Page:History of New South Wales from the records, Volume 1.djvu/524

 410 THE CIVIL AND THE MILITARY. 1789 5 June. Question raised by Camy)bcU'8 letter. Course adopted by Phillip. Suaviter in mode ; A MUCH more serious question tlian the case of Mary Turner preRented itself to Phillip's eyes when he read the cor- respondence between the Judge-Advocate and Captain Campbell. The latter having distinctly declined to sit again in the Criminal Court, and having also appealed to Major Ross as his authority for the view he had taken of his duty in that matter, it became necessary to settle the question at once. If the other officers should follow his example, no Court could be held and there would be no means of dealing with offenders. The course taken by Phillip will be seen in the following passages of his despatch to the Under Secretary of the Admiralty, dated 5th June, enclosing copies of the correspondence for the perusal of their lordships : — After having pointed out the authority by which the Criminal Court was established, how much it was the officers* duty to sit as members of that Court when called on, and the obvious necessity of it, I informed Major Ross, as I had done the day I first heard of the business, that the Judge- Advocate had declared in the most solemn manner that he never had intended any offence to Captain Campbell by his letter ; and as I saw no reason for that officers refusing what was most undoubtedly a part of his duty, I desired that he would think seriously of the consequences. The precept for assembling a Criminal Court was ready to be issued as soon as the names of the officers were inserted who were next for that duty, and if Captain Campbell should persevere in refusing that duty, I desired to have his reasons in writing. It will be seen from this statement that Phillip's first effort was aimed at conciliation. He had seen Collin? before taking any step in the matter ; and having learned Digitized by Google