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1813.

3 Aug.

harbour master

by Ballard.

Coals, I directed Mr. Robert Watson, the Harbor Master, to repair on board the Estramina for the purpose of seeing them transhipped with the least possible Delay. Whilst Mr. Watson Arrest of was in the Exercise of this Duty, Some Altercation took place between him and Mr. Ballard, the Sailing Master of the Samarang, which ended in the latter making a Prisoner of the former, taking him by force on board of the Samarang and there putting him in Irons, Whilst in the Execution of his Duty as an Officer Under this Government. Mr. Watson was shortly afterwards Release of taken out of Irons and relieved from his Imprisonment, on the Watson by Case. Representation of the Naval Officer of the Port to Captain Case of the Harshness and Injustice of the Steps that had been pursued towards the Harbor Master; who, as soon as he was released from his Confinement, Complained to me of the ill Usage he had Complaint of received from Captain Case and the Master of the Samarang. Macquarie. I directed Mr. Watson, in the first instance, to make Affidavit of the Whole of the Circumstance Connected with his Imprisonment, and I also directed the Wharfinger, Mr. George Dowling, who was on board the Estramina, in his official Capacity, during the time of the Altercation between the Master of the Samarang and Mr. Watson, to make Affidavit of the Circumstances which then passed.

Watson to

between

Ballard's

4. Being Strongly impressed with the Injustice and Illegality Correspondence of the Conduct of the Master of the Samarang, and that it was Macquarie the Duty of Captain Case to prevent such illegal Acts being and Case re Committed by any of his Officers, I addressed a Letter to him conduct. on the Subject, enclosing him the two Affidavits Alluded to, and Calling on him for an Explanation of Mr. Ballard's Conduct towards Mr. Watson. The Correspondence, that took place between Captain Case and myself on this Occasion, is Contained in the Accompanying Papers, Marked from No. 1 to No. 9 Inclusive. I forbear to make any Comments on the answers I received from Captain Case respecting this disagreeable Occurrence. But I trust the Lords Commissioners of the Admiralty will do me the Justice to allow that I Could not tamely Submit to such a Marked Insult being Offered to an Officer, Serving under My Authority, while in the Execution of his Duty, without Calling on Captain Case to redress the Grievance Complained of. In as far as he was able, by Censuring the improper and Tyrannical Conduct of his Sailing Master. How far their Lordships will approve of Captain Case's Conduct in this instance, it is not for me to say, but I should hope they will Consider it in the same Light as I do, and that they will be pleased to express their Disapprobation of the Conduct of that Officer on this Occasion.

1813.

3 Aug. Convicts shipped on the Samarang by Case.

Regulations

proposed re shipping or

naval service.

5. The Samarang Sailed from Port Jackson on the 7th of January last, intending to return to India; but returned again into Port on the day following, in Consequence of her being found Very Leaky After getting out to Sea. Several Convicts were Missed immediately on the Sailing of the Samarang, which led to a Suspicion that they had made their Escape in that Ship. On her Return into Port these Suspicions were Confirmed, but it was not 'till some time Afterwards that I had positive Proof that they were on board the Samarang under fictitious Names, and that Captain Case had received them on board, and Entered them on his Ship's Books. Altho' I had Reason to believe that he Must have known they were Convicts, Yet I was willing to suppose that they might have passed themselves upon Captain Case as Free Men, and therefore I addressed a Letter to him on the Subject, a Copy of which I herewith transmit, marked No. 10, and in Consequence of which Application he sent Five Convicts on Shore, whom, he said, had Entered with him as Free Men. To the Letter I addressed to him on this Occasion, he did not Condescend to favor me with any Reply, nor has he ever Attended to the Recommendation it Contained in regard to Identifying at the Secretary's Office the persons of those Men who Enter with him here as Seamen; so that, Most probably, When he again Quits this Port, he will Carry away many Convicts, who will be glad to avail themselves of so favorable an Opportunity of making their Escape from the Colony.

