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Decisions of the Superior Courts of New South Wales, 1788-1899

Atkins Diary 1794

January 1.t 1794.  We begin the New Year with very seasonable rains which will ensure us a tollerable, tho' late crop of Indian Corn.  Wind S E. 2  Fine genial Showers.  Wind East.  3  Showers. Went to Sydney  The Governor as usual very polite.  Wind East.  4  Showers, came up from Sydney  Wind East.  5  Cloudy.  The Francis a Colonial vessel sailed for Norfolk.  Ration this week 8 ld Wheat, 2 ld Paddy [a]nd 4 ld Beef.  Wind S E. 6  Rain  Wind S E.  7  Rain  Wind N E.  [8]  Continual heavy rain.  Wind N E. Fine growing weather.  9 Fine [w]eather wind East.  10  Cloudy - Wind North.  A most atrocious murder was committed by persons unknown on the body of one Lewis, he was supposed to be worth some money which he allways carried about him, he was found buried under some wood,, his throat cut and two stabs in [h]is side.  11  Sultry, Wind North.  12 o.  Wind North, about 4 o'[c]lock in the afternoon the wind changed to the S E, a heavy rain came on with thunder and lightening, and an instantaneous gale of wind the heavyest I ever experienced, it tore trees up by the roots, unrooft many houses, among others my own, and I am much afraid we shall hear of accidents happening to some of the boats going to Sydney, it held up for some short time but the rain, thunder and lightening came on again about 8 o'clock, and continued with intervals the whole night.


13  Showers, Wind East.  It appears that he heavy gale of wind which came on the 12 was partial and came in a column, its course was N E to N W.  14  Showers, hard rain in the Night with heavy wind at S E.  15  Cloudy with wind at S E. rain in the Evng16  Rain high wind from S E. which continued the whole night.  17  Heavy rain from the S E.  18. Fine warm weather.  Wind N W.  19  Hott wind Do. it appears from general observation that the rain comes from the S E or S W (rarely tho' sometimes from N E) and the hott weather from W. NW &c.  20  Hott wind N W.  21 Do. Do.


22 Do.  Do23  Cloudy.  Wind S E. 24  Sultry.  Wind West.  25  Excessive Hott.  Wind West.  The Ration this week 8 ld Wheat and 3 pound of Pork.  one half of the wheat at the settlement expended.  26  Hott. Wind West, not more than 9 weeks wheat.  Lightening from the W.ward.  27.  Sultry, Wind West with thunder in the Evening.  28  Sultry with Showers from the Eastward.  29  Showers.  Wind South.  30  Sultry with Showers Wind East.  Crimes multiply fast punishment seems to have little effect with the most part.  Some preventative orders which had been given out by The Govr Phillips were suffer'd to grow obsolete wh. in my opinion is one great cause of the present multiplicity of crimes; the Freemen have had to great liberty, and have in many instances been the receivers of stolen goods. --  31  Sultry at times, and cloudy wind East.


Feby. 1  Cloudy, Wind East.  2  Showers Wind S E.  3  Cloudy Wind N W.  4  Sultry Wind Do5  Excessive Hott.  This is the hottest time of the year.  Wind East.  6  Hot and cloudy  Wind South.  Our stores diminish fast, there is not more than a months provision (salt meat) in the store, what means will be taken to provide the convicts with a ration in case of no ship coming, is yet unknown.  7  Showers with heat.   Wind West.  God Almighty has been very bountiful to us in giving us such fine refreshing showers, which will secure to us a good crop of Indian Corn, of the greatest consequence to us, when we have every reason to believe that little or no assistance will be given us from Europe. and it is much to be feared that the Shaw Hamauzur will fail us, as her time is expired.  8  Hott. Wind East.  The Ration the same as before.  9  Excessive Hott.  Wind N W.  Thunder, lightening and rain from the S E.  Hott . Wind 10  Hott. Wind East.  11  Hott. Wind N W. a Woman coming from Prospect hill was speared by the Natives. 


Eight men absconded from the Settlement and are gone into the woods, most probably for the purpose of robbing the Settlers. and this day 7 more from this place likewise absconded, but were taken attempting to take a boat away.  they are all Irish that came out either in the Bodington or Sugar cane.  12  Excessive Hott.  Wind West.  Rain much wanted.  13.  Yesterday at 2 o'clock the Sloop from Norfolk Island arrived at Sydney, and Officer and a party of soldiers came in her, we are not yet acquainted with the reason.  There is now only 3 weeks ration of Wheat and meat in store.  Cloudy and Hott  Wind East.  14  Cloudy and Hott.  Wind N E.  Yesterday went to Toongabbe for the first time these 12 months.  The Crop of Indian Corn looks well.  This day two years the Pitt arrived.  15  Some rain in the morning from the S W but the wind shifting to the N W it cleared up and became excessive hott.  We have very favourable accounts of the crops at Norfolk Island, Wheat is so low as 5s/ pr Bushell and Indian Corn at 2s/6d, from forty to Sixty and even 80 Bushells were not uncomon.  16  Hott Wind East.  17  Hott. Wind S E. some small showers in the Night.  18 Cloudy W. West.  A Heavy shower from the N W. which is not very common.  19  Hott. Wind N W.  20  Cloudy W. East.


