., R. Ross. LORD SYDNEY TO GOVERNOR PHILLIP. Sir, 28 April. 1787 for that purpose should be in your possession, his Majesty has 27 April. been pleased to name Captain John Hunter, second captain of his Majesty's ship the Sirius, to be Governor of the said territory in either of those events, and to sign a commission for that purpose, which I herewith send you. Hunter's dormant commission. 3 May. Sailing orders for Botany Bay. 5 May. Phillip may leave the convoy. 5 May. * I am, &c., SYDNEY. GOVERNOR PHILLIP TO SECRETARY STEPHENS. Sir, [London] May 3d, 1787. You will please to inform the Right Hon'ble the Lords Commissioners of the Admiralty that I have received their Lordships' order for the Hyæna's going one hundred leagues to the westward with his Majesty's ship under my command, and the order respecting the Supply, tender, as likewise their Lordships order to proceed to Botany Bay, on the coast of New South Wales, which orders I shall carry into execution with all possible expedition. I have, &c., A. PHILLIP. LORD SYDNEY TO THE LORDS OF THE ADMIRALTY.† My Lords, Whitehall, 5th May, 1787. As it may be expedient for Capt. Phillip to arrive upon the coast of New South Wales previous to the convoy under his protection, in order to fix upon an eligible spot for their settlement, and to make proper arrangements for the landing of the marines and convicts, I am commanded to signify to your Lordships the King's pleasure that you do authorize Captain Phillip, upon his leaving the Cape of Good Hope, to proceed, if he thinks fit, to the said coast of New South Wales in the Supply, tender‡, leaving the convoy to be escorted by the Sirius to the rendezvous which he may fix upon. [No signature.] Sir, LORD SYDNEY TO GOVERNOR PHILLIP. Whitehall, 5th May, 1787. It has not been thought advisable that the detachment of marines intended to be landed on the coast of New South Wales shall be constantly supplied with wine or spirits, but as it may happen that the service upon which they may be employed may require such an addition to the ration with which they are directed to be supplied, I am commanded to acquaint you that the marines. upon your arrival at Rio de Janeiro, or at the Cape of Good Hope, you have permission to order the Commissary to purchase such a quantity of spirits or wine for their use as he can obtain Spirits for *Not recorded. †This letter is not signed, but it is obviously from Lord Sydney. This proposal was carried out by Phillip, but owing to the bad sailing of the Supply he arrived at Botany Bay only one day before the Alexander, Scarborough, and Friendship, and two days before the Sirius, Charlotte, Prince of Wales, and Lady Penrhyn. See Phillip's letter to Lord Sydney, post, p. 121. for £200. You will order him to draw bills upon the Treasury for that sum, and cause the said wine or spirits to be issued to the said marines at such times and in such proportions as you may judge requisite; you will, however, observe that no further quantity of wine or spirits will hereafter be allowed for that I am, &c., purpose. Sir, LORD SYDNEY TO GOVERNOR PHILLIP. SYDNEY. 1787 5 May. Whitehall, 5th May, 1787. By your instructions under the Royal Sign Manual, you are referred to the Lords Commissioners of the Admiralty for permission to discharge forty of the petty officers and men belonging to the Sirius, in case you should hereafter have it in your power to dispense with the service of that ship, but it has since been determined that after your arrival at New South Wales Seamen your proceedings should be regulated by the Secretary of State, discharged. and I am in consequence to signify to you that you have mission to discharge as many of the said forty petty officers and seamen from the Sirius as you may think proper, whenever you may determine to send that ship to England, and also to discharge twenty petty officers and men from the Supply, tender, in like manner, in case you should order the said tender to return home, provided that there be left on board the said ship and tender a sufficient number of men to navigate them during the voyage. per You have also permission, if you should find it necessary, to discharge from time to time from the Sirius or the Supply, tender, any of the marines belonging to the detachment appointed to serve on shore whenever any event shall take place to reduce the number of which the said detachment now consists. I am, &c., Vice LETTERS PATENT CONSTITUTING THE VICE-ADMIRALTY COURT. GEORGE THE THIRD by the Grace of God of Great Britain France Commission and Ireland King Defender of the Faith. To our trusty and well- to form a beloved Arthur Phillip Esquire our Captain-General and Governor- Admiralty in-Chief of the territory called New South Wales extending from Court. the Northern Cape or extremity of the coast called Cape York in the latitude of ten degrees thirty-seven minutes south to the southern extremity of the said territory of New South Wales or South Cape in the latitude of forty-three degrees thirty-nine minutes south and of all the country inland to the westward as far as the one hundred and thirty-fifth degree of east longitude reckoning from the meridian of Greenwich including all the islands adjacent in the Pacific Ocean within the latitude aforesaid of 10° 37' south and 43° 39′ south and our Captain-General and Governor-in-Chief of the said territory called New South Wales for the time being, 1787 5 May. Act of recited, 11 & c. 7. Robert Ross Esquire, Lieutenant-Governor of the said territory called New South Wales and the Lieutenant-Governor of the said territory for the time being, Andrew Miller Esquire, Commissary of Stores and Provisions in the said territory called New South Wales, and the Commissary