1813. 3 Aug. his Ship to ramble about the Streets of the Town on Sundays, bringing on Shore their Allowance of Spirits and Small Kegs Case's disregard and Bottles, and Selling the Same on Shore, instead of drinking of port and police regulations. Complaints of merchants and ship-owners re Case's actions. Reasons for report made by Macquarie. it on board, according (as I am given to understand in the Order) to the Rules of the Navy, and thus greatly disturbing the Peace and Tranquility of the Town. Several Complaints have also been lately made to me by respectable Merchants and Ship-Owners in Sydney that they have Sustained very Severe Loss and Injury in their Trading and Shipping Concerns from Captain Case's forcibly taking boats, Seamen, and Carpenters from their Ships, and private Dock Yards; to one of which he lately sent a Party of Marines to Press and take from the Yard by Force two Carpenters. These Outrages are too gross and of too Serious a Nature to be overlooked, and I have therefore referred these Complaints and Sufferers to the Courts of Law in the Colony for that Redress so justly due to them from Captain Case. I enclose herewith, for the Information of their Lordships, Copy of a Letter, marked No. 21, I lately received from Mr. Blaxcell, one of the principal Merchants and ShipOwners in Sydney, Containing a Complaint of a very Serious Nature against Captain Case, in which his Conduct appears to Me to have been highly Reprehensible and Illegal, and which I have therefore directed to be taken Cognizance of by the regular Courts of Law established in this Colony. 12. In Submitting the foregoing Statement of Facts to the Consideration of the Lords Commissioners of the Admiralty, I request You will be pleased to Assure their Lordships that I am actuated in making it by no Spirit of Revenge or Animosity against Captain Case or his Officers, but solely from a wish to maintain the high office, I am here Intrusted with, Unimpaired, and to Protect His Majesty's Subjects Committed to my Care. These being my Motives for preferring the present Complaints against Captain Case and his Officers, I indulge a Hope my Conduct herein will meet with the full Concurrence and Approbation of the Lords Commissioners of the Admiralty. I have, &c., L. MACQUARIE, Govr. in Chief of N. S. Wales. [Enclosures.] COPIES OF CORRESPONDENCE BETWEEN HIS EXCELLENCY GOVERNOR And of Papers connected therewith. Numbered from 1 to 21 both inclusive Commencing the 5th Decr., 1812, and ending 29 July, 1813. In Ten Sheets. Each leaf having my Initials (J.T.C.) affixed to it as a Voucher for its being Correct. Sydney, 3rd August, 1813. Sir, JNO. THOS. CAMPBELL, Secy. [1] Governor Macquarie to Captain Case. Government House, Sydney, N. S. Wales, 5th Decr., 1812. 1813. 3 Aug. reasons for It is with very Sincere regret that I feel myself compelled Case to explain from a sense of Public Duty, to call upon you to explain to me arrest of clearly and explicitly whether it was by your own, or by whose Watson. authority, the Sailing Master of His Majesty's Ship Samarang, under your Command, took upon him the highly illegal and most unwarrantable step of making prisoner of Mr. Robert Watson, Harbour Master of this Port, while in the execution of his duty on board the Government Colonial Vessel Estramina on Wednesday, the 2nd Instant, by taking him on board the Samarang and there placing him in double irons. Watson's arrest. If this man had committed any fault or crime deserving of Illegality of punishment, the regular course would have been to have sent him to have been tried on shore, or punished by me after his crime had been clearly Substantiated; but to inflict such disgraceful summary punishment upon him, without either trial or examination before any regular constituted Authority, was as illegal as it was unjust and arbitrary. made to the Permit me also to inform you, Sir, that I consider this Act Report to be as highly insulting and disrespectful to me as Governor in Chief admiralty. of this Territory and His Majesty's representative, and I shall consequently feel myself bound to submit a Statement of the whole of the circumstances of this case for the information and decision of the Lords Commissioners of the Admiralty, and His Majesty's Ministers, unless I receive from you a satisfactory explanation on this important point. of affidavits. Herewith I enclose, for your perusal and information, affi- Transmission davits made this day before a Magistrate by Mr. Robert Watson, Harbour Master, and Mr. George Dowling, the Wharfinger, of Port Jackson, containing a Statement of the circumstances which occurred on the 2nd instant on board H.M. Ship Samarang, and Government Colonial Vessel Estramina, to which Statements I request your particular attention. statement Your letter dated the 2nd Instant* enclosing the Statement Ballard's of the Master of the Samarang for my information, through unsatisfactory. Some mistake was only delivered to me this morning; but I am sorry to say it contains nothing Satisfactory, or that can in any degree palliate the highly improper and illegal conduct of that Officer. I have, &c., L. MACQUARIE. * Note 9. 1813. 3 Aug. Deposition of [2] Deposition of Robert Watson, harbour master. Sydney, N. S. Wales, harbour master. Cumberland to Wit. The Deposition of Robert Watson, Harbour Master and Senior Pilot within the Harbour of Port Jackson: who, being duly Sworn on the Holy Evangelists, Saith-That on Wednesday, the Second of this instant Month of December, this Deponent being then on board the Government Colonial Vessel Estramina, which he had laid alongside of H.M. Ship Samarang, then laying within the Cove of Sydney in order to her discharging part of her cargo of Coals into the Said Ship Samarang, it being his duty as Harbour Master so to do; That the Estramina being commanded by his own Son, Edward Watson, he continued for some time with him on board of her, and observed the discharge of part of her Cargo. That about 100 Baskets of Coals full heaped were discharged to the Samarang. After the Said 100 Baskets, or thereabouts, had been So discharged, an Officer belonging to the Samarang, whose name Deponent does not know, but whom he has reason to believe is the Sailing Master of the Said Ship Samarang, came on board the Estramina, and said the Coals should be delivered by an average weight, and for that purpose had a Basket of Coals weighed, which he said should be the average weight of all