Sir, [4] Captain Case to Governor Macquarie. His Majesty's Ship Samarang, Sydney Cove, Port Jackson, 2nd December, 1812. 1813. 3 Aug. between Ballard I beg leave to lay before Your Excellency the enclosed The dispute Statement of an altercation which took place yesterday afternoon and Watson. on board the Estramina Schooner, between Mr. John Ballard, Acting Master of His Majesty's Sloop under my Command with James Watson and the Master of the above Schooner for your perusal. I also beg leave to mention Such part as Came under my observation which is as follows-vizt. while laying indisposed in my Cot, my Carpenter came to me with Complaint that a man on board the above Schooner, in a State of inebriety had Struck our Master while in the execution of his Duty; upon hearing of which I immediately ordered him on board to be taken charge of until Sober, at which time I sent for him into my Cabin, and upon enquiring found him to be the Boatswain of the Yard, I ordered him to be released. I have, &c., WM. CASE, Captain. John Ballard. [5] The Statement of the proceedings on board the Estramina Statement by Schooner while laying alongside H.M. Ship Samarang, under your command, between myself and James Watson and the Master of the Estramina Schooner, Sydney Cove, Port Jackson 1st Decr., 1812. BEING in the act of hoisting in Coals from the above Schooner, I, Mr. John Ballard, Master of H.M. Sloop under your command inquired of the Master of the Schooner the weight of each Basket of Coals to be filled. He told me one hundred wt. I rather doubting his assertions expressed a wish to see the Basket of coals weighed in my presence, and when in the Act of weighing the above mentioned Basket of coals the same James Watson (Harbour Master) who, being on board the Schooner at this time, stepped up and directed that more coals should be put on the Basket. When I said the Basket was sufficiently full, and begged him to desist, but he most presumptuously refused, and in order to prevent his doing the Same I put my arm before him, when he immediately Seized me by the Collar; while endeavouring to release myself from his most Violent treatment by pushing him from me, I was suddenly collared by a Second person whom I discovered by looking round to be the Master of the Estramina Schooner. When free from the grasp of the aforesaid persons I immediately called for the Serjeant of Marines, and directed him to take the Said James Watson in charge and to take him on board H.M. Ship under your Command. To confirm the authenticity of the afore-mentioned circumstances there are two Officers on board H.M. Ship ready to take oath if required, to what I have inserted. Sir, I am, &c., JOHN BALLARD, Master. [6] Captain Case to Governor Macquarie. His Majesty's Ship Samarang, Sydney Cove, 6th Decemb., 1812. In reply to your letter of yesterday's date, I feel myself bound from a Sense of Duty I owe His Majesty's Naval Service to support with dignity the Honorable Commission I bear, and Severely regret that a Correspondence should become necessary under Circumstances So disagreeable. In the first part of your Excellency's letter, you call upon me to explain clearly and explicitly whether it was by my own Order, or by what authority, Mr. Robert Watson, Harbour Master of this Port was put in Irons, I beg leave to refer you to my letter dated 2nd Decr. 1812, as also the depositions on that Subject; what came under my own observation is there stated. However, in order to prove to your Excellency that the Steps taken with the Said Mr. Robert Watson were so far warrantable as to place him under the penalties of the 22d Section of the Naval Articles of War, wherein it Says, "If any Officer Mariner or Soldier in or belonging to the Fleet, shall Strike any of his Superior Officers, or draw or offer to draw, or lift up any weapons against him being in the execution of his Office on any pretence whatever, every Such person, being convicted of any Such offence by Sentence of a Court Martial, shall Suffer Death." I therefore conceive his crime of Such a glaring nature, that it fully justifies the Steps already taken, and your Excellency must be well aware that crimes committed afloat must become Subject to Naval discipline. And I feel it my duty, as Commanding one of His Majesty's Ships in this Port, not to Suffer any infringement on its discipline but to carry it up to the full meaning and Spirit of my Instructions, and I assure Your Excellency I have acted Solely on the Authority vested in me by His Majesty. I, also, beg leave to refer Your Excellency to that part of your letter wherein your Excellency conceives it highly insulting and disrespectful to you as Governor in Chief and His Majesty's Representative in New South Wales. The latter I am well convinced of, and I trust your Excellency will allow me to be His Majesty's representative afloat. 1813. 3 Aug. action taken. When the affair first took place, myself with my First Lieu- Reasons for tenant was sick, the Second Lieutenant was on shore on duty, consequently the Command devolved on the Master, who contrary to my orders, placed the Said Mr. Robert Watson in Irons, and whom I Severely reprimanded for having done so. I was not acquainted with Mr. W. being an Officer in the Colonial Service, but his disgraceful Situation before me, a Captain in His Majesty's Navy, he being intoxicated with a contemptuous deportment, was sufficient to justify the Act which your Excellency is pleased to term illegal, unjust and arbitrary, and under these circumstances, I have to request that you will be pleased to Demand by apply to the Commander in Chief in India for a Court Martial Case for an inquiry. on my Conduct and that of the Master of His Majesty's Sloop under my Command, as it is highly necessary it should become a Subject of Serious