I have Mentioned this Circumstance, not so much in the Way of Complaint against Captain Case, as to shew the Necessity of pressing men for all other Captains of Men of War, who may hereafter Visit this Port being furnished with positive Orders from the Lords of the Admiralty not to receive, or permit to be Entered on board of their respective Ships, any person whatever in this Colony, without first Identifying his person at the Police or Secretary's Office, in order to ascertain whether he be really a Free Man or a Convict. It would also be adviseable that Captains of Men of War Coming to this Country should be prohibited from Pressing any Seamen, either on float, or on Shore, without first observing the Same Rule of Identifying their Persons at one or the other of the Offices above Mentioned, as it would preclude Almost the Possibility of Convicts making their Escape from the Colony, if this Rule was rigidly Observed by Ships of War, as well as Merchant Men.

Riotous conduct

6. The next Complaint, I have to prefer against Captain Case of naval officers, and the Officers of the Samarang, is a very Serious Breach of the Peace, Committed by the latter in the Town of Sydney on the Night of the 16th of March last, in assaulting and destroying

1813.

3 Aug.

seamen from

part of the premises of Thomas Clarkson, a peaceable, Industrious Inhabitant, and in forcibly rescuing and releasing from the Civil Power a Sailor belonging to the Samarang, who had Release of been taken up and Confined in one of the Watch Houses for watch-house by rioting, and Assaulting the premises of the afore named Thomas Samarang. Clarkson on the Night of the 16th of March last.

7. The Superintendant of Police having reported to me that the Officers of the Samarang had Committed the Breach of the peace herein adverted to, and laid before me the Deposition of Thomas Clarkson whose Premises had been attacked, and of the Constable who was in Charge of the Watch-House, Where the Sailor had been Confined, detailing the Circumstances of the said Assault and Rescue, I lost no time in Sending for Captain Case to apprize him of what had happened. On his Calling upon Me I shewed him the Depositions of Thomas Clarkson and the Constable, and endeavoured to Impress him with the Very Serious Nature of the Offence against the Laws and the Police of the Country his Officers had thus Committed; telling him at the same time that it was not my Wish to expose them to any public Trial or Punishment, providing they would Apologize to me in Writing in Appropriate Terms of Sorrow and Regret for the Offence they had Committed and the Insult they had thereby Offered to Me and the Government over which I presided. Adding that they must also pay the Amount of Damages they had Committed on the House and Premises of Thomas Clarkson; and on these Conditions, only, I should take no further Notice of what had passed.

officers of the

officers to make

Captain Case at this Interview, appeared to be sensible of the Refusal of improper Conduct of his Officers, promised that he would ex- a written postulate with them thereon, and recommend to them to Submit apology. to the Alternative I had then Offered them through him. I saw nothing farther of Captain Case for some days, when he again Called on me and informed me that he had Spoken to his Officers, but that he Could not prevail on them to make a Written Apology, or to acknowledge that they had Committed any Breach of the Peace or Offence against the Laws of the Country; and only Adding that they Meant no Insult to Me, personally, and that they had No Objection to pay Thomas Clarkson the Amount of Damages they had done to his House. I informed Captain Case that this Message, sent by his Officers through him, was by no Means Satisfactory, that I Could not Consider it as any Apology, and that I must therefore require of him in writing to deliver up the Officers of the Samarang, Concerned in this Riot and Assault, to the Civil Power, in order to be dealt with according to Law.

SER. I. VOL. VIII-C

1813.

3 Aug.

Demand for surrender of

8. In pursuance of this Resolution, and on the Strength of the Deposition of Thomas Clarkson and the Constable, from whose Custody the Sailor had been forcibly rescued, I addressed officers for trial. a Letter to Captain Case under date 22nd of March last, Calling on him to deliver up to the Civil Power the Officers, therein named, to Stand their Trial for the Offences of which they had been Accused in the Said Depositions. The Correspondence which passed on this disagreeable Occurrence between Captain Case and Myself and some of his Officers, together with the two Depositions alluded to, and another Affidavit made by a Woman named Hester Stubbs, connected with this Subject, Are Contained in the papers from No. 11 to No. 20, both Inclusive, which accompany this Letter, and to which I beg leave to refer their Lordships. The Reason of my Naming Lieutenant Butcher of the Samarang in my first Letter to Captain Case on this Subject, was, that Thomas Clarkson, tho' he Could not Swear positively to his Person, assured me that he was one of the party who had Assaulted his Premises on the Night of the 16th of March. It afterwards appeared, however, that Clarkson had mistaken Lieutenant Butcher for Lieutenant Strover of the same Ship, who, in person and Size, bears a very near Resemblance to Lieutenant Butcher. Lieutenant Strover had the Candor, some time afterwards to acknowledge to Myself that He was one of the Persons who had attacked Clarkson's Premises, and that Lieutenant Butcher was not then with that Party. It appears, however, in the Affidavit of Hester Stubbs that Lieutenant Butcher accompanied her to the Watch House where his Servant was Confined, and Witnessed his being forcibly rescued.

