1813. 14 Aug. Case's assertion of his powers. Repudiation of Macquarie's control over ships of navy. Sir, [Enclosure No. 3.] CAPTAIN CASE TO GOVERNOR MACQUARIE. His Majesty's Sloop Samarang, Sydney Cove, Port Jackson, 9th August, 1813. In reply to yours of yesterday's date, I beg leave to inform Your Excellency that it is not consistent with the Commission I have the honor to bear in His Majesty's Navy to suffer any infringement on its discipline, as I have acted by the sole authority of my Instructions, which has once before been pointed out to Your Excellency. Your Excellency must be well aware that you cannot have any Command over any of His Majesty's Ship's, as on the high Seas I have full Authority, as that power is vested in me, being the Senior Naval Officer in New South Wales; therefore I a responsible to the Admiralty and Ministers of State and to them only for my Conduct. am I have therefore to request you will be pleased to forward all your Complaints to the Admiralty and Ministers of State, as that will give me an opportunity of defending my Conduct as also the Officers of the Ship and likewise how His Majesty's Service has been delayed, and injured by it, by being thwarted in Alleged delays all my undertakings since I commenced repairing the Ship, and in repairing the Samarang. Reasons for even at this moment the Carpenters are prevented from coming to the Ship by Mr. Cossar, the reason of which I believe is in consequence of my ordering him to be Checked on the Ship's Books, which is that he cannot have any Provisions from His Majesty's Sloop under my Command, as he does not regularly attend himself, but the rest of them are Victualled for their Extra labour under the direction of the Carpenter of the Samarang. I shall feel pleasure in affording every Assistance to the Commercial interests of the Colony in protecting the Trade, and supporting due Order in the Harbour so far as my instructions admit of. The Governor Macquarie belonging to this Colony got under Weigh with the intention of leaving the Harbour, passed the Samarang's Bows without any