21  Cloudy and Hott.  Wind S E.  22  Cloudy Wind East.  There appears to be a very great difference of opinion with regard to the Government of this country and its dependencies between Grs. G. and K. tho' in my opinion there ought to be but one, for without all about it is a civil Government, and the military are subordinate to it, but this is not the prevailing opinion with those who have now the power.  The Magistrates are laid aside, a civil court has never been called since Govr. P left us, &c. and altho' the act passed for the Establisshment of this colony, says ``Now are in all things to conform as nearly to the constitution of England as circumstances will admit" yet the reverse is followed.  23  Small showers.  Wind S E.  24  Fine Showers for most of the day  Wind S E.  25  Cloudy in the morning, and Hott.  Wind West.  26  Went down to Sydney, ship sailed for Norfolk, Cloudy Wind East.  27.  Cloudy, went with Major to his farm, the buildings about the farmyard and the whole together more like and English farm than any I have seen.  28.  Came up from Sydney,  Wind South.  1 March  Showery  Wind S E.  2.  Govr. came up from Sydney dined with him.  Hott:  wind S E.  3  Hott.  Wind S E.  4  Cloudy Wind East.  5  Cloudy and cool.  wind  South. 6.  Cold. the hot weather appears to be gone.  7.  Cool. Wind South  a gentle Shower for about an hour.  8  Ration 4 ld Wheat 6 ld I. Corn and 2 ld Pork, of which there is no more in the Store,  The Wheat is likewise out, and the seed Wheat must be served, it takes about 450 Bushells weekly.  9  This day we got an account of a Ship being in sight, providence sent us it just in time, as it will be the means of saving the seed wheat.  10  The Ship was blown off, we are still ignorant of what she is.  11.  The Ship call'd the William came in from England laden with Beef and Pork, Iron: &c. but unfortunately no Flower Wh. is much wanted.  She brings us accounts of Govr. Phillips


unworthy of their attachment; and if their gracious parent, is pleased to consider its term as sufficient for trial, they are feelingly convinced that it is sufficient for enjoyment.


Who is it then that, favoured with the glorious gospel of the blessed God, reproaches his creator for making his life as it were a span long?  It is the worldly minded and the wicked, whose projects of criminal aggrandisement are disconcerted by the rapid advance of death, and whose expectations are to perish in the grave.  It is the thoughtless and the licentious who (miserable error!) deem the great business of man to be amusement, and who complain with inconsistent propriety, if I may hazard the expression, of the tediousness of hours and of the fleetness of Life.


--  The being who indulges useless sorrow, instead of fulfilling the duties of life, may claim our pity, but should never excite admiration, for in such characters there is no true greatness of soul, or just sentiments of religion; indeed this kind of sorrow is rather the offspring of romantic notions and false refinements, than of sensibility, and a nice sense of duty.


--  Distinguish with exactness, in thyself and others, between wishes and will in the strictest sense - who has many wishes has generally but little will.  Who has energy of will has few diverging wishes.  Whose will is bent, with energy on one, must renounce the wishes of many things.  Who cannot do this, is not stamped with the majesty of human nature.  The energy of choise, the unison of various powers for one is only will, born under the agonies of self-denial and renounced desires.


Sagacity in selecting the good, and courage to honour it, according to its degree, determines your own degree of goodness. --  No wheedler loves.


Who can look quietly at nothing, can never do anything wrong of imitation.


He who has genius and eloquence sufficient either to cover, or to excuse his errors, yet extenuates not, but rather excuses himself, and unequivocally confesses guilt - approches the circle of immortals, whom human language has dignified with the appellation of Gods and saints. -  Who crawling receives, will give superciliously.


There are actions, sentiments, manners, speeches; there is a silence of such magnitude energy, decision - as to be singly worth a whole life of some men.  He who has these features never can act meanly - all his actions, words, writings, however to appearance ambiguous, must be stamped by their superior energy.


There are many who are much acquainted with man and little with the world, others that know the world, and are not acquainted with man.  These two kinds of knowledge, mistaken for each other, occasion many unjust and precipitated decisions.. let every one, really intent on the study of mankind, avoid confounding and carefully search to unite them.-  Sneers are the blasts that proceeds quarrels.


There are rapid moments of joy, and of grief, moments which every one has, at least once in his life, that illuminate his character at once.


Who in certain moments can entirely lose himself in another, and in the midst of the greatest action, thinks of no observer, is a jewel in the crown of human nature.


Who in receiving a benefit, estimates its value more closely than in conferring one shall be a citizen of a better world.


Know that the great art to love your enemy consists in never losing sight of man in him; humanity has power over all that is human; the most inhuman man still remains man, and never can throw off all taste for what becomes a man - but you must learn to wait.


The merely just can generally bear great virtues, as little as great vices.


The more there is of mind in your solitary employments, the more dignity is there in your character:- Truth, wisdom, love seek reasons.  Malice only causes


He who can at all times sacrifice pleasure to duty, approaches sublimity.


Call him Saint, who can forget his own sufferings in the minute grief of others.


Trust him little who praises all, him less who censures all, and him least who is indifferent about all.


He who is master of the fittest moment to crush his enemy and neglects it is born to be a conqueror.


Save me from him who is inexaustible in evasions when he is called upon to do a good thing, and teems with excuses when he has done a bad one.


Take here the grand secret - if not of pleasing all, yet of displeasing none - court mediocrity, avoid originality, and sacrifice to fashion.


A god, an animal, a plant, are not companions of man, nor is the faultless - then judge with lenity of all; the coolest, wisest, best, all without exception, have their points, their moments of enthusiasm, fanaticism, absence of mind, faint heartedness, stupidity. - if you allow not for these, your criticisms on man will be a mass of accusations or caricatures.


Receive no satisfaction from premeditated impertinence - forget it, forgive it - but keep him inexorably at a distance who offered it.


Nature has placed mankind under the governance of two sovereign masters, pain and pleasure.  It is for them alone to point out what we ought to do, as well as to determine what we shall do.  On the one hand the stand of right and wrong, on the other the chain of causes and effects, are fastened to their throne.  They govern us in all we do, in all we say, in all we think.  Every effort we can make to throw off our subjection, will serve but to demonstrate and confirm it.  In words a man may pretend to abjure their empire, but in reality he will remain subject to it all the while.  The principle of utility recognizes this subjection and assumes it for the foundation of that system, the object of which is to rear the fabric of felicity by the hands of reason and of law.  Systems which attempt to question it deal in sounds instead of sense, in caprice instead of reason, in darkness instead of light.


