Page:History of Australia, Rusden 1897.djvu/278

 But the qiiaiTelsome propeiiBilies of the corps tUd not die out in 1802, Lieut • Hobby and Ensign Bay ley were severally tried by court-martial in Feb. 1808. Although at that time the seditious behaviour of Irish eonviets at the Hawkesbury required two officers and fifteen men to be detached to strengthen the guard there, the hearts of the corps were implacable. Captahi Kemp was before the court. Dr. Harris officiated as Military Deputy Judge-Advocate and was prosecuting for the Crown. The court put Harris under arrest when the prisoner was com- nieuciiig his defence. At the re<jnest of Major Johnston, KiJig ordered a court-martial upon Harris, but he declined to appoint another Judge-Aclvocato to finish the trial of Kemp (although pressed to do so) until he had, by public General Order, summoned, under his comniission, to hia aid and assistance. Col. Paterson ; Captn. Kent, of PI.M^S. Bttffhlo; Atkins, Deputy Judge-Advocate of the colony; Palmer, the Commissary-General; the Eev. S- Marsden; and Jamison, the Acting Principal Surgeon, to advise with him. Finding the majority opposed to his views, and not willing to detain His Majesty's ships, or call in officers from out- stations, King yielded to the majority, and appointed Atkins Deputy J adge- Advocate for the remainder of the court-martial upon Kemp. The charge against Harris broke down. The courts-mflrrtial being conchided, King, on the ground of his being prosecutor, referred to England the decision upon some of the sentences, one of which related to Ensign Bayley, charged with striking a convict. The court had refused to inquire into the facts. Pending His Majesty's pleasure on this avoidance, King ordered Bayley to return to his duty. Meantime he devised a method to protect the convicts. Fiiuling himself tritled with by courts-martial, he removed their jurisdiction by a General Order. He suspended (8th March ISO^it) so much of the local Orders as caused roilitary persons, heating their assigned servants, to be tried by court-martial. encios can have redress for aa-saidts and every othtjr misdenieaitour by action or indictment before the Civil or Criminal Courts to which they will in future resort. And it is to he clearly understood that any i>crsona
 * But persons of every rlescription within tins territory ami its depend-