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 of their way; it was all I asked, and was pointedly refused. They declared against what they called an interference with convicts, and I found myself obliged to give up the little plan I had formed in the passage for the government of these people.'

The first serious difficulty with the marines, however, arose between Ross and his officers. A court-martial had been held upon one of the men for striking a comrade, and the officers comprising the court found that the accused was guilty, and sentenced him 'either to ask public pardon before the battalion of William Dempsey, the soldier whom he struck and injur'd, or to receive one hundred lashes on his bare back, by the drummers of the detachment, and where the commanding officer shall appoint.'

Ross ordered the court to reconsider this decision, on the ground that the sentence of two punishments, with the choice left to the prisoner which he would have inflicted, was illegal.

The members of the court, after reconsideration, said they were of the same mind, whereupon Ross told them to consider themselves under arrest. But as there were not enough officers in the settlement to form a general court-martial to try the members of the court, Phillip, after endeavouring to settle the dispute amicably, ordered them to return to their duty, on the ground that their services were necessary to the public.

The five officers (among whom was Tench) who composed this court wrote to Phillip thanking him