Every man has originally a right, by the gift of God, to the unrestrained enjoyment of life and personal freedom, and to such a portion of the unapropriated production of the earth as is necessary for his comfortable subsistence.


He therefore who deprives another of these gifts, or restrains him in the enjoyment of them, except such deprivation or restraint is sanctioned by divine authority, is guilty of an act of injustice to the individual and of a sin against God.


Everyman originally has authority from God to deprive another of these Gifts, or to restrain him in the enjoyment of them in the following cases and in these only.


1.When in so doing he acts according to the express comand of God.


2.  When he proceeds to such deprivation and restraint so far only, as is necessary for the defence of the gifts of God to himself, or in case his assistance is desired, in the defence of the gifts of God to another, against attacks unauthorized by God.


3.  When he proceeds to such deprivation or restraint in consequence of the consent of the individual suffering it.


4.  Every man sins against God who either voluntarily consents to relinquish or abridge any of his natural rights, or who does not endeavour to resist, by all requisite force every unauthorized invasion of them, except he is persuaded that, by imposing the restraints in question upon himself or by submitting to the imposition of them by another, he shall no in any degree disqualify himself, from answering on the whole, the great purposes of his being.  And in like manner every one sins against God who accepts from another a transfer of any of his rights, unless he is persuaded that by such acceptance he shall not in any degree disqualify the latter from answering, on the whole the great purposes of his being. 


If these propositions are satisfactorily established, they will be found to settle on solid and determinate grounds the obligations of justice in all its brances, and to afford a clear insight into the distinguishing characteristics of what moralists have usually stiled perfect and imperfect rights.


The Idea of a God, at the same distance from all men, serves to console us from that shocking superiority of rank and fortune under the oppression of which we live.  It is necessary to transport ourselves to the heights religion discovers, to consider with a kind of calmness and indifference the frivolous pretensions of some, and the confident haughtiness of others; and such objects of regret or of envy, which appeared a Colossus to our imagination, are changed into a grain of sand, when we contrast them with the grand prospects which such sublime meditations display to our view.


Religion then comes continually to assist the civil legislation, it speaks a language unknown to the laws, it warms that sensibility which ought to advance even before reason, it acts like light and interior warmth, as it both enlightens and animates; and what we have not sufficiently observed, is, that in society its moral sentiments are the imperceptible tie of a number of parts, which seem to be held by their own agreement, and which would be successively detached if the chain which united them was ever to be broken.


A perfect model is necessary to fix the admiration of men, and it is only by an intercourse more or less constant with that first model, that several opinions which seem, in appearance, to arise merely from convenience, have consistency.


Every thing is replaced and firmly established by religion, it surrounds, I may say, the whole system of morality, resembling that universal and mysterious force of physical nature, which retains the planets in their orbits, and subjects them to a regular revolution; and which, in the midst of the general order it maintains, escapes the observation of men, and appears to their feeble sight, unconscious of its own work.


What a subject for glory are the endowments of the mind, when we can consider them as a participation of a sublime nature, of which God alone is the perfect model.  And how delightful then to yield to the ambition of elevating ourselves still more, by exercising our thoughts, and improving all our faculties.


In short how many charms has the observation of nature, when, at every new discovery, we believe we advance a step towards an acquaintance with that exalted wisdom which has prescribed laws to the universe, and maintains it in harmony!  It is then and only then, that the study is truly interesting, and the progress of knowledge becomes an increase of happiness.


And that while religion improves the understanding, it affords a solid support during the different vicissitudes of life. --  It is the friend of the oppressed, the refuge of the being, who has been unjustly or cruelly slandered, as well as the man of feeling, who is fatiuged with viewing the vices and depravity of the world.


Without these enlivening hopes where would be the enjoyment of friendship.  how unite to that charm of our days the habitual image of a death without hope?  It would indeed be a dream of pleasure, and we should soon wake to a keener sense of anguish;  In short, the world without the Idea of God, would be only a desert embelishd by a few delusions --,  Yet men, disenchanted by the light of reason, would find nothing throughout but subjects of sadness.


The most distinct characteristick of Christianity is the spirit of charity and forbearance which pervades its precepts.  The ancients undoubtedly, respected the beneficent virtues; but the precept which commends the poor and the weak, to the protection of the opulent, belongs essentially to our religion.  With what care, with what love the Christian legislator returns continually to the same sentiment and interest!  The tenderest pity lent to his words a persuavive unction, but, I admire, above all the awful lesson he has given, in explaining the close union established between our sentiments towards the supreme being and our duties towards men.  Thus, after having termed the love of God, the first commandment of of the Law, the Evangalist adds, and the second, which is like unto it, is to love thy neighbour as thyself.  The second, which is like unto it!  what simplicity, what extent in that expression!  Can any thing be more interresting and sublime, than to offer continually to our mind the Idea of a God taking on himself the gratitude of the unfortunate?  where find any principle of morality, of which the influence can ever equal such a grand thought?   The poor, the miserable, however abject their state, appear surrounded with the symbol of glory, when the love of humanity becomes an expression of the sentiments which elevate us to God, and the mind ceases to be lost in the immensity of his perfections, when we hope to maintain an habitual intercourse with the supreme being, by the services which we render unto men.  It is thus that a single thought spreads a new light on our duty, and gives to Metaphisical Ideas a substance comformable to our organs.


A composition is perfect, when the matter rises out of the subject, when the thoughts are agreable to the matter, and the expressions suitable to the thoughts.  Where there is no inconsistency from the beginning to the end.  When the whole is perspicuous in the beautiful order of its parts, and formed in due symetry and proportion.


Epitaph on Miss Cambell, of musical abilities, who excelled

in an eminent degree on the pedal-harp.


