Page:History of New South Wales from the records, Volume 1.djvu/461

 MAJOR ROSS. 347 The knowing when the time expires for which the convicts have 1788 been transported is very necessary, many of whom will desire to sm Sept. return ; and there are many that will be a burthen to Government, Expirees. and who I should be glad to send away. This I mentioned more particularly in a former letter. The good behaviour and industry of two convicts have induced Good me to request that their families be sent to them. The men are awarded, at Norfolk Island, and which they do not wish to leave after the time for which they have been transported expires. The names and places of abode of these two families are enclosed. The Golden Grove is now ready to sail, with one midshipman, one sergeant, one corporal, and five privates, twenty men and ten women convicts ; these will make the number on Norfolk Island Norfolk sixty, and I send eighteen months' provisions. The Fishbum will be ready to sail by the time the Golden Grove returns, and both ships shall sail immediately for England. Major Eoss and his oflScers do not appear to have formed iiaiorRoes a bappy family by any means. He bad placed five of tbem offlcem. under arrest in March, and in October be applied for a General Court-martial to try another. On the first occa- sion it was found that there was not a sufficient number of officers to form a Court ; and on the second a still more un- expected difficulty presented itself. The Judge-Advocate raised an objection that officers of marines, while on shore, The could not form a Court-martial under a warrant issued by wamut the Governor, the force being then subject to the provisions PnvSid." of an Act of Parliament passed expressly for their regula- tion; and that they could only sit under a warrant from the Lords of the Admiralty. As this amounted to saying that no Court for the trial of commissioned officers could be held in the colony, the matter was serious. Phillip directed a Court of Enquiry to take evidence, but its mem- court of bers held that they were precluded from doing so by the dedinee to issue of his warrant. The only expedient left was to direct the Judge-Advocate to take evidence, and to send the depositions, with the officer, to England ; but at the last moment the knot was cut by a letter from Major Ross, Digitized by Google