[* The commanding officer of the corps or regiment serving in the territory excepted, who held likewise the civil appointment of lieutenant-governor.]
Similar regulations took place at Sydney, where ’the captain of the day was directed to report to the commanding officer all convict prisoners, stating by whom and on what account they might be confined;’ and this order was in a few days after enforced by another, which directed ’that all inquiries by the civil magistrate were in future to be dispensed with, until the lieutenant-governor had given directions on the subject; and the convicts were not on any account to be punished but by his particular order.’
At Sydney, it had been usual for the magistrates to take examinations, and make enquiry into offences, either weekly, or as occasion required, and to order such punishment as they thought necessary, always reporting their proceedings to the chief authority.
It must be noticed, that at this time the civil magistrates in the colony consisted of the lieutenant-governor and the judge-advocate, who were justices of the peace by virtue of their respective commissions; the Rev. Mr. Johnson; Augustus Alt and Richard Atkins*, Esquires, who had been sworn in as magistrates by authority of the governor.
[* This gentleman had been appointed registrar of the court of vice-admiralty by Governor Phillip.]
As no inconvenience had ever been experienced in the mode which was practised of conducting the business of the settlement, the necessity or cause of these alterations was not directly obvious, and could not be accounted for from any other motive than that preference which a military man might be supposed to give to carrying on the service by means of his own officers, rather than by any other.
On Saturday the 15th the convicts received their provisions according to the ration that was issued before the governor’s departure; but on the Monday following, the usual day of serving provisions to the civil and military, a distinction was made, for the first time, in the ration they received; the commissary being directed to issue to the officers of the civil and military departments, the soldiers, superintendants, watchmen, overseers, and settlers from the marines, six pounds of flour, and but two pounds of rice per man, per week, instead of three pounds of flour, and five pounds of rice, which was the allowance of the convicts. This distinction was intended to be discontinued whenever the full ration could be served.
The stock which had been distributed among the married settlers and others by Governor Phillip for the purpose of breeding from (as has been already observed) appeared to have been thrown away upon them when viewed as a breeding stock for settlers. No sooner had the Atlantic sailed, than the major part of them were offered for sale; and there was little doubt (many of their owners making no scruple to publish