Page:History of Australia, Rusden 1897.djvu/436

This page needs to be proofread.
408
408

I Macarthiir "has been forcibl}^ arrested from the bail whicn the Court remaiuled liim in, which illegal act (grounded on the false deposition of the Provost-Marshal) we beg leave to represent to your Excellency is in onr opinion calculated to subvert the legal authority and independence of the Court of Crimiiml Jurisdiction;" and prayed that His Excellency would "restore John Macarthur, Esq., to hia former bail, that the Court may proceed on his trial." Bligh paid no attention to their prayer, and they adjourned at 3 p,m. till his pleasure might be known* The felon ad^aser recommended, and Bligh adopted a daring courBe. Crossley drew up, and Atkins signed > a memorial, submitting that the crimes of the officers amounted *Ho an usurpation of His Majesty's government, and tended to create rebellion or other outrageous treason," and Bligh issued a sumnaonB to eacli of the officers in these words :

  • 'The Judge- Advocate liAviiig presented a memorial to me in which j

you are charged with certain ctiinea, you are thej efore hereby required to I appear before me at <joverniiieiit House at ume o'clock to-morrow morning ! to liDawer in tbe premises. Given under my baud imd seal at Government J House, Sydney, this 26th day of January, 1808," When the morrow arrived, Bligh was no longer in power to enforce any hehest of Crossley. Bligh wrote again on the 26th to Major JolniHton ta inform him C* apprehending that the same illness will deprive me of your assistance at this time") that on the memorial of the Judge-Advocate he had summoned **six of your officers for practices which he conceives treasonable," and that **all the magistrates have directions to attend at nine o'clock to-morrow morning. I leave it for you to judge whether Captain Abbott should be directed to attend at Sy(hiey, to command the troops in yom' absence/* JohiistoM sent another verbal message (which reached Bligh about five o'clock), promising to send a written answer in the evening. On his trial in England {m IBll), Johjiston thus defended himself: ' "On the 26tb I received a letter from ibe Governor amioiineing hi» resolution to arrest »ix officers for trea^onaljle practiues, and re«iuiring me, as I was unable to attend iiiyi*elf, to appoint Major Abbott to the coiJimand of the regiment. Had th^ae nieasnres been adoptetl there Would have been but two offieei-s to do the duty of the regiment, and the highest anti most iniportant duties must have Lieen left to the sergeants, Iwils ill ; Major Abbott was at Parraruatla, sixteen udlee i>if ; and it could not be tixpected but that the arrest of six office rsj and the dread of m hat