Page:History of Australia, Rusden 1897.djvu/269

 Macartliiir, ami a special verdict was found. King referred Marshal I's allegations to the court, but they would not inquire into them. King re-convened the court, and they adhered to their previous determination. King remitted the tine and imprisonment, conditionally on MarshalFH delivering himself up to the Secretary of State within fourteen days of arriving in England, to abide by such directions as might be there given. The decision of the Secretary of State was not received until late in IBOB. It stated that King w'as misled in re-convening the court, which was justiiied in its conduct, Though the sentence was confirmed, yet "as the period of Lieut. Marshall's imprisonment has expired, and as he has complied w4th the terms of his recognizHuee, His Majesty has been pleased to consent that the fine imposed upon him shall be remitted-*' The officers were in such ilhhumom' at Marshall's depar- ture that many of them resolved to insult the Governor. Colonel PatersoB show^ed no favour to their resolution. Macarthur, ever impetuous, quarrelled with Paterson, %vho " exacted satisfaction'* in a duel in which Paterson was dangerously w^ounded (Sept. 1801). Macarthur and his second, Piper, and McKellar, the second of Paterson, were put under military arrest until the result of the wound might be known. When Faierson's Ufe was out of danger Macarthur was ordered to embark for service at Norfolk Island. On the 21 st Sept. it was ordered that the arrested officers should be released on bail, giving security to appear before the Crimuial Court in case of Paterson' s death from the w^ouiid. All four were to enter into recognizances to keep the peace. Paterson, Piper, and McKellar entered into recognizances, but Macarthur refused to give security, w^ould not quit his arrest, and demanded a court-martial. Another General Order (2Hrd Sept.) declared : tht* Govemor foregoes the line his duty points out, l>y eotnmtttitig Mm to the public gaol uotil he gives the sureties requiredj on account and in cotisiderattou of his family. In consequence of this otficei's refusal to come out of arrest, aud give security for hii^ future peaceable behaviour, the indulgeiiee the (iovenioi- allowed him, at his own requeat, of going jjjout Parramatta, i» for the preservation of the kiug*s peace to be with- drawn, and he is to be placetl under a close arrest. His Majesty's service refjuirea that Captain John Maeai'thur do prepare himself to embark for England in the arrest he has? thought proper to couUiiu« lumafcll VLmVfc^: "
 * NoLwithBtanding this fk^tiance nf the civil law fiiicl the king's authority,