Officer wrongly identified.

Trial and

acquittal of officers for rescuing a

9. The Officers of the Samarang Concerned in rescuing the Sailor from the Civil Power, having persisted in declining to make any appropriate Atonement for that Breach of the Peace. the watch-house. I ordered them to be Summoned before the next Criminal Court

sailor from

to have their Conduct Investigated, and the Result was that they were Acquitted of Forcibly Rescuing, as the Indictment ran, the Sailor Confined in the Watch House, out of the Hands of the Civil Power. It appeared however in Evidence that they made use of very threatening and very abusive Language to the Constable in Charge of the Watch-House, who, from Fear, was induced to Open the Door of the Room where the Sailor was Confined, and Allow him to Walk out by their Command. I have thus detailed this very unpleasant Occurrence exactly as it took place. I forbear to make any Comments on the Letters addressed to me on this occasion by Captain Case and Some of his Officers. They Speak for themselves, and must, I think, appear to their Lordships as highly Insulting and disrespectful

to Me, as Governor in Chief of this Territory; and if so, I hope their Lordships will take Such public Notice of the Conduct of Captain Case and his Officers, as in their Judgment it Merits.

1813.

3 Aug.

condemnation of

to remain in

Port Jackson.

the Samarang.

and assistance granted by

10. In the latter End of January last, Captain Case Ordered Survey and a Survey on the Samarang Sloop of War, under his Command, the Samarang. and the Committee gave it as their Opinion that She was Unfit for His Majesty's Service, but that She was Capable of undergoing Such a Repair here, as would admit of her returning to India by the Eastern Passage. Captain Case did not then think Case's decision proper to give her this temporary Repair, and resolved on Reporting the disabled Condition of the Samarang to the Commander in Chief of the Naval Force in India, sending an Officer thither by the first Opportunity that Offered to Convey this Intelligence to the Admiral. I was therefore not a little Surprized to receive a Letter from Captain Case dated the 11th of June last, announcing to me his Intention of immediately Repairs Commencing to repair the Samarang, so as to enable him to proposed for return in her to India, and Calling upon me to furnish him with a number of Naval Stores, Timber, and Workmen to enable him to put His Majesty's Ship in a thorough State of Repair. Notwithstanding I Considered the Conduct of Captain Case Naval stores as very extraordinary and inconsistent on this Occasion, after Sending his Report to the Admiral Commanding in India of the Macquarie. Ships having been Condemned as unfit for the Service, Yet I agreed to furnish him with Such Naval Stores and other Assistance for repairing the Samarang, as Could Conveniently be spared to him from the Very limited Resources of the Government, and which I have accordingly done, as far as I possibly Could, without actually depriving myself of the Necessary Means of keeping the Government Colonial Vessels in Repair, and in a Constant State of Readiness for the Service of the Colony. Captain Case, however, Complains that I have thrown Impediments in the Way of his repairing His Majesty's Ship, and that he is refused Almost every thing he asks for from the King's Stores here; but this Assertion is as unfounded as it is unjust and illiberal: for he has received every Assistance in Stores and in Workmen that I Could possibly Afford, and I greatly fear, after all, that Captain Case will put the Crown to a very heavy Expence in repairing this old decayed Ship without ever being able to make her fit for His Majesty's Service.

of port and

11. In Concluding this Letter I must add that the General Case's disregard Conduct of Captain Case has been highly irregular and improper police since his Arrival in this Colony in his total Disregard to the regulations. Colonial Port Regulations and Police Regulations; In open Defiance of the latter he permits and Sanctions the Seamen of

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