Page:History of Australia, Rusden 1897.djvu/174

 robberies had been checked, but considered that Phillip's order "had put the soldiers under the command of the convicts." Phillip withdrew it regarding "soldiers found straggling driven to the necessity of withdrawing an order calculated for the public good." Ross found fault with others as well as with the Governor. When Phillip reported the concession he had been compelled to make with regard to the night-watch, he added:—

"out of the sixteen officers remaining for duty in the settlement, five have been put under arrest by their commandant and are only doing duty till a general court-martial can be assembled. . . . a sixth is suspended. . . . both Adjutant and Quarter-master have been equally under his displeasure, whilst the Judge-Advocate's conduct has been complained of by Major Ross as Commandant of the Detachment, and as the Lt. Governor; and the Judge-Advocate in his turn has represented his having been treated in such a manner by the Lt.-Governor and by Captain Campbell, before convicts and others, that he wished to resign his office."

Fortunately for the colony, Phillip was highly regarded in England. Though it was long before the despatch (June 1789) reached him, he was informed that the obstacles with respect to trying officers of the marines by court-martial would probably have been removed by legislation if "the detachment had been continued, but as it is so shortly to be relieved, it is to be hoped that no further inconvenience will be experienced during their continuance abroad." Their discontent and desire to return had "led to the making arrangements for relieving them." A corps would be "raised for that particular service." Three hundred rank and file, with a suitable number of officers, would be ready to embark in Oct. 1790. Any of the returning marines would be allowed to quit the service in England, or "to be discharged abroad upon the relief," and to settle "in the country if they prefer it." (This was to be encouraged.) If any of the detachment

"The original order was dated 7th Aug. 1789; the new (9th Nov.) declared that, notwithstanding Article 5, the night-watch is not in future to stop any soldier unless he is found in a riot or committing an unlawful act, in which case such soldier is immediately to be taken to the nearest guard." Amongst the Records is preserved a letter from Phillip, in reply to petulant complaints from Ross. *The time cannot be far distant when a legal inquiry can take place, and all complaints will then be attended to; till when His Majesty's service requires some little forbearance on your part as well as on mine."