that they had never dflubted ita being a part of their Uuty after they

heard the A el of riviliaiiient and the Coitimisaion read which established that Court ; but Mtijor Ross, afterwards, on the 6th May, telling me that he was still of opinion that many of the offieers did not think the sitting a« Tnembera of the Criminal Court any part of their duty, I desire that Major Horn woiikl assemble the officers, that their separate opinions might be taken on Uiat head." The opinions were taken on the same day. The majority agreed with Captain Tench, who always thought it his duty

• • froni the niovnent he read the Aet of Parhament," Some

said that they had never seen the Act till they arrived in the colony. Captain Camphell's opinion was not asked for, as Phillip knew it already, and *' judged it best for the quiet of the settlement to let him sit as a volimteer when his name wa.s returned." Ross was displeased at Phillip's tactics, which he called * oppressive f as converting into a duty *'what they had volunteered/' This being reported to Phillip he directed the Judge-Advocate to interrogate some of the senior officers on the subject formally. They con- curred generally as to Pioss's language. The otHcers at once informed Itoss that they had been examined ; Eoss asked what they had said, and (Pliillip wrote 5th June) the officers referred him to the Governor *' for the questions and answeis ; but Major Eosb has never mentionecl that liusiness to me, and I have therefore thought it best to let it rest in its present state/' One characteristic answer deserves to be recorded as that of one who was alwa3"s bold in duty, though eventually cashiered for an act which was of the highest order of duty, but subjected him to technical censure. Captain Lt. George Johnston told the Judge-Advocate :^" I do not recollect that the Major asked the officers to join in refusing with Captam Campbell to sit as members of tlie Criminal Court, but recollect his saying that officers were not to be tMven, and believe he wished them to concur with Captain Camp- heirs refusal ;" he also called it ** an oppressive duty." Phillip regretted troubling the Secretary of State with such affairs, but "the service an<l situation of this colony rendered it unavoidable, and thus tliscontents which had existed from the time the detachment landed still con- tinued. The docisioji of the Home Government was not sent to Fhillip until Itis confidential envoy (King) had coa-