other esculent plants which are known to be efficacious in that malady. The dysentery also made its appearance, and that with considerable violence; but for this a powerful remedy was discovered on the spot, being a red gum, exuded from a large tree which grows on many parts of these coasts. It is remarkable, also, that for this disease another medicine, but of less efficacy, consisting of a yellow gum, was also found here. This substance is the produce of a low plant which throws out long grassy leaves on every side, and shoots up from its centre a stem of about fourteen feet in height, with a head resembling in form, an ear of Indian corn. Of this stem the natives frequently make their spears or lances. The gum is not extracted from the plant itself, but found deposited at its root.

D

CHAPTER V.

The King's Commission read-Courts of Justice established.

Ir was not till the 7th of February that a sufficient interval of relaxation from necessary labour occurred, for the public reading of His Majesty's commission for the government of the territory of New South Wales and its Dependencies. In this instrument it was stated to extend from the northern cape or extremity of the coast, called Cape York, in the latitude of 10° 37' south, to the southern extremity or South Cape in the latitude of 43° 39', including all adjacent islands within those latitudes; and inland to the westward, as far as the 135th degree of east longitude. Letters-patent were also read for the establishment of courts of civil and criminal judicature in the territory. His Majesty, by the 27th Geo. III. cap. 56, had power to authorise, by his commission under the great seal, the governor, or, in his absence, the lieutenant-governor, to convene, as occasion might require, a court of criminal jurisdiction, which was to be a court of record, and to

consist of the judge-advocate and such six officers of the sea or land service as the governor should nominate by precept issued under his hand and seal. This court was empowered to inquire into, and punish, all crimes of whatever nature; the punishments to be inflicted according to the laws of England, as nearly as might be, considering and allowing for the circumstances and situation of the settlement and its inhabitants; the charge against the arraigned person to be reduced to writing; witnesses to be examined upon oath; the court, whether in capital or other cases, to be determined by the opinion of the majority; but the punishment of death not to be inflicted until the King's pleasure should be known, except in cases where there was a concurrence of five members of the court; the provostmarshal to cause the judgment to be executed under the governor's warrant.

The constitution of this court had a striking resemblance to that of the military courts. It was to assemble, not at stated times, but occasionally: it was composed of military officers (the judge-advocate excepted), who were to assemble as such, in military habit, with the usual insignia of duty, the sash and the sword: the examination of witnesses was to be carried

on by the members of the court, as well as by the judge-advocate. It was, however, in other repects different from those courts: the judge-advocate was the judge or president; he was to frame and exhibit the charge against the prisoner; to have a vote in the court, and to be sworn like the members of it, well and truly to try the cause, and give a verdict according to evidence. Besides this court for the trial of criminal offenders, a civil court was established, consisting of the judge-advocate and two inhabitants of the settlement, who were to be appointed by the governor; which court was empowered to hear and determine, in a summary way, all pleas of lands, houses, debts, contracts, and all personal pleas whatsoever, with authority to summon the parties upon complaint being made, to examine the matter of such complaint by the oaths of witnesses, and to issue warrants of execution under the hand and seal of the judge-advocate. From this court an appeal might be made to the governor, and from him (where the property in dispute exceeded the value of three hundred pounds) to the King in council: but such appeal must be put in, if from the civil court, within eight days, and if from the governor or superior court, within fourteen days after the

judgment pronounced.

To this court was

likewise given authority to grant probates of wills, and administration of the personal estates of intestate persons dying within the settlement. A vice-admiralty court was also established for the trial of offences committed upon the high seas. The governor had, besides that of captain-general, a commission constituting him vice-admiral of the territory, and another vesting him with authority to hold general courts-martial, and to confirm or set aside the sentence. The commandant of the detachment had the usual power of assembling regimental courts-martial.