Page:History of New South Wales from the records, Volume 1.djvu/526

 412 PHILLIP AND THE MAJOR. disliked. 1789 could not compel them; and if he could not, how could 6 June, any one else ? In his own words, he knew of no article of war to compel them. I had been given to understand, soon after the Commission for establishing the Criminal Court had been read, that the officers Court duly thought it a very disagreeable duty, and that it was looked on as an hardship by some, but I never had supposed officers thought it a service which they were at liberty to decUne at their pleasure ; and I observed to Major Koss that I coxdd hardly believe it possible that such an opinion was general, but which would be known as soon as the precept for assembling the Court should be issued. At the same time, being desirous to restore tranquillity if possible, I consented to the demand then made by Major Ross, that a Court of Inquiry might be ordered to give an opinion on the Judge- Advocate's letter before the precept was issued ; and after having pointed out the consequences that must follow the officers refusing what was so necessary a part of their duty, and which, being declared such by an Act of Parliament require no articles of war, or particular instructions to the Commandant of the detachment, I assured him that while there were ten men in the detachment, officers should not be wanting to form a Criminal Court. Phillip could not have given a stronger proof of his desire to restore tranquillity than he did when he consented to Major Boss's demand, that a Court of Inquiry should be ordered to give an opinion on the Judge- Advocate's letter. The idea of a Court of any kind being ordered to give an opinion on a letter was so absurd that he might well have dismissed it with very little ceremony — especially after he had taken the trouble to communicate the judge's assurance that he was innocent of any intention to give offence. But Concession to show that his conccssion on that point was not weakness, he assured the Major that ^^ while there were ten men in the detachment, officers should not be wanting to form a Criminal Court " ; in other words, if there were only ten men left among the marines, he would make six of them officers and summon them to attend the Court. That was Ross demands an inqoiiy. Sic volo, sic Jubeo. Judicial opinion on a letter. not wealc- ness. Digitized by Google