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 ferred with the authorities at Whitehall. Mr. Grenville then wrote (Feb. 1791) that the law officers were of opinion that "military officers serving in New South Wales are bound 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 refusing to do so.

In 1790, unconscious that the marines would shortly be recalled, Ross set a baneful example to the corps which was to succeed them. Famine stalked through the land. Death was the penalty for robbery. Phillip himself reported that before arrival of supplies, "from the smallness of ration" to which the settlement was reduced, the labour of the convicts "became 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 compelled to report (Feb. 1790), because "every obstacle thrown in our way is rendered doubly embarrassing from our situation." He encouraged gardening 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 morning, when if nothing criminal was laid to their charge they were delivered to their proper officers." The night-watch was under the direction of the Judge-Advocate. A soldier having been stopped one night in the convicts' camp, Ross

"sent the next morning to tell the Judge-Advocate that he considered a soldier's being stopped when not committing any unlawful act, as an insult offered to the corps, and that they would not suffer themselves to be treated in that manner, or be controlled by the convicts, while they had bayonets in their hands. (Here I beg leave to observe to Your Lordship that the last sentence respecting the bayonets was never mentioned to me till this business was settled. should not have been induced to withdraw the order which directed the night-watch to stop a soldier by so pointed a menace, for I should not have thought it could tend to the good of His Majesty's service.)

The order was (Art. 5):—"Any soldier or seaman found straggling after the tap-too has beat, or who may be 'found in the convicts' huts, is to be detained, and information given to the nearest guard-house." Ross did not deny that