PHILLIFS C0MMI3SBQN. 29 purpose of keeping the colonial trade in the hands of 1787 British merchants; but unless' it. was intended that New South Wales should be colonised and commercial relations established between it and the mother country, the refer- ence to those laws would hare been curiously out of place in Phillip's Commission.* The several powers and authorities conferred upon Tiitti Powe™ were such as would be required for the establishment of a SSoom.^ civil government in any new settlement, of whatever elements its population might be composed. He was em- powered — (1) to keep and use the " Great Seal of our said territory and its dependencies"; (2) to administer oaths ; (3) to appoint Justices of the Peace, coroners, con- stables, and other necessary officers, for the administration of justice; (4) to grant pardons and to remit fines; (5) to grant custody of idiots and lunatics ; (6) to levy forces for defence ; (7) to execute martial law in time of invasion or at other lawful times ; (8) to build and arm fortifications for defence ; (9) to punish mutiny in ships-of-war accord- ing to martial law ; (10) to punish offences committed on shore by men belonging to the navy; (11) to issue public moneys by warrant; (12) to grant lands; (13) to appoint fairs, marts, and markets, and also ports and harbours for shipping.
- The extent of the restrictioiui placed upon the oolonies at that time with
respect to their commercial relatione with other countries may be under- stood from the following passage in the preface to the History of New Hol- land, 17S7, page viii : — ** Botany Bay and the rest of New South Wales may be rendered, in the hands of this nation, a more important instrument for the improvement of her commerce ; a passive instrument, it is true ; for notwithstanding the extent of its coast, that countiy, supposing it already colonised, can never, while the charter of the East India Company exists, possess a conuaerce of its own. It might, perhaps, appear impossible to prevent the inhabitants of a whole colony, especially if increased to any magnitude, from becoming merchants on their own account ; but besides the restriction which it is in the power of the mother country to impose, a sinffle Act of the Legislature, rendering any person possessed of property in Great Britain or £eland disqualified to become possessors of fiied pro* perty in New South Wales would, it is imagined, go a sreat way to effect such a prevention. Thus the traffick, in particular, ot the English East India Company, would be as inaccesaible to the colonists of New South Wales, though settled on the bordexs of the East, as to the inhahitanta of the island of St. Helena." Digitized by Google