O' pensive passenger, do not deny

To pause awhile and weep upon this tomb;

For here the cold remains of Cambell lie -

This narrow spot the vernal maidens doom.


With her, alas! The fairest talents fell -

And now her harp's melodious song is o'er;

Gone is that pulse, which pity lov'd to swell

And all her virtues are on earth no more.


Yes, she was gentle as the twilight breath,

That on the fainting violet's bosom blows,

Meekly she bow'd her to the frost of death

In faded semblance of the silver rose.


And oft low bending o'er this hallow'd ground

Shall the pure angel, innocence appear;

And friendship like a hermit, shall be found,

To bathe the cricling sod with many a tear.


On the death of a much loved Parent.


O Friend!  if Agony could ne'er displace

Peace from her soul, or beauty from her face

If years of sufferance like some Saint she bore

And breath'd to virtue, till she breath'd no more.


whom we may expect soon to see.  The Ship left London 9 months ago, and stopt at Cork 3 months.  A Brig likewise is come in from Bengal, she was taken by the French, but 2 days after was retaken by the English Fleet, she was bound for this place with Beef Arrack &c &c.  12  The Ship has 2080 Barrels of Beef and Pork.  Some Iron, Grind Stones, with very little private trade.  13.  Went down to Sydney and dined with the Lt. Governor.  Govr. Phillips will without a doubt be out, if his health will permit him, which is very uncertain.  14  The Shaw-hamazur which sailed for India, has never been heard of since she left this, she has had full time to reach Bengal, but no accounts of her had reached that place. 


15.  Left Sydney by land walked to Surveyor Generals farm 7 miles distance, The  country opens very fast, farms almost the whole way, which will in a short time join and make one continued range.  16.  Continued my walk to Parramatta about 12 miles, many good farms, and with very little trouble there may be a good road all the way to Sydney.  A heavy Shower in the Evening.  17.  Hott, tendency to rain.  Rain in the Evening  Wind South.  Ration last week 4 ld Pork.  4 Do Wheat and 6 Do. I Corn:  18 Sultry, and cloudy rain in the night from the E:ward.  19  Rain and sultry, hott weather is much wanted for ye backwd corn.  Wind S E.  20  Cloudy  Wind West.  21.  Cloudy with small rain.  Misfortunes come on quick.  I hope God Almighty will give me resolution to bear up against them.  22.  Hott.  Wind West.  This is my birth day and I ought to be thankfull to God Almighty that he has still preserved me from the dangers I have experienced.  Fair was the star under which I was born, but `tis much darkened, yet I will put my trust in him only who is able to carry me thro' this tedious life.  I hope I may deserve it.-  The Ration this week 10 ld I. Corn (which is green and when dried and ground does not produce above 6ld Meal) and 7 ld Beef.  23.  Very Hott.  Wind West.  24  Excessive Hott.  Wind West.  25  Hott.  Wind West.  26.  Do. Do27.  Small rain  Wind East.  28.  Very Hott. Wind West.  29.  Hott  Wind South, lightening in the Night.  30.  Warm.  Rain in the Evening.  Wind East.  31  Rain all the night and day the heaviest I ever experienced in this country.  Hott weather is much wanted to ripen the I.  Corn.  1 April, Continuance of rain.  Wind East.  2  Warm.  Wind East.  3  Showers, with intervals of Hott weather, This day a man was unfortunately kill'd by the fall of a tree.  Sailed the Brig for the N W coast of America, 5 men endeavoured to escape in her, but were brought back and sentenced 300 lashes.  4  The Dadalus arrived from Otaheite.  Warm.  Wind West.  5  Hott Wind West.  The Schooner came from Norfolk Id: and brought some men who had been sent for by the Lt. Govr. for having been the cause of the soldiers having been disarmed by Lt. Govr. King.  Some of them received 100 lashes at the head of the Regiment by the Drummers of the Corps.  If this is not a strong symptom of Military Government I do not know what is.  6  Hott.  Wind West.  Ration 7 ld Beef and 10 ld Indian Corn.  Gott in 4 Acres Wheat.  7  Do. Do8  Cloudy.  Wind West.  9 Do. Do10  Rain and Sun  Wind South.  11  Cloudy  Wind South.  12 Do. Do.  Ration 4 ld Pork 10 ld Indian Corn.  13  Warm  Wind S. E.  14  Rain  Wind East.  15  Rain  Wind East.  Dined with the LtGovr  16  An unfortunate rencontre took place between the Natives and the Constables who guard the corn at Toongable!  They had in the morning drove about 12 of them out of the corn, laden with bags of corn.  In the Evening they returned to the number of 20 and again begun filling their baggs, upon the Constables endeavouring to drive them away, they turned on them, threw some spears but fortunately without hurting any of our men, they then closed in upon them, in consequence one was shott and one cut down with a sword, the head of one is brought in and the Lt. Govr. has preserved it, as a present for Dr. Hunter.  17.  Cool:  Wind S E.  18  Do. Do19 Do. Do.  The Dadalus has brought from Otaheite the bread fruit tree, I am fearful the winters are too cold for it.  We have likewise the Ava tree, the juice of whose fruit they make a drink, wh. when put in fermentation makes an intoxicating liquor.  20  Cloudy,  Wind South.  21  Some rain.  The day after the two Natives were kill'd six others were driven out of the Corn, it will be absolutely necessary, if the preservation of property is an object to take some fatal steps with them.  22  Some rain  Wind West.  23 Do.  A report of two Ships.  Wind East.  24  The Colours were hoisted for Saint George's day, which was the cause of the report of Ships.  Cloudy  Wind East.  25 Do. Do26.  Some rain  Wind S E.  27.  Very warm, seasonable weather for I. Corn.  Wind North. 28 Do. Do29 Do. Do.   30  Went down to Sydney dined and supt with Lt. Govr1 May.  Returned.  2.  Fine weather  Wind S E.  3  Showers.  Wind S E.  4  Cloudy  Wind East.  5  Cloudy and small rain  Wind S E.  6  Tho' I am far putting any faith in dreams, yet last night I had one so extraordinary that I cannot help setting it down the time I had it.  I dreamt that G. P. had arrived from England, that I had some conversation with him, and as we were walking he turned out of the road to look at something and fell into a precipice, I clearly saw him fall, and when he was at the bottom I heard him distinctly say.  I must now go home again.  Soon after I saw the colors on board the ship hoisted half mast high, it was a large ship with a flash deck.  Cloudy.  Wind S E.  7th  Fine warm weather Wind West.  8  Do. Do.  On the 4th sailed the Wm. for the coast to fish.  9  Some small rain.  Wind S E.  10  Rain Wind S W.  11  Continuance of rain very prejudicial to the after I. Corn tho' of some service to the wheat.  W.  S E.  12  Cloudy  Wind West.  The Lieut Govr: is encouraging people to settle, by remitting some short space of their time, he wishes to have an extensive settlement upon the banks of the Hawkesbury, the land is very fine, and it certainly would have been fortunate had the original settlement been formed there.  13.  Warm  Wind N W.  This day seven years Govr: Phillip sailed from England to form the settlement of N.S.Wales.  When he left it there were 1700 Acres in cultivation there are now 4900 and odd, and settlers clearing land every day.  14  Hott.  Wind N W.  15  Warm  Wind West.  16.  Light frosts in the night, warm in the day  Wind West.  17. Do.  wind N W.  every thing excessive high, common brown sugar [3/6] and 4/ per pound.  Tea £1: 1s;  Soap 4/s, Spirits 40/ indeed the [trad]e carried by those of a very different profession does no honor [to] it.  18.  Mild day, high wind from W:ward.  19  Fair W. West.


