Page:History of Australia, Rusden 1897.djvu/436
Macarthur "has been forcibly arrested from the bail which
the Court remanded him in, which illegal act (grounded on
the false deposition of the Provost-Marshal) we beg leave
to represent to your Excellency is in our opinion calculated
to subvert the legal authority and independence of the
Court of Criminal Jurisdiction;" and prayed that His
Excellency would "restore John Macarthur, Esq., to his
former bail, that the Court may proceed on his trial."
Bligh paid no attention to their prayer, and they adjourned
at 3 p.m. till his pleasure might be known. The felon
adviser recommended, and Bligh adopted a daring course.
Crossley drew up, and Atkins signed, a memorial, submitting
that the crimes of the officers amounted "to an usurpation
of His Majesty's government, and tended to create rebellion
or other outrageous treason," and Bligh issued a summons
to each of the officers in these words:
"The Judge-Advocate having presented a memorial to me in which you are charged with certain crimes, you are therefore hereby required to appear before me at Government House at nine o'clock to-morrow morning to answer in the premises. Given under my hand and seal at Government House, Sydney, this 26th day of January, 1808."
When the morrow arrived, Bligh was no longer in power to enforce any behest of Crossley. Bligh wrote again on the 26th to Major Johnston to inform him ("apprehending that the same illness will deprive me of your assistance at this time") that on the memorial of the Judge-Advocate he had summoned "six of your officers for practices which he conceives treasonable," and that "all the magistrates have directions to attend at nine o'clock to-morrow morning. I leave it for you to judge whether Captain Abbott should be directed to attend at Sydney, to command the troops in your absence." Johnston sent another verbal message (which reached Bligh about five o'clock), promising to send a written answer in the evening. On his trial in England (in 1811), Johnston thus defended himself:
"On the 26th I received a letter from the Governor announcing his resolution to arrest six officers for treasonable practices, and requiring ine, as I was unable to attend myself, to appoint Major Abbott to the command of the regiment. Had these measures been adopted there would have been but two officers to do the duty of the regiment, and the highest and most important duties must have been left to the sergeants. I was ill; Major Abbott was at Parramatta, sixteen miles off; and it could not be expected but that the arrest of six officers, and the dread of what