Page:History of New South Wales from the records, Volume 1.djvu/462

 348 THE GOVERNOR'S WARRANT. Major Bom and' ' [his offloen. 1788 stating that the officer in question had '^ fully satisfied " 27 October, him, and therefore he did not desire to press his applica- tion for a Court-martial. This matter formed the subject of a despatch in which the position of affairs was described with great moderation. I am very sorry to be under the very disagreeable necessity of troubling your lordship with the following particulars, but the very unpleasant situation of the detachment doing duty in this coimtry, from the discontents between the Commandant and the officers, will, I presume, satisfy your lordship of that necessity, as I am sorry to say it is not in my power to restore that harmony which is so very requisite in our situation. Having received a letter from Major Boss requesting a General Court-martial on an officer for neglect of duty, contempt and disrespect to him, I issued a wajrant for assembling a General Court-martial, but the thirteen senior officers when assembled declared that they could not sit as members of a General Court- martial under that warrant, being, as part of his Majesty's forces, amenable only to the authority of the Commissioners for executing the office of Lord High Admiral of Great Britain. The warrant was issued under the authority of his Majesty's Commission for assembling General Courts-martial, but they declined sitting under the Act of Parliament made for the army. Having assigned their reasons in writing to Major Boss (to whom the warrant was directed), I have the honor to enclose your lordship a copy. Though the letter from the Commanding Officer of the detachment was very sufficient ground for ordering the Court-martial if the officer could have been tried on the spot, as it was now determined that there was no legal authority in this country for ordering a General Court-martial on any part of the Marine Corps, and the officer accused declared himself innoc^it of every part of the charge, I ordered a Court of Enquiry to be assembled to enquire into the particulars of the charge, and to report whether there was or was not sufficient ground for a General Court-martial, intending, if the Court of Enquiry reported that they found sufficient ground, to order a Court of Enquiry to examine fully into the charge and to report their opinion, which was the only means I had left of doing justice to both parties, as no Court-martial could be held : for though X knew that Courts Marines decline to recognise Phillip'e wammt. Court of Inouliy ordered. Digitized by Google