Page:History of Australia, Rusden 1897.djvu/469

 JOHNSTON CA8HIERED. JOHN MACAKTHUR. 441 cnstody without some particular charge, or by ii"tue of a magistrate's warrant.'' The sentence of the court- martial appeared in a General Order from the Horne Gnards, 2na July 1811, **The Court havin<^ duly and maturely wei«,^hed and considered the whole of the evidence adduced on the proKecutiun, as well as what has been offered in defence, are of opinion that Lt.*CoL Johnston is guilty of the act of mutiny described in the eharjjje, and do therefore sentence him to be cash- iered." By some writers Jolniston's act has been called lebellinn. The sentence of the Court showji that there was no prnnt' of any such crime. By the General Order this is clearly made known. The sentence of the Court was actjuiesced in, hut the Prince Begent added : '* The Ciuu t, in pasHing a s^snteme so imuUMjuaie to the eijumiity of the crime uf which the piisuiiei' lijx« been foujitl gitilly^ havt; npjw.u&iitly bt^eu ttCtnateiL by n Lupnsi deration of the iiovul timl exliuorUiuary ciruuni.HtanceH which, by the tnideuce on the fat^e of tht? |>roi eediiigs* limy liave appeared to theni to have existed during the adm in is t ration of (lovenioi' Bligh, both as affecting the tmnquillity of the colony, ami ealliiig for some iumiediate decision /" Admitting the princi]ile thus adopted by the Court, His Eoyal Highness declared that ** no circumstanceB whatever can be received in Jhll extenuation of an asHinnption of power, so suliverBive of every princi}»le of i^^ood order and discipline/' Johnston was therefore simply cashiered and he returned to the colony*''^ Macartliur Huffered a severer fate. It haa been seen that the Government allowed no one to reside in New South Wales without perniiBsion, That permishiion they withheld from him. He pined, but not in patience, though in vain. The manner of his return may l>e tuld. Hiw letters to his distant wife and cliildien wert_^ liMed to the brim with affec- tion. He had warm friends who interceded for him, and in 1816 there were hopen of sueceHS. In July he addressed the Secretary of State, Lord Bathurst, For seven years he ^'Bligh v,'ULSi made Admiral of the lilue iiiiiuedialely after the proniidjtra- tion of the seiileiice upon Johnatuii. Manners Sutton » far from gratifying him, however, by further prosceutiQiis, told f-tnd Liverpool j;4th flulyj that it was "not ijeiessury for the ]nd)lie service, nor do the ends of justiee reqidre, that the proeeediugs i-espectiiit^ the mutiny at Batauy Bay shouUl be carried any fnrther. '*