Page:History of New South Wales from the records, Volume 2.djvu/228

 190 EMANCIFATION. 1787 offenders in criminal matters or for any fine or fines or forfeitures due unto us fit objects of our mercy to pardon all such offenders and to remit all such offences fines and forfeitures treason and wilful murder only excepted in which cases you shall likewise have power upon extraordinary occasions to grant reprieves to the offenders until 1 and to the intent our royal pleasure may be known therein."* Governor It vv^ill be noticed that the persons pointed to as fit objects can only . p^OTiiocai of clemency are not '^convicts/' but ''offenders "; and the words which follow, especially when they are read in connection with that portion of the clanse which relates to reprieves, plainly indicate that it was not the emancipa- tion of convicts that was contemplated. In order to enable PhiUip to do this, it was neoessary to pass a short Act em- powering the King to delegate his prerogative in the cases of convicts sentenced in England, and then to issue a Com- mission to Phillip under the Gh*eat Seal of Great Britain authorising him to act. In fact, such a Commission was anticipated in his Instructions ; but in the original the date was omitted. Tie clause ran as follows : — PhiUip's " And whereas we have by our Commission bearing date given and granted unto you full power and authority to emancipate and discharge from their servitude any of the convicts under your superintendence who shall from their good conduct and a disposition to industry be deserving of favour : It is our will and pleasure that in every such case you do issue your warrant to the Surveyor of Lands to make surveys of and mark out in lots such lands upon the said territory as may be necessaiy for their use."! The remainder of the clause has reference to land grants. Before an Act could be passed and a Commission made out the Fleet had sailed ; Parliament went into recess a few weeks afterwards, and did not reassemble until six months had elapsed. No opportunity was, at the time, expected to oconr of conmiunieating with Phillip for many months ; and it was not until May, 1790 (three years after his departure), iiiftt
 * Hittorical Reooids, toL i, put 2, p. 68. f Xb., p. 90.