Page:History of New South Wales from the records, Volume 1.djvu/529

 PHILLIP AND THE OFFICEES. 415 had happened. He was not prepared to try conclusions with the Governor when it came to the point. There can 6 June. be no doubt that he knew his duty under the Act quite as well as any of his brother officers ; and that the position campboii he took up on the matter was a foregone conclusion between "*^'*° ^^' him and the Major. Phillip explained his views on that point as follows : — As no legal inquiry into the conduct of any officer could be made here, and as Captain Campbell was the only officer who could be called on to sit as a member of the Criminal Court who did not think it a part of his duty, I judged it best, for the quiet of the settlement, to let him sit as a volunteer when his name was returned. In order to satisfy himself as tg the actual state of opinion among the officers on the main question at issue — for up to this point Phillip had nothing before him but Campbell's letter and Ross's verbal statements — ^he determined to see phuiip pecs some of them personally on the subject. ^° ^^' I had sent for several of the officers before the Court met, in order to point out to them the consequences which would follow their refusal of so essential a part of their duty ; and the officers I saw on that occasion assured me that they had never doubted its Their being a part of their duty after they heard the Act of Parliament ****®™^"^ and the Commission read which established that Court. But Major Ross afterwards, on the 6th May, telling me that he was still of opinion that many of the officers did not think the sitting as Officers members of the Criminal Court any part of their duty, I desired aascuibied. that he would assemble the officers that their separate opinions might be taken on that head. The Major was not prepared to give way even when he found that the officers generally did not agree with him, and was injudicious enough to put the matter to a final, test and by taking their opinions formally in writing. Phillip sent ®^"^*°^- special instructions to him by the adjutant for this purpose, worded as follows : — The Governor requests that Major Ross will assemble the officers of the detachment now at head-quarters and report to him their separate opinions, whether or not they think it their duty to Digitized by Google