Page:History of Australia, Rusden 1897.djvu/172

 that they had never doubted its being a part of their duty after they heard the Act of Parliament and the Commission read which established that Court; but Major Ross, afterwards, on the 6th May, telling me that he was still of opinion that many of the officers did not think the sitting as members of the Criminal Court any part of their duty, I desire that Major Koss would assemble the officers, that their separate opinions might be taken on that head."

The opinions were taken on the same day. The majority agreed with Captain Tench, who always thought it his duty "from the moment he read the Act of Parliament." Some said that they had never seen the Act till they arrived in the colony. Captain Campbell's opinion was not asked for, as Phillip knew it already, and "judged it best for the quiet of the settlement to let him sit as a volunteer when his name was returned." Ross was displeased at Phillip's tactics, which he called 'oppressive;' as converting into a duty "what they had volunteered." This being reported to Phillip he directed the Judge-Advocate to interrogate some of the senior officers on the subject formally. They con- curred generally as to Ross's language. The officers at once informed Ross that they had been examined; Ross asked what they had said, and (Phillip wrote 5th June) the officers referred him to the Governor "for the questions and answers; but Major Ross has never mentioned that business to me, and I have therefore thought it best to let it rest in its present state.

One characteristic answer deserves to be recorded as that of one who was always bold in duty, though eventually cashiered for an act which was of the highest order of duty, but subjected him to technical censure. Captain Lt. George Johnston told the Judge-Advocate:-"I do not recollect that the Major asked the officers to join in refusing with Captain Campbell to sit as members of the Criminal Court, but recollect his saying that officers were not to be driven, and believe he wished them to concur with Captain Campbell's refusal;" he also called it "an oppressive duty."

Phillip regretted troubling the Secretary of State with such affairs, but "the service and situation of this colony rendered it unavoidable," and thus discontents which had existed from the time the detachment landed still continued. The decision of the Home Government was not sent to Phillip until his confidential envoy (King) had con-