Page:Admiral Phillip.djvu/177

 warrant from the Admiralty. At Norfolk Island, by proclaiming martial law, Ross conceived that his warrant for convening a court was sufficient for all purposes. The condition of affairs at the island when the Sirius went on shore is, of course, some justification for Ross's 'panic legislation,' although Mr Barton, the ablest Australian historian, has arrived at an opposite conclusion. Mr Barton quotes authorities to show that the only justification recognised by English law for proclaiming martial law 'is necessity, a necessity demonstrated by facts, not an imaginary one.' But Ross was in the position of a captain of a ship with his vessel in the breakers, who loads his revolvers in readiness to shoot the first man who attempts to rush the boats.

Ross's crew were of a kind very likely to rush the boats, and if he was a little hasty in getting his revolvers ready, small blame to him on that account: but it is a pity that when acting under Phillip he should have shown such extreme regard for red-tape formalities in the matter of the court-martial.

All this time the people on the mainland are left nearly starving, and so Norfolk Island must take care of itself as best it can for a while. No news of it can reach Port Jackson, for the Sirius is slowly breaking up on the reef, and the Supply has gone to Batavia for help.

'I early and late look with anxious eyes toward the sea, and at times, when the day was fast setting and