Page:Royal Naval Biography Marshall v4p1.djvu/198

 “After a passage of six days, I arrived at Port Dalrymple on the 7th of November, and having landed the provisions and stores, I took on board Lieutenant-Governor Paterson, with whom I arrived on the 31st of December. It is on the commencement of this voyage that I am accused of striking Captain Bligh’s broad pendant. But as no evidence has been brought forward to support it, the charge requires no answer; nor shall I trespass farther on the time of the Court, than to say, that the pendant never was struck by my order, except when the ship was at sea, when, according to the usage of the service in like cases, it was hauled down, and on her return to port again, was immediately re-hoisted.

“On the 1st of January, 1809, Captain Porteous of the navy, (who had arrived from England on the 15th of November) came on board, read his commission, and superseded me. He informed me, that having arrived during my absence, he had been permitted to communicate with Governor Bligh, and he had received his orders to acquaint me, I was to consider myself under arrest. From that day, until the 15th November, 1810, I remained in arrest, and for thirteen months was confined a close prisoner to the ship; nor did I know the nature even of the charges, until my arrival at Portsmouth on the 1st of this instant January.

“Surprised at the severity of my imprisonment, so unusually rigorous, I made respectful and repeated applications to be apprised of my supposed crimes, that I might be prepared for my defence, in case of a court-martial, or that I might attempt to remove any misconception, which had caused my confinement. Under so long a privation of common exercise, and feeling the hardship of my situation, with all the anxiety of a British officer so disgraced, my health gave way, and I became so emaciated, that I found it necessary to request a medical survey, to entitle me to the indulgence of exercise. The Court will be surprised to hear, that in violation of all rules and precedents, and in total disregard of common humanity, I was denied the survey I, for such urgent reasons, earnestly solicited; and it is probable I owe my present existence only to a naturally strong constitution.

“I have now to request the Judge Advocate will be pleased to read the third charge.

[The third charge was read.]

“As to this third charge, I am at a loss how to shape my defence, as I cannot, from its language, form any accurate idea of my offence. The acting government, with the knowledge of Captain Bligh, find it expedient that His Majesty’s Ministers should be forthwith apprised of the important occurrences that had taken place in the colony. Lieutenant Symons having signified his desire to return to England, was entrusted with the government despatches, in the Rose, a merchant vessel.

“I neither deemed it my duty, nor for the good of His Majesty’s service, to interfere in an arrangement that seemed so vitally essential to the