20.  Do. Do21  Hard Frost, but warm in the day  Wind West.  22  Do. [Do.]   Wind Do23  Do. Do.  A prisoner of the Name of Daverne, bred and [prac]ticed as an Attorney in Dublin and in consequence was indulged [by] the Lt. Govr. to be exempted from work, and a man to bring him [wood] and water given him, formed a party to abscond from the Settlement by taking a boat from Sydney, he was detected and received by the Lt Governors orders 100 lashes very deservedly in my opinion, for ingratitude. --  24  This day arrived the Indispenable  Wt Indiaman with Stores, and brings an account of a number of Ships at the Cape for this Colony, and that Commodore Edwards is on board to take upon him the Government of this Country in the room of the worthy Govr. Phillips who it is said retires upon a thousand a year.  As there is little doubt but that G. P had been consulted in the appointment of his successor he no doubt will see the necessity of restoring the laws to their original value, by putting the civil power in force, for every thing has been military since his departure.  The Lt. G. is a good man, but has much mistaken the Government of this country.  Fair weather  Wind West.  - Sydney falsehood - very common.


If keenest anquish ne'er subdu'd the mind

Where hero courage christian meekness join'd,

If when its aid the feeling tongue deny'd,

 Her speaking eyes extinguish'd voice supply'd,

If every look, each motion that remain'd,

The aprent fondness of her heart explain'd,

If in a husband's and a child's embrace

Dying she prov'd how dear she lov'd her race,

If life's last parting sign was kindly given

That each might share that bliss allied to Heav'n

Which no vain jarrings of the world annoy,

Th' according music of domestic joy.

If without blame from youth to age she trod

Till nature led her to the throne of God;

Well may the muse at tend thy mothers bier

And pay the tribute of a heart-felt tear.

O may the drops of sympathy impart

The hearling balm of comfort to thy heart,

And cheer the drooping little ones like show'rs,

But lot from stores dear mourners, more divine

Than all the wond'rous magic of the Nine;

From more than bards or prophets holy fire

Ev'n could Isaiah strike the heav'nly lyre

On her white pinions, bearing sweet relief

Virtue herself descends to calm your grief.

O hear her hallow'd voice as thus she sings

Dulcet as Music from a thousand strings.

``Forebear to weep, and hush'd be ev'ry sigh

``E'en now her spirit in the realms of rest

``Basks in the cloudless sunshine of the blest

``When filial piety consigns to Earth

``The sacred corpse of her who gave it birth;

``When on the coffin the cold dust descends

``And o'er the closing vault Affection bends;

``VIRTUE permits the kindred tears to flow,

``But mingles comfort in the tide of woe.

``Severe your loss but, oh, a parents gain

``Triumphant pleasure blends with gen'rous pain.

``Forbear to weep a parent in the sky,

``Or weep with joy as you exulting cry,

``Death has no sting, her grave is victory


A Gentleman of the House of York sent a white Rose to a Lady

Of the House of Lancaster.


If this Fair flower offend thy sight

It in thy bosom wear.

`Twill blush to be outdone in white

And grow Lancastrian there.


Spirits of ancient time, to high renown

By martial glory rais'd and deeds august,

At cheiv'd for Britains freedom! patriot hearts,

That fearless of a tyrant's threat'ning arm

Embrac'd your bleeding country!  O'er the page

Where History triumphs in your hold names,

O'er the dim monuments that mark your graves,

Why stream your eyes with pleasure?  `tis the joy

The soft delight that thro' the full heart glows,

From sweet remembrance of departed virtue!

O Britain, parent of illustrious names

While o'er thy annals Mem'ry shoots her eye

How the heart glows, rapt with high-wond'ring Love

And emulous esteem!  Hail Sydney, hail!

Whether Arcadian blythe, by fountain clear,

Piping thy love-lays wild, or Spartan bold.

In Freedoms van distinguish'd, Sydney hail!