the other baskets. That Deponent, observing that said Basket of coals So weighed was not heaped in the Same manner as the former ones had been, it being only levelled to the top of the Basket, objected to it as a due Standard; as, were the heaped Baskets to be only rated at the Same weight with that so weighed, there would be a loss of about 20 lbs. weight on each Basket. That he made this objection on the part of his Son who commands the Said Estramina, who, being a young and inexperienced man, was fearful to make the objection himself. That he, this Deponent, then took a Shovel and began to heap coals into the Basket the same way as had been done with all the former ones. That in so doing, the Said Master of H.M.S. Samarang Seized him this Deponent by the Collar and Shook him, Saying he had no business with the matter. That Deponent being thus illused, without any provocation, his Son Edward Watson then Stepped forward and caught the Said Master, and disengaged him from the grip he had taken of his father, and Deponent Saith that unless he had been so Separated from the Master of the Samarang, he believes the Said Master would have Struck him. That Said Master abused him in gross and unbecoming terms, and told him he would put him in Irons. That Said Master then called to the Serjeant of Marines, then doing Duty on board the Samarang, to take him this Deponent on board H.M.S. Samarang, and 1813. 3 Aug. put him in Irons. That Deponent then Said he would go on board of his own Accord, and that he did accordingly go on board, and was immediately put in Irons within the Main Hatch- Deposition of Robert Watson, way. That Deponent then saw nothing further of the Master, harbour master. but, after being about quarter of an hour in Said confinement in Irons, he this Deponent was brought before the Captain of said Ship Samarang, in his Cabin; that the Said Captain informed Deponent that owing to the good character he had heard of Deponent, that he would release him from his confinement on condition that he this Deponent would beg the Master's pardon. That Deponent Said "No, Sir, I cannot think of begging pardon when I am in the right." That the Captain then ordered him this Deponent into Irons again, and that he was accordingly put in Irons as before, and remained so confined for about the further Space of three quarters of an hour. That Deponent was at length Set at liberty, and returned to Shore with Captn. Glenholme, the Naval Officer, and to this Deponent further Saith that he believed he owes his enlargement to the application or remonstrance of the Said Naval Officer. And Deponent further Saith not. ROBERT WATSON. Sworn at Sydney, New South Wales, this 5th day of ELLIS BENT, Judge-Advocate. [3] Deposition of George Dowling, Wharfinger. George Dowling, wharfinger. The Deposition of George Dowling, Whar- Deposition of Sydney, N. S. Wales, finger and Meter, of Sydney aforesaid, Cumberland to Wit. J being duly Sworn on the Holy Evangelists, Saith-That on Wednesday, the Second of this instant December, He, this Deponent, was on board the Government Colonial Vessel Estramina, in the execution of his duty as Meter, Superintending the discharge of part of Said Vessel's cargo of Coals to His Majesty's Ship Samarang, alongside of which ship the Colonial Government Vessel had been placed by Robert Watson, the Harbour Master. That said Deponent asked the Master of the Estramina what quantity of Coals he was to discharge to the Samarang. That he was answered Six tons. That the Said Harbour Master and his Son, Edward Watson, who Commanded the Said Estramina went on board the Samarang, and remained there for about 25 or 30 minutes; that they then returned to the Estramina, and Deponent asked the Master of the Estramina why he did not begin to discharge of the Coals. The Deponent was answered by Said Master of the Estramina that he waited for the assistance of the Camp Gang. That a 1813. 3 Aug. Deposition of George Dowling, wharfinger. boat was Sent on Shore for the men of the Camp Gang, and returned, not bringing any assistance; That one of the men who had gone ashore on the Boat Said on his return, that the Men of the Camp Gang could not be Spared. That Deponent, observing that the discharge was not likely Soon to commence, told the Master of the Estramina, that he this Deponent would go on Shore and take his dinner, but if the Gang Should arrive before his return that he this Deponent requested of the Master of the Estramina to send a person for him. That a person accordingly did come for him, and that this Deponent went again on board the Estramina. That five or Six Baskets of Coals had been delivered before his return to the Estramina. That he this Deponent Kept a regular Tally of the Number of Baskets of Coals discharged in his presence to the number of about 110. That this Deponent then requested the Master of the Estramina to get a Basket of Coals weighed for the purpose of ascertaining the number of Baskets which would be required to make up Six tons. It was then agreed between the Master of the Samarang and the Master of the Estramina that a Basket of Coals should be weighed. A Basket was then filled and a Steel yard was sent for on board the Samarang to weigh it. The Harbour Master was then Sitting forward on the Starboard Side of the Estramina on the railing nearly opposite the Main Hatch. The Deponent saw the Master of the King's Ship Samarang take a shovel or spade and Strike off all the Coals above the level of the rim of the Basket. That the Said Harbour Master then Stepped forward, and taking the Shovel, Said he would not see Government wronged, and began to replace the Coals in the Basket, which had been struck off by the Master of the Samarang. That the Master of the Samarang then questioned the Harbour Master what business he had with it, and pushed him away from the Basket. Deponent then requested Watson, the Master of the Estramina, to interfere to prevent blows from taking place between the Master of the Samarang and the Harbour Master. That Said Watson did interfere and went between them. But the Said Master of the Samarang called to the Serjeant of Marines to take this man, meaning the Harbour Master, and to put him in Irons; and that Said Harbour Master went on board the Samarang attended by a person whom Deponent supposes to be a Serjeant of Marines. Deponent further Saith not. Sworn at Sydney, New South GEORGE DOWLING. Wales, this 5th day of ELLIS BENT, Judge-Adv. |