Page:History of Australia, Rusden 1897.djvu/171

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Secretary of State dealt Beriouslj with the subject, and in the same month Philhp acquainted him with further troubles in which Ross was a prime mover. Phillip's tact had at the time secured the services of no less than fifteen criminal courts; but in April 1789 one Captain Campbell, a close friend of Ross, objected to sit/^ and while it w^as unknown whether others would join the recalcitrant Campbell, Ross, suggesting that they might do so, said **he knew of no Articles of War to compel tliem/* Under the forms previously observed the senior ollicers of the detach* ment and of the Navy were named in General Orders, and afterwards '*a roster for that service was kept;" the Judge- Advocate sent to **the Adjutant for the names of the officers .next for that duty, whose names being inserted in the Iprecept signed and sealed by me (Phillip), were then shown to the different officers who were to compose the court by the Provoat-Marshal, wiiich is always done one or two days before the court is to meet,"" When Campbell refused to act, Phillip appointed a court of inquiry; but the members "did not think themselves competent to give an opinion on a private dispute, which appeared to them to involve in itself a point of law/* Phillip dissolved them, and Ross officially informed him that Campbell would protest against the statement that "the matter was of a luivate nature. Subsequently Campbell declined making any protest." Stridng to keep these dissensions fi*om the knowledge of his subjects, Phillip instructed the Adjutant to —

    • give the Judge 'Advocate as usual the names of the officei's who were

next for the duty of the Criniiual Court, but he tbeu came to iufonii uitj that Major Roas did not chooae to let him give the asiTaea at the Judge- Advocate's request, and desired that it might appear in General Oidera, or that a verbal message miglit be sent him from nie. The ineasage was sent, and in the names given to the Judge- Advocate, Captivin Oampbeir^ appeared, and he sat the next day as a member of the Criminal Court. I had sent for seeral of the oflicers liefoie the Court met^ in order to point out tlie coiise([uences which would folio wr their refusal of so essential a part of their duty, and the otticers I «aw on that occasion assured me »»[1896. lu the "Historical Records of N.S.W./' Vol. I., Part 2, p. 242, is a letter from CampljcU to CoUina, then Judge- Advocate, offensively warning Collina : — You have effectually precluded Captain Campbell from sitting as a member of any Crimiual Court that it nuiy lie necessary to assemble here, aufi of which you are a pavt."