Oft o'er thy laurell'd tomb from hands unseen,

Fall flowers; oft in the vales of Penshurst fair,

Menalcas, stepping from his evening fold,

Listening strange music, from the tiny breath

Of fairy minstrels warbled, which of old

Dancing to thy sweet lays they learned well.

On Raleigh's grave, O strew the sweetest flow'rs,

That on the bosom of the green vale blow;

There hang your vernal wreaths, ye village maids

Ye mountain nymphs, your crowns of wild-thyme bring

To Raleigh's honour'd grave!  there bloom the bay,

The virgin Rose, that blushing to be seen,

Folds its fair leaves; for modest worth was his.

A mind where truth, Philosophy's first born,

Held her harmonious reign:  A Britons breast,

That careful still to Freedoms holy pledge

Disdain'd the mean art of a tyrant's colurt

Disdain'd and died!  Where was thy spirit then,

Queen of sea-crowning Isles, when Raleigh bled.

How well he serv'd thee let Iberia tell!

Ask prostrate Cales yet trembling at his name

How well he serv'd thee, when her vanquish'd hand

Held forth the base bribe, how he spurn'd it from him,

And cry'd, I fight for Britain!  Hist'ry rise

And blast the reigns that redden with the blood

Of those that gave them Glory.


25  Showers, with a cold wind from the Westward.  The Shaw Haumazur that sailed from this place for Bengal, stoped at an Island (beleive the Id. of Navigators) where the cheif mate the Purser and Captain Hill of the  N W Wales Corps a passenger went on Shore and were there cut off by the natives, and the whole boats crew.  From the many instances that have happened of this nature it is surprizing any one will be so imprudent as to trust themselves with the Natives; The Stores brought by this Ship consists of Beef, Pork, Flower and Pease, a welcome Cargo, as Indian Corn alone is a bad ration.  26  Some rain in the Night, fine weather with a cold wind from the S W. we are in daily expectation of the remaining part of the Fleet.  28  Cloudy and cold.  Wind West.  29  Hard Frost W. West.  30.  Hard Frost.  Wind West.  31 Do. Do. We are in daily expectation of seeing the Ship that sailed from England with the Indispensable.  The ration this week 8 ld Flour, 3 pints I. Corn and 7 ld Beef.  The Lt. Govr. this day gave an order that those who are out of their time and on the Store should give their names in that they may be sent home in the Ship, from wh. I should suppose he had received some directions on that head from England.


1 June.  Warm.  Wind West.  This day the Brittania  Capn: Raven arrived at Sydney.  2  Went down to Sydney, The Cargo of the Brittania on Government Account consists of Beef, Pork, Rice and Sugar which was purchased at Battavia and out of a Genoise Ship they met in the Straits of Sunds.  They were there attack'd by a Malayse Pirate which they beat off after killing the Captain of her, but 8 more were coming up and had not a breeze of wind sprung up they must have been cut off for they never give quarter.  The Private trade consists of Arrach 164 Gall. For £9. 12.  Sugar at 3s/.  Nankeens &c very cheap.  3  Came up from Sydney.  Kings birth day, dined together in a dull way.  5  Fine weather  Wind West.  6  Stong Wind from South and cold.  Never was such a scene of drunkeness as at Sydney, among the Soldiers in particular, who have received their cloathing money in Liquor, Tea and Sugar, but a great part in the first article.  7  Went down to Sydney with hard Showers  Wind S E.  8  Arrived the Speedy Captain Melville from England with Beef Pork &c.  He gives an account of 5 more Ships with Stores, it seems to be the intention of Government to give this colony a fair chance, and I think they will find it answer, for this colony will certainly maintain itself as far as provisions go.  It must be admitted there are defects in the present form of conducting this colony, both as to administring substantial justice according to the English Laws, and the spirit of monopolizing among those whose professions can lay no claim to it.  They exact even 500 and 600 pr Cent.  but it cannot last.  9  Stay'd at Sydney most heartily tired of the place.  10  Came up.  11  Fair, wind S E.  12. Do. Do13  Cold  Wind  N W.  14  Rain in ye night  Wind  S E.  arrived a Ship from America laden with Spirits, Beef &c.  15  Fair.  W. S W.  16 Do.  Wind   North.  17.  Cloudy  Wind East.  It is much to be lamented that the supplys that are now poring in from different parts will it is to be feared operate differently from what it ought, instead of giving a spur to industry by those who have farms being enabled thereby to employ labourers to clear &c their land, it will only increase the general depravity of it, vice of almost every kind prevails; Gaming, whoring and drunkeness stalk in broad day without the least check.  Religion is laughted at, the Saboth profaned and I am sorry to say sanctioned:  In short neither civil or religious rites are observed.  But Mi:Y all.  18  Rain.  Wind East.  19  Showery, Wind  N W.  The Liquor of the American is purchased by the Lt. Govr.  A great quantity of it which I suppose will be distributed in the usual manner viz civil and military.  20  Strong wind from South, with showers.  21.  Fine weather, W. West.  22.  Strong wind from S W.  23.  Do. mild weather.


24  Cloudy  Wind East.  25  Fine weather till Evening when a heavy Thunder and Lightening Storm from S E fell.  26  Rain  Wind S E.  From this day to the 5th July was very ill, and nothing perticular occurred.  6.  This day a Ship came in Sight which proves to be the Hope from America laden with Spirits and Tobacco, the last article may be usefull, the first we have too much off for the general benefit tho' it is of service to the Trading --.  7.  Fair.  Wind S E.  8  Sailed the Halcyon American, and the Indispensable.  The first for China the second for Bengal  W.  S W.  9  Fine weather  Wind West.  10  Very cold  Wind South, Came in a Brig from Bengal.  A number of the Captains of Ships have purchased farms, which shews at least their ideas of the unsettled state of England.  11  Warm Wind  N W.  12 Do.  Do.


