Page:History of New South Wales from the records, Volume 1.djvu/218

 114 PHILLIP 1788 Eucsourax- ing insubor^ diofttion. The Act not open to doubt A fonrotten promise. Marines eineii^ng from •obscurity. An active corps. and twelve other oiGBcers admitted that they always thought it their duty, from the moment that they heard the Act of Parliament read, to sit as members of the Court. Nor is it likely that any officer would have formed a difEerent opinion, had he not been encouraged to do so by the Commandant — ^who slily told them that if they objected to sit, he knew of '' no Article of War to compel them." There was no Article of War on the subject ; nor were there any instruc- tions from the Admiralty, as there should have been ; but there was the Act of Parliament, which, in definite language and with unmistakable intention, pointed out the duty it imposed on every officer of his Majesty's forces by sea and land within the colony. Whether or not Major Ross entertained any doubt in his own mind as to the duty imposed on the officers of the detachment by the Act of Parliament, it is clear that in acting as he did on this and other occasions he had quite forgotten the promise voluntarily made by him in a letter to Nepean, written from Portsmouth a few days before he sailed on the expedition : — I have now only to add that this is the first instance ia which the corps of marines has been employed in any way out of the usual line of duty, and as I firmly believe that any part of it being so employed is entirely owing to your friendly wish of drawing the corps forth from that subordinate obscurity in which it has hitherto moved, — impressed with this belief, permit me to offer you my own as well as the sincerest thanks of the officers of the detachment under my command for the generous opinion you have shown in favour of the corps, and to assure you that every nerve shall be strain'd in the faithful and diligent discharge of our duty ; and I entertain not a doubt but that the conduct of the whole will be such as will not only do credit to your recom- mendation, but give satisfaction to Administration. These much- wished for objects obtained, I shall then ardently hope that what you once hinted to me might be the consequence will with your assistance take place, and that we shall no more return to our original obscurity, but become an active corps of your own creation. Digitized by Google