of Stores in the said territory for the time being, Augustus Alt Esquire, Surveyor of Lands in the said territory called New South Wales, and the Surveyor of Lands in the said territory for the time being, John Hunter Esquire, second Captain of our ship Sirius, William Bradley Esquire, first Lieutenant, Philip Gidley King Esquire, second Lieutenant, and George William Maxwell, third Lieutenant of the said ship Sirius, Henry Lidgbird Ball Esquire, Lieutenant and Commander of the Supply, armed tender, and all other Captains and Commanders of our ships who are or shall be within the Admiralty jurisdiction of the said territory called New South Wales, Greeting: Whereas by an Act of Parliament made in the eleventh and twelfth year of the reign of our late Royal Predecessor King Parliament William the Third intituled an Act for the more effectual suppres12 Wm. III, sing of Piracy (reciting as therein recited) it is amongst other things enacted that all piracies, felonies or robberies committed in or upon the sea or in any haven, river, creek or place where the Admiral or Admirals have power authority or jurisdiction may be examined, enquired of, tryed, heard, and determined and adjudged according to the directions of the said Act in any place at sea or upon the land in any of his said late Majesty's islands, plantations, colonies, dominions, forts or factories to be appointed for that purpose by his said late Majesty's Commission or Commissions under the Great Seal of England, or the Seal of the Admiralty of England, directed to all or any of the Admirals, Vice-Admirals, Rear-Admirals, Judges of Vice-Admiralties or Commanders of his said late Majesty's ships-of-war, and also to all or any such person or persons officer or officers by name or for the time being as his said late Majesty should think fit to appoint : Trial by Commissioners. Power to commit and to assemble a Court of seven members, or three, who should Which said Commissioners should have full power jointly or severally by warrant under the hand or seal of them or any one of them to commit to safe custody any person or persons against whom information of piracy, robbery or felony upon the sea should be given upon oath and to call and to assemble a Court of Admiralty on ship-board or upon the land when and as often as occasion should require, which Court should consist of seven persons at the least: And it is thereby further enacted that if so many of the persons aforesaid could not conveniently be assembled, any three of the have power aforesaid persons, whereof the president or chief of some English four more. factory or the Governor, Lieutenant-Governor or member of his to summon said late Majesty's Council in any of the plantations or colonies aforesaid or Commander of one of his late Majesty's ships was always to be one (should be one), should have full power and authority by virtue of the said Act to call and assemble any other persons on ship-board or upon the land to make up the number of seven : 1787 5 May. And it is thereby also provided that no persons but such as were known merchants, factors or planters or such as were captains lieutenants or warrant officers in any of his late Majesty's ships-of- Qualifiwar or captains, masters or mates of some English ship should be capable of being so called and sitting and voting in the said Court: cations. rants of summon evidence, sentence. And it is thereby further enacted that such persons, called and assembled as aforesaid, should have full power and authority Power to according to the course of the Admiralty to issue warrants for issue warbringing up any persons accused of piracy or robbery before them arrest, to to be tryed heard and adjudged, and to summon witnesses and take witnesses, informations and examinations of witnesses upon their oath, and to take to do all things necessary for the hearing and final determination and to of any case of piracy robbery and felony, and to give sentence and pronounce judgement of death, and to award execution of the offenders convicted and attainted as aforesaid according to the civil law and the methods and rules of the Admiralty, and that all and every person and persons so convicted and attainted of piracy and robbery should have and suffer such losses of lands, goods, and chattels as if they had been attainted and convicted of any piracies, felonies, and robberies according to a statute made in the twenty-eighth year of the reign of King Henry the Eighth for tryals of treasons, 28 Hen. felonies, robberies, murthers and confederacies commited upon the VIII, c. 15. sea: Which said first-recited Act by another Act made in the fifth year of the reign of our late Royal Predecessor Queen Anne, was continued from the expiration thereof for the further term of seven years and from then to the end of the then next session of Parliament which by another Act made in the first year of the reign of our late Royal Ancestor King George the First was revived from the twenty-ninth day of September 1715 and was to be in force during the continuance of that Act which was to continue for five 8 Geo. I, years and from then to the end of the next session of Parliament c. 24, made perpetual. and which by an Act made in the sixth year of the reign of our said late Royal Ancestor King George the First was made perpetual : And whereas by one other Act of Parliament made in the eighth year of the reign of our said late Royal Ancestor King George the First entituled an Act for the more effectual suppression of Piracy (reciting as therein is recited) It is amongst other things thereby enacted that all and every person and persons therein and thereby declared to be guilty of or accessory or accessories to any piracy H |