13 Strong Wind from S W.  14 Do. Do15  Warm  Wind West.  16. Do. Do.  From this day to 24th nothing material except the execution of Wm Fleming and N. McDonald two young lads, but ould in villany,  Example was necessary.  25  Fine weather  Wind West.  26 Do. Do  27.  Very warm, The sun approaches fast.  Wind West.  28  Hott.  Wind West.  29  Hott W. D.o  30 Do.  lightening from the East.  31  Hard Frost.  Wind South.  1 Augst.  Sailed the Speedy for the Coast of Peru for whales.  Nothing material to 6 The Lt Govr. came up to Parramatta with his Family &c.  7  Dined with Lt Govr8  Arrived the Speedy from the coast in search of whales, where she met with nothing but Gales of Wind.  9  Lt Govr. set out for the Hawkesborough to visit the state of the Settlement which is formed there, it now consists of 92 Settlers.  On his return he was thrown of the Cart and narrowly escaped being kill'd.  The dogs ran down an Emue.  Weight 150 ld.  Continual gales of wind till the 18th when our fine weather returned with a hard frost.  19  Warm, Wind East.  20 Do. Do  21  Hards Frost, hot in ye day.  Wind S E.  22 Do. Do  23 Do. Do rain much wanted.  24 Do. Do  25  Very heavy squalls of wind from S W.  26  Do27  Hott.  Wind N W.  28 The Country on fire  Wind N W.  29  The Schooner arrived from Norfolk after a passage of 38 days.  30  The wheat begins to turn very yellow and unless we have some rain soon our crop of will fail us.  Wind N W.  31  This day sailed the Brittania for the Cape and the Speedy for the coast of Peru.  Hott.  Wind N W.


1 Septr. To the 5  Hott Weather, every thing parched up for want of rain much of the wheat lost, and much more in a bad way.  Seven [m]en gone off with Mc A. boat.  I suppose upon a China expedition.  [6]  Hott W. N W.  7  Cloudy  Wind East.  8 Do. Do  9  The Colors up but blows hard at South.  10  Arriv'd the Resolution from England laden with Provisions  11  Arrived the Salamander from England laden with Provisions, Gives an acount of a Ship at the Cape with women.  War still continues in Europe.  12  Blows hard from N W. cloudy.  13  Cold wind from the South West.  The two Ships that came in last are going to the South Fishery, very little private trade on board either and what there is we that live here have little chance off.


A Gentleman was asked by a Lady to make a rhyme for Ring.


Your Husband gave to you a Ring

Sett round with diamonds fair,

You gave to him a better thing

A ring sett round with hair.


The Death Song of the Cherokee Indians.


The Sun sets in night, and the Stars shun the day

But glory remains when their lights fade away.

Begin ye tormentors; your threats are in vain

For the Son of Alknomock will never complain.


Remember the arrows he shot from his bow;

Remember your chiefs, by his hatchet laid low

Why so slow?--  Do you wait till I shrink from the pain?

No - The Son of Alknomock will never complain.


Remember the woods where in ambush we lay

And the Scalps which we bore from your nation away.

Now the flame rises fast. - you exult in my pain

But the Son of Alknomock will never complain.


Now I go to the land where my father is gone

His ghost shall rejoice in the fame of his Son,

Death comes like a friend: he relieves me from pain

And thy Son O Alknomock, has scorn'd to complain.


That Juries are at all events Judges both of Law and Fact.


Those who are ignorant of the Law cannot be judges of the Law.


Juries (in common) are ignorant of the Law. -  Therefore Juries (in common) cannot be judges of the Law.


Those who cannot interpret the Law are ignorant of the Law.  Juries (in common) cannot interpret the Law. -  Therefore juries (in common) are ignorant of the Law.


Those who understand not the Language of the Law, cannot interpret the Law. -  Juries ( in common) do not understand the Language of the Law.  Therefore Juries (in common) cannot interpret the Law.


Address to Contentment


CONTENTMENT rosy, dimpled fair

Thou brightest daughter of the Sky,

Why doest thou to the Hut repair

And from the gilded palace fly?


I've traced thee on the peasants cheek

I've marked thee in the milkmaids smile

I've heard thee loudly laugh and speak

Amid the Sons of want and toil.


Yet in the circles of the great

Where fortunes gifts are all combined

I've sought thee early, sought thee late

And ne'er thy lovely form could find.


Since then from wealth and pomp you flee

I ask but competence and thee.


The populace rarely see any creature rise, but they find a reason for it in his parts; when probably the true one will be found in his own baseness or another mans folly.


On reading a Sonnet occasioned by Miranda's to a Sigh


What sounds are those, whose tender minstrelsy

Thus softly steals arthwart my troubled soul!

That mocks Imperious Sorrows rude controul

And whispers comfort to a wretch like me!


Art thou too, say Misfortune's hopeless child?

At what dark alter has thy bosom bow'd?

Mourn'st thou deserted Friendship - Love beguil'd?

No:  Heav'n forbid that grief Thy days should cloud!

For thou (whoe'er thour art) art Mis'ry's friend

Pity with thee her mildestg magic wears. -

Oh could such notice my hapless course attend

To sprinkle patience o'er my path of tears!

Thy Song would soften ev'ry rending Sigh;

That peace restore which He can still deny!


