The Naval Pioneers of Australia by Louis Becke
page 198 of 256 (77%)
page 198 of 256 (77%)
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violation of the regulations; and with seditious words and an intent to
raise dissatisfaction and discontent in the colony by his speeches to the Crown officials and by a speech he had made in the court of inquiry over the seizure of the stills. The speech complained of was to the following effect:-- "It would therefore appear that a British subject in a British settlement, in which the British laws are established by the royal patent, has had his property wrested from him by a non-accredited individual, without any authority being produced or any other reason being assigned than that it was the governor's order; it is therefore for you, gentlemen, to determine whether this be the tenure by which Englishmen hold their property in New South Wales." MacArthur objected in a letter to Bligh, written before the trial, to the Judge-Advocate presiding, on the ground that this official was really a prosecutor, and had animus against him. Bligh overruled the objection, on the ground that the Criminal Court of the colony, by the terms of the King's patent, could not be constituted without the Judge-Advocate. MacArthur renewed his objection when the court met; Captain Kemp, one of the officers sitting as a member of the court, supported MacArthur's view; and the Judge-Advocate was compelled to leave his seat as president. MacArthur then made a speech, in which he denounced the Judge-Advocate in very strong language, and that official called out from the back of the court that he would commit MacArthur for his conduct. Then Captain Kemp told the Judge-Advocate to be silent, and threatened [Sidenote: 1808] to send him to gaol, whereupon Atkins ordered that the court should adjourn, but Kemp ordered it to continue sitting. The Judge-Advocate then |
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