Page:History of New South Wales from the records, Volume 2.djvu/29

 PHILLIP AND BOSS. 11 HowBver, tliis over-statement of the case does not excaee ^"^ Major Boss. He was entirely in the wrong. The refusal of Sbianie. a Conrt-martial to alter its finding was not a valid gromid for placing its members under arrest. If the Coort had sabmitied to the Commandant's dictation^ trial by Court- martial would have been reduced to a farce. Boss certainly was not responsible for the delay which kept these officers in suspense for three years, and in the end prevented any inquiry from being made into either his con- duct or their own ; but the step he toot was an unwarrant- He able exercise of authority ; and if an investigation had been authority. held he would probably have been severely censured. After their return to England the officers concerned moved the Admiralty with the object of having their own conduct cleared up and that of Major Boss reviewed, bat they were mnsmccessfuL On the 22nd September, 1792, Captain Tench sent to the Lords of the Admiralty, through General Collins, An appeal the officer in command of the division of marines at Ply- Admiralty mouth, a memorial requesting that a General Court-martial might be held to investigate his conduct, '^ not only with respect to a transaction mentioned in a letter from Major Boss, publicly read at the Court-martial lately held on Captain Meredith, but also as President of a Detachment Court-martial, notwithstanding the lapse of three years specified in the Marine Act of Parliament.'^ But if he was denied a General Court-martial on himself, '^ he steps forward to charge Major Boss, as Commandant of the battalion of marines in New South Wales, with tyranny and oppression," requesting at the same time that the Major might be tried by General Conrt-zoartial, with this condition, that the charges ahould include among other instances of Boss's misconduct that of his putting the Court-martial under arrest. If this request had been granted. Major Boss would have found it difficult to justify his conduct. But the Lords of the Admiralty did not consider it necessary to appoint « diauowed