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 made acquainted with the circumstance, immediately went to the spot with an armed party, where some of them being heard among the bushes, they were fired at; it having now become absolutely necessary to compel them to keep at a greater distance from the settlement.

CHAPTER V

Settlement of Rose Hill
The Golden Grove returns from Norfolk Island
The storeships sail for England
Transactions
James Daley tried and executed for housebreaking
Botany Bay examined by the governor
A convict found dead in the woods
Christmas Day
A native taken and brought up to the settlement
Weather
Climate
Report of deaths from the departure of the fleet from England to the
31st of December 1788

November.] The month of November commenced with the establishment of a settlement at the head of the harbour.  On the 2nd, his excellency the governor went up to the Crescent, with the surveyor-general, two officers, and a small party of marines, to choose the spot, and to mark out the ground for a redoubt and other necessary buildings; and two days after a party of ten convicts, being chiefly people who understood the business of cultivation, were sent up to him, and a spot upon a rising ground, which his excellency named Rose Hill, in compliment to G. Rose Esq. one of the secretaries of the treasury, was ordered to be cleared for the first habitations.  The soil at this spot was of a stiff clayey nature, free from that rock which every where covered the surface at Sydney Cove, well clothed with timber, and unobstructed by underwood.