Page:History of New South Wales from the records, Volume 1.djvu/517

 THE JUDGE-ADVOCATK 403 bility of a prosecution, but lie should not have forgotten 1789 that he had placed himself in the position he complained of by communicating with the judge in an irregular manner, irregruiar If he conceived it a part of his duty to the public to ascer- tion. tain what was to be done with Mary Turner, his obvious course was to wait until the Criminal Court was assembled, and then to make his inquiry in Court. His idea that no power could liberate her until she had undergone a trial, was a mistaken one ; because it was quite competent for the judge who had ordered her into custody to discharge her from it. The peculiar tone of Campbell's letter can be understood when we recollect the relations existing between him and Major Ross. They were personal friends before they left Behind th© England, and the consciousness that he had the Command- ing officer at his back is apparent throughout his corre- spondence. ICnowing that the avowal of his determination not to sit again in the Criminal Court would be made known to the Governor, and that he would consequently be called upon for an explanation, he lost no time in taking up a safe position. Two days after he had written to the campbeii Judge- Advocate, he addressed Major Ross on the subject : — 27 Apru'r As I have always understood that you are not in possession of any power to compel the officers of the detachment under your command to sit as members of the Criminal Court established in this colony, contrary to their own inclinations, I have to request that you will please to direct the adjutant, so as that my name may not for the future appear in your orderly book as a member of that Court, as I shall be extremely concerned to be reduced to the very disagreeable necessity of objecting to any order of yours, or any other my superior in command. I am sensible it may be said of me that I have hitherto volun- teered or acquiesced in being, in my turn, a member of that Court, Campbell from my being likewise sensible that in the present situation of S^ita'd^. this colony, such power could not, with any degree of propriety, be vested in any other hands but that of the navy and army. I have farther to say, that I would still continue the same line of conduct did I think it consistent with either my character as a Digitized by Google