Page:History of Australia, Rusden 1897.djvu/173

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ferred with the authorities at Whitehall. Mr. Grenvilli then wrote (Feb. 1791) that the law officers were of opinion that '* Diilitary officers serving in New South Wales are lioond to perform the duties of members of the Criminal Court when they shall be duly summoned for that purpose," and that they would be guilty of a misdemeanour in refus- ^ ing to do 80. H In 1790, unconwscioiifl that the marines %vouId shortly be ^ recalled, Ross set a baneful example to the corps which waB to succeed thera* Famine stalked through the land. Death was the penalty for robbery. Phillip himself reported that I before arrival of supplies, *' from the smallness of ration'* ^K to which the settlement was reduced, the labour of the j ^ convicts *M)ecame what was little better than a cessation from all labour. Yet even then Ross was disloyal to the Governor, on the plea of maintaining the dignity of his corps. Phillip was eompeUed to report (Feb* 1700), because

    • every obstacle thrown in our way is rendered doubly

embarrassing from our situation/' He encouraged garden- ing in order to eke out the supply of food, *' A watch, consisting of twelve convicts, was set to prevent robbery of gardens, orchards, &c. ** Soldiers and sailors, when stopped by the watch, were left at the guard-house till next raorn- ■ ing, when if nothing criminal was laid to their charge they were delivered to then- proper officers." The night-watch was under the direction of the Judge- Advocate, A soldier having been stopped one night in the conncts' camp, Ross ^ **sent the next morning to teU Ibii Jtitlge-Advocate that lie considered a ^^m soldier's being stopped when Dot committing any unlawful net, as an insalt ^B offered to the corps» and that they vvouhl not suffer themBclvea to be ^B treat-ed in that manner, or lie controlled by the convicts, while they had ^H bayonets in their hands. (Here I beg leave to observe to Your Lordship ^^ that the last sentence respecting the Ijayoneta was never mentioned to me till this business was settled. 1 should not have been induced to with- draw the order which directed the night-wnatch to stop a soUlier by so pointed a raeuacCi for I should not have thought it could tend to the good i» of Hia Majesty's service.) B The order was (Ai't. 5) : — '^ Any soldier or seaman found ' straggling after the tap-too lias beat, or who may be * found m the convicts' ' huts, is to be detained, and information given to the nearest guard-house/' Boss did not d^ii'^ Jsi^i