Page:History of New South Wales from the records, Volume 1.djvu/532

 418 PHILUP . 1789 to draw up the questions^ and to send them in an official 28 M^-. communication — ^looking very much like ''a lawyer's letter^' — addressed to five of the senior officers, who were requested to meet him on the subject. This was done accordingly on the 28th May :— It having been reported that the" Major-Commandant of the statement of detachment, did in the presence of many of the of&oera, declare the ohMge. ^^^ ^^iq Governor's oaUing on Captain James Campbell to sit as a member of the Criminal Court, established by Act of Parlia- ment, for the trial of criminal causes in this country, was oppres- sive ; and that the said Major-<]!onmiandant did publickly address the officers then present, in order to induce them to concur with Captain Campbell in refusing to acknowledge the duty of the Criminal Court to be any part of the officers duty ; and to per- suade them to refuse sitting as members of the said Criminal Court ; I am, in consequence of the said report, desired by the Governor to call upon such officers of the detachment who were QaestioDs present at that meeting ; and to put the following questions to ^^ ' them ; in order that it may be known how far the said report is founded in truth. 1. Was there such a meeting, and what reason was assigned by the Major-Commandant of the detachment for assembling the officers ? 2. Did the Major-Commandant at that meeting say that the Governor's conduct in calling on Captain Campbell to sit in his turn as a member of the Criminal Court was oppressive ? 3. Did he ask the officers to join Captain Campbell in refusing to sit as a member of that Courts or what was said on that sub- ject? T?hc The answers sent in fixed the responsibility of the objec- tionable language on the Major, beyond a doubt. The statement sent in by Captain Tench may be taken as a specimen of the whole :— 1. The meeting was held on Monday, the 27th of April, by order of the Major-Commandant. The reason he assigned for such meeting, was to repeat a conversation he had had with the Governor, to lay before them a letter he had received on service from Captain Campbell in consequence of a correspondence he Digitized by Google