1788 9 July in his possession, they say that nothing short of what could not, possibly, in our then situation, be granted a general courtThe officers martiai, or a public reparation for the indignity done them—would satisfy their feelings. on their dignity. Report to the Governor. His decision. Officers return to duty. Dissensions. report Upon the Governor receiving the above answer, he told me that if I meant to proceed in the business I should send him a of the whole in writing. Of this report No. 3 is a copy, in answer to which I received the reply to No. 3, and was, at the same time, told by H. Exceliency that he had determined on the steps he was to take; but that before he could or would make his intention known to any person it was necessary that I should first apply to him for a general court-martial upon them. Having complied with his desire by writing him a letter of which No. 4 is a copy, he soon after gave out the order of which No. 5 is a copy. Of this order I had not the most distant knowledge til it was bro't to me by the adjutant copied into the orderly-book of the detachment, and when I had read it I desired that the adjutant would, before he gave out the orders for the day, shew it to the President and members of the courtmartial. On his return from them he gave a note, of which No. 6 is a copy, and, as soon as the orders were given out, the officers who had been under the arrest returned, and were by me received, to their duty, which they still continue doing. Since the above transaction, this detachment being mostly composed of young officers, some of whom being without much experience or military knowledge are led away into party, which has, in a great measure, destroy'd that harmony so very essential to good order and military discipline, and, indeed, I may say, of which it is the very soul; and I have found myself from my present situation obliged to put up with such mortifying things, more particularly from Captn.-Lieut. Tench, as nothing else than that situation, my distance from their Lordships, my ardent wish to promote the publick good, as well as my wish and determin'd resolution to keep every kind of dissension (as far as in my power lay) from the knowledge of the privates of the detachment, could possibly make me submit to. Soon after my having order'd the above officers under an arrest, I asked Captain Campbell, the next officer to me in command, and an officer of one-and-thirty years' experience in actual service, what judgement he formed of the proceedings; and I found him with me in opinion, that if the officers who compos'd the court-martial Captain deem'd themselves injur'd or oppress'd by the request and order Campbell's they received, the time and situation they took to show their obstinacy was highly improper, for even supposing them to think their commanding officer wrong in his idea of the propriety of their sentence, they well knew where they were sure of obtaining redress (by laying their grievance before their Lord opinion. ships) without impeding the service; and I have myself ever made it a rule to obey all orders, and if I thought them oppressive, made my complaint after having carried them into execution; nor do I believe it to be a very uncommon thing for young officers to submit their own opinions in military affairs to the judgement of the more experienc'd, who are presumed to be the best judges how far situation and the nature of the service employ'd on may render it necessary to deviate from general rules. 1788 9 July. I have, therefore, earnestly to request you will move their Lordships to take such steps in this affair as may to them appear most proper and necessary; and I must, at the same time, take the liberty of observing that unless some decisive step is taken by their A decisive Lordships to put a stop to the present dissention, and the restoring necessary. subordination, it will be absolutely impossible for any commanding officer ever to carry on the service in such manner as to be either useful to the publick or satisfactory to himself. step In justice to many officers of this detachment, I must take the liberty of observing to their Lordships that I by no means intend the above observation as a general one, as many of the officers under my command do all the duties ordered them very much to my satisfaction, and with a chearfulness and alacrity Some that does them honour, and I cannot but likewise observe that praised. the duties they have to perform are more severe than I ever knew it upon any other service. officers conduct The same may, with justice, be said of the non-commissioned Good officers and privates, who, a very few excepted, seem impress'd of the with a very proper sense of the nature of the service on which regiment. they are employ'd, and perform all their duties, as well as the different works order'd them, very much to the satisfaction of every person in any kind of authority over them. I have, &c., R. Ross, Major. [Enclosure No. 1.] ADJUTANT LONG TO CAPTAIN-LIEUTENANT TENCH. 18 March. Sir, I am directed by the commanding officer to inform you that the court-martial of which you was President, and which met this morning for the tryal of Joseph Hunt, private in the 15th Compy., for striking William Dempsey, pte. in Captn. Meredith's cy., having pass'd a sentence by no means consistent The with the martial law, it is therefore his orders that you con- be reviewed vene the officers composing that court and proceed to passing a sentence without the choice of two sentences, either to the commanding officer or prisoner, and enclosed herewith you will receive the original proceedings for such alterations as you and the rest of the court may think necessary. I am, &c., J. LONG, 2nd-Lieut and Adjut. sentence to 1788 18 March. [Reply to Enclosure No. 1.] OFFICERS' REPLY TO ADJUTANT LONG. Port Jackson, March 18th, Sir, We have had the honor of receiving your letter of this afternoon, address'd to Captn.