There are several parts of the harbour in which the trees stand at a greater distance from each other than in Sydney Cove; some of these which have small runs of water, and a promising soil, Governor Phillip purposed to cultivate as soon as hands could be spared; but the advantage of being able to land the stores and provisions with so much ease, unavoidably determined his choice of a place for the principal settlement. Had it been attempted to remove those necessaries only one mile from the spot where they were landed, the undertaking probably would have been fruitless; so many were the obstacles to land carriage. At the head of Sydney Cove, therefore, Governor Phillip had fixed the seat of his government; but intent upon providing the best and earliest accommodation for those who were to be encamped with him; and wholly occupied by the continual necessity of giving directions, he had not yet found leisure for assuming regularly his powers and title of Governor. At length the hurry of the first preparations gave way to this more tranquil business.
The 7th of February, 1788, was the memorable day which established a regular form of Government on the coast of New South Wales. For obvious reasons, all possible solemnity was given to the proceedings necessary on this occasion. On a space previously cleared, the whole colony was assembled; the military drawn up, and under arms; the convicts stationed apart; and near the person of the Governor, those who were to hold the principal offices under him. The Royal Commission was then read by Mr. D. Collins, the Judge Advocate. By this instrument Arthur Phillip was constituted and appointed Captain General and Governor in Chief in and over the territory, called New South Wales; extending from the northern cape, or extremity of the coast, called Cape York, in the latitude of ten degrees, thirty-seven minutes south, to the southern extremity of the said territory of New South Wales, or South Cape, in the latitude of forty-three degrees, thirty-nine minutes south, and of all the country inland to the westward, as far as the one hundred and thirty-fifth degree of east longitude, reckoning from the meridian of Greenwich, including all the islands adjacent in the Pacific Ocean, within the latitudes aforesaid of 10°. 37'. south, and 43°. 39'. south, and of all towns, garrisons, castles, forts, and all other fortifications, or other military works which may be hereafter erected upon the said territory, or any of the said islands. The act of Parliament establishing the courts of judicature was next read; and lastly, the patents under the great seal, empowering the proper persons to convene and hold those courts whenever the exigency should require. The Office of Lieutenant Governor was conferred on Major Ross, of the Marines. A triple discharge of musquetry concluded this part of the ceremony; after which Governor Phillip advanced, and addressing first the private soldiers, thanked them for their steady good conduct on every occasion: an honour which was repeated to them in the next general orders. He then turned to the convicts, and distinctly explained to them the nature of their present situation. The greater part, he bade them recollect, had already forfeited their lives to the justice of their country: yet, by the lenity of its laws, they were now so placed that, by industry and good behaviour, they might in time regain the advantages and estimation in society of which they had deprived themselves. They not only had every encouragement to make that effort, but were removed almost entirely from every temptation to guilt. There was little in this infant community which one man could plunder from another, and any dishonest attempts in so small a society would almost infallibly be discovered. To persons detected in such crimes, he could not promise any mercy; nor indeed to any whom, under their circumstances, should presume to offend against the peace and good order of the settlement. What mercy could do for them they had already experienced; nor could any good be now expected from those whom neither past warnings, nor the peculiarities of their present situation could preserve from guilt. Against offenders, therefore, the rigour of the law would certainly be put in force: while they whose behaviour should in any degree promise reformation, might always depend upon encouragement fully proportioned to their deserts. He particularly noticed the illegal intercourse between the sexes as an offence which encouraged a general profligacy of manners, and was in several ways injurious to society.