investigation. Your Excellency must consider that the Master of a King's Ship is considered as a Gentleman, and there certainly Should be Some distinction made between the two. I further beg leave to assure your Excellency that my wish has been for the public good, and no motive could have induced me to act as I have done did I not feel convinced there was a necessity for it, but difference of opinion, I hope, will not be the means of delaying the Service I am employed in. The enclosed affidavits I also return, having taken a correct copy of them. I have, &c., WM. CASE, Captain & Senior Officer of His Majesty's Naval Forces in Sydney Cove. Sir, [7] Governor Macquarie to Captain Case. 7th Decr., 1812. I have had the honor to receive your letter of yesterday's date returning me the two Affidavits, I enclosed you in my letter of the 5th Inst. regrets at I must confess I am equally surprized and mortified to find Macquarie's that you appear to justify instead of disapproving of the Case's action. measures pursued by the Master of H.M. Ship under your Command towards Mr. Robert Watson, the Harbour Master of Port Jackson on Wednesday the 2nd Instant, in placing that Officer in double Irons under the plea of his being amenable to the Naval Articles of War. 1813. 3 Aug. Naval articles of war irrelevant to the position. No man can entertain a higher respect for His Majesty's Royal Navy and the Articles of War, established for its due subordination and discipline, than myself. But I cannot for a Moment allow that the Naval Articles of War are of Such paramount authority as to supersede the British Laws, so wisely enacted for the Security and protection of all British Subjects. Your quotation from the naval Articles of War is by no means applicable to the present case in any sense of the word. He is a free man, does not belong to the Royal Navy, holds a respectable Civil position under this Government, was in the execution of his Civil duties, as Harbour Master, when grossly and wantonly insulted by the Master of the Samarang; and when it is clearly proved that he never struck, but, on the contrary acted only in Self defence on his being first collar'd by the Master of the Samarang. Under all these circumstances, I must still remain of my former opinion that the measures pursued towards Mr. Robert Watson by the Master of the Samarang were unmerited and consequently illegal and arbitrary. And since you appear of a different opinion, I shall in pursuance of the intention intimated to you in my letter of the 5th Inst. transmit Statements of the the admiralty. Circumstances of the Case to His Majesty's Ministers, and to the Lords Commissioners of the Admiralty for their information and decision; and they, as our mutual Superiors will of course decide whether your interpretation or mine of the Articles of War be most correct and consonant with the British Laws. Report to be transmitted to No court martial to be held. I do not deem it expedient or incumbent on me to apply to the Commander in Chief of the Naval Force in India for a Court Martial on either yourself or the Master of the Samarang; contenting myself with referring the matter at issue Home, as already intimated in the foregoing part of this Letter. But you may rest assured, Sir, however much we may differ in opinion on this particular point, you will always find me ready and willing to promote and facilitate the public Service, in which you are now engaged, by every means in my power. I was not before aware that you were His Majesty's Representative afloat, and therefore return you thanks for that piece of information. I have, &c., Sir, L. MACQUARIE. [8] Captain Case to Governor Macquarie. His Majesty's Sloop Samarang, Sydney Cove, 8th December, 1812. Acknowledging the receipt of your Excellency's Letter of yesterday's date, I feel infinite regret that the conduct of the 1813. 3 Aug. for the dispute. Master of H.M. Sloop under my Command towards Mr. Robert I therefore rest assured that the measures I adopted on this Sir, WM. CASE, Captain. [9] Governor Macquarie to Captain Case. regrets. I have the honor to acknowledge the receipt of your letter Macquarie's of this day's date; and, in reply thereto, have only to express my regret that the circumstances, which produced the Correspondence, should render it necessary for me to make an appeal to the Lords Commissioners of the Admiralty and His Majesty's Ministers in the matter at issue. I have, &c., Sir, L. MACQUARIE. [10] Governor Macquarie to Captain Case. Government House, Sydney, 16th February, 1813. Several Convicts having absconded and deserted from Convicts the Public Govt. Gangs, and from private individuals to whom supposed to have shipped on they were assigned, about the time H.M. Ship Samarang left the Samarang. this Harbour on her intended Voyage to India, and there being reason to suppose that some of them entered on board that Ship passing themselves off as Free men, and that they are still on board the King's Ship under your Command, I have to request that you will be pleased to make strict enquiry therein, and if received or entered by you under the Supposition of their being free men that you will cause them to be given up to Government, and delivered over to the Bearer, Mr. Nichols, the principal Superintendant of Convicts, who now proceeds on board to receive them. I also send the Chief Constable along with Mr. Nichols to receive the Convicts should any be found on board the Samarang. I conclude you will order the whole of your Ship's Company Ship's company to be mustered on board the Samarang, in presence of Mr. to be inspected. Nichols and the Constables, in order to enable them to identify the Convicts if there be any on board. But the surest and most effectual mode of ascertaining whether any Convicts have really |