-Lt. Tench, ordering him to convene us for the purpose of revising a second time the sentence we pass'd, after the strictest deliberation and most impartial enquiry, on Joseph Hunt, privte. in Captn. Campbell's cy., for striking Wm. Dempsey, private in Captn. Meredith's compy., and beg leave to The court acquaint you that we do not think ourselves authoriz'd to sit in will not sit a judgment a third time in the same cause, as the latter part of the 10th Article of the Act of Parliament for the regulation of his Majesty's marine forces while on shore expressly instructs us "that no sentence given by any court-martial, and signed by the president thereof, is liable to be revised more than once." third time. We have, &c., The command ant instructs the court. The court firm. Sir, THOS. TIMINS, [Enclosure No. 2.] ADJUTANT LONG TO OFFICERS. Camp, Port Jackson, March the 18th, 1788. I am directed by the commanding officer to acquaint the officers composing the court that there cannot be two sentences past on a prisoner tryed for one crime, and as in their original proceedings they pass'd two sentences, leaving it to the choice of the prisoner which shall be inflicted, therefore returning those proceedings could not be a reversal, because it was not a sentence. It is, therefore, his orders that you do immediately proceed to finish the court-martial that you were in orders for, by passing only one sentence for one crime. I am, &c., Sir, J. LONG, 2nd Lieut. and Adjt. [Reply to Enclosure No. 2.] OFFICERS TO MAJOR ROss. Port Jackson, 18th March, 1788, 7 o'clock in the evening. We have been honored with your answer to our letter of this afternoon, wherein you state that the proceedings of the court-martial held this morning would not be sent back a second time by you for a reversal, because a sentence was not passed. We now beg leave to observe to you that we could not then, or do we now, conceive it possible for us to alter a judgment which 1788 we gave after the most impartial enquiry and most mature deliberation without revising and reconsidering the nature of the crime for 18 March. which the prisoner was tried, the evidence given in, and the defence matters which we cannot think it proper or military to come again under our cognizance after we had revised them, agreable to the latter part of the 10th Article of the Act of Parliament for the regulation of the marine forces while on shore, and the custom of the Army. MAJOR ROSS TO GOVERNOR PHILLIP. [In a letter to the Governor there is first a copy of the above letter (7 o'clock in the evening) and then :-] From the above answer, finding that the court-martial seemed determened to wrest all power from the commanding officer, by passing such a sentence on the prisoner they tried as to leave it solely in his power to be punished or not, as he chose, I did not think it consistant with my duty, either to the publick or myself, to resign all authority into their hands, and give up the command of the detachment entrusted to my care, and from their determined obstinacy I had no alternative left but the very mortifying and disagreeable one of suspending the president and members that composed the court-martial from all duty, by Officers putting them under an arrest, which I ordered the adjutant to placed under do for disobedience of orders, til such time as the opinion of more competent judges than either them or myself might be had thereupon. Your Excellency will therefore please to take such steps in this disagreeable business as may appear to you most proper for the establishment of good order and military discipline, so indispensible and absolutely necessary in our present critical situation. I have, &c., [Reply to Enclosure No. 3.] GOVERNOR PHILLIP TO MAJOR ROSS. R. Ross. Sir, Head-quarters, 20th March, 1788. arrest. 20 March. Thos. Timins, by putting them under arrest for disobedience of The arrest. M 1788 orders, until such time as the opinion of more competent judges 20 March. than either them or yourself might be had, or the sentence past by those officers, who were ordered by you to assemble on the 18th inst. for the trial of a private marine for unsoldierlike behaviour; your not approving of the sentence past by the said officers, which, by your letter, left a choice of two sentences to the prisoner, and they refusing to make any change in the sentence, which in their letter they say they had revised once, and were not at liberty to revise a second time, by the Act of Parliament past for the regulation of his Majesty's marine forces while on shore. Phillip suggests a settlement. As there are only four captains and twelve lieutenants in the detachment, two of which from their sickness are unable to do their duty, the having one captain and four lieutenants under arrest out of so small a number must very materially affect the service. The opinion of most competent judges, if you mean the opinion of the officers who compose the detachment, may be had without any official application to me for that purpose, if you and the officers under arrest are satisfied to leave it to their decision; and I shall be very happy if it can be immediately settled by this means, and which I hope neither you nor the officers under arrest will refuse, as I know no other alternative, if not immediately settled, but that of a general court-martial. I am, &c., 21 March. Sir, A disagree Camp, Port Jackson, 21 March, 1788. Having found myself reduced to the most disagreeable able duty. necessity of ordering Captn.-Lieut. Watkin Tench, First Lieut. Robert Kellow, First Lieut. John Poulden, First Lieut. Thos. Davey, and First Lieut. Thos. Timins, the first as president and the others as members of a court-martial, which I ordered to assemble on the 18th for the trial of Joseph Hunt, pte. marine, and both of the detachment under my command, under an arrest for passing what they call a sentence on the prisoner tried by them of such a nature as, in my opinion, tends greatly to the Subversion subversion of all military discipline, by passing two judgements, of discipline. and thereby leaving it solely in the breast of the prisoner, after finding him guilty, whether he should or should not receive corporal punishment, and for positively refusing when directed by my order to make any alteration in the sentences they had pass'd on the above Joseph Hunt, Request for general court martial. I have therefore to request that you will please to order a general court-martial to assemble for the trial of the above officers for refusing to make any alteration in a sentence passed by them on the prisoner tried, which, if suffered to pass, introduces |