Hott  Wind W E.  15  Do.  Do16  The hardest gale of Wind I ever remember.  Government barn took fire and was burnt down with 1400 Bushell of I Corn and 18 piggs.  A Gazette was found at Sydney, which mentions Capy. Hunter being appointed Govr. of this Colony.  17  Hott, Wind S E.  18  Sultry, Wind E.  19 Do.  Do.  cloudy.  20 Do.  Do21  Cloudy, Wind S E, unless we have rain soon the wheat will fail us.  22  A very hott Wind from the N W.  every thing parched up.  Every thing preparing for the Lt. Govr. gog home.  23  An Intence hott wind from the N W.  24  A seasonable heavey Shower with Thunder and Lightening from the S W.  A man who had run into the woods and attempting to rob a Setler was shot by him and he died in the hospital at Sydney.  There are now seven of them in the woods they have 4 musquets, and are become dangerous.  A man of the name of Bevan broke out of the Prison at Sydney and escaped.  25  Cloudy Wind E.  26  Hott W. E.  The Settlers at the Hawkesbury have kill'd 6 of the Natives, since wh. time they have not seen them how far this is justifiable I cannot say.  27  Hott.  Wind west.  The Daedalus sailed for Norfolk.  28.  A cold wind from the Southward.  God send us rain.  The woods all on fire.  Four men that run into the woods taken.  A large Emue kill'd at the Hawkesbury wt. 106 ld.  Very fine fish in that river.  Elles 6 ld Weight.  The Battavia pork that is served out of the Store, rotten.  Ration 4 ld Flower 5 ld I. Corn.  3 Pints of Pease and 4 ld Pork or 7 ld Beef.  29  Cloudy  Wind East.  30 Do.  Do1 Octr.  Flattering appearances of rain which goes off again to our great didissapointment.  The wheat will fail us, even if rain comes, but it will be of great service to our potatoes and enable us to get in the Indian Corn in time.  Bevan a notorious theif was this day tried and condemned (and executed) at a Criminal Court.  2  Rain, which has been of infinite service to the crops;  3.  Wind East, continuance of rain.  3  Wind Do.  Showery.  4 Do.  Do5 Do.  Do.  Wind N E.  A man of the Name of Webb was fined at a criminal Court fifty pounds for writing what was though an improper letter.  The Court was not competent to take cognizance of it, it is in the jurisdiction of a Civil Court.  -  Hill a Butcher this Evening stabed Burn a Settler of which he died in about an hour, the blessed effects of importing Spirits.  6  Heavy rain from the Eastward.  7  Showers  Wind East.  8  Rain in the Night  Wind East.  9  Thunder and Lightening with showers  Wind West.  10 Do.  Do11  Very Hott Wind West.  Lightening in the Evening.  12  Very Hott.  Wind West.  13  Thunder,  Lightening and some rain.  This day Hill the Butcher was tried and condemned for the Murder of Simon Burn;  14  Hott.  Wind West.  15  Cloudy Wind West.  The Butcher respited for one day.  16  Tendency to rain.  Wind Wt.  Butcher this day was excecuted, denying it to the last, tho' it is certain he was guilty.  May God have mercy on his soul.  The quantity of Cattapillars on the road of the big hill leading to Tongavve is astonishing, they have attacked the wheat and have much injured it.  17  Fair weather  Arrived an American Brig bound for the N W coast of America.  18  Hott.  Wind West.  19  Cloudy Wd. Do20  Excessive Hott  Wind West.  21 Do.  Do22 Do.  Do23 Do. Wind East.  24  Do.  W. W.  25th  A cold wind from the Southward.  26  Hott, Wind W E.  27  Arrived the Surprize from England with 59 Women and 30 Men convicts among wh. are Mr Morir and Palmer and 2 Clergymen from Scotland, exiled for seditious writing.  This Ship brings us the pleasing confirmation of Capt. Hunters appointment to the Governmt. of this country.  Military order will be at an end.  28  Wind South and Cold.  29  Wind S E with Showers.  30  Wind N W.  Hott.  30 Do.  Do31 Do.  Do1  Novr.  Rain Wind S E.  2  Showers  Wind S E.  3  Hott Wind West.  4  Do.  Do5  Mr Freeman the Deputy Comissary died and the Lt Govr. gave the post to one of his own Officers, one of the Store Keepers ought to have succeeded.  6  Hott.  7 Do.  Wind West.  8 Do.  Do9  Sailed the Resolution Capt Lock and carr'd away 10 Convicts.  Likewise sailed the Salamander Capt. Irish.  10  Cloudy.  Wind West.  11  Cloudy and Hott.  Wind West.  12  Excessive Hott  Wind West.  To the 17  Excessive Hott Weather every thing parched up.  Some small drops in Evening.  18  Small Show'rs in the Morning.  Excessive Hott Wind  S E.  If the Dadalus does not arrive from Norfolk this week the LtGovr. will take up the Surprize to carry him to the Cape,  He certainly is right as he may be detained by Govr. Hunter.  19  Excessive Hott  Lightening from the S W.  The weat this year has failed us much.  Government will not have above 7 Bushell Pr. Acre upon an avarage.  Much of the Corn looks well but when threshed does not yeild what might be expected from its appearance; 15 Sheaves yeilded 9 ld Corn and 60. 2 Bushell.  20  Hott.  Wind S E.  21  Rain very seasonable  Wind S E.  22.  Showers, great satisfaction of the Lt Govr.  Wind S E. cloudy.  24.  Hott.  Wind S E.  25  Went to Sydney  26.  Returned from Sydney, was most of the Time with Lt Govr. who emancipated Two convicts at my request.  27.  Excessive Hott Wind W E.  28  Cloudy  S E.  29 Do.  Do30  Showers  Wind S E.  1 Decr.  Heavey Rain from S E.  From this day to the 9th mostly at Sydney the weather variable some rain and hott weather.  The Govr. preparing for his departure.  The American brig sailed leaving behind her three of her hands.  10 very hott  Wind West.  11  Showers  wind S E.  12  Continuance of unsettled Weather,  13 Do14  Do15  Hott and Cloudy, Yesterday two boats with 15 Convicts escaped.  In Governor Phillips time it would almost have been impossible for such a plan of escape to have been put in execution, as so many wise and effectual orders were given.  The more I consider the government of - the more it appears hostile not only to the British constitution but to the ends for which all good [continued]


Published by the Division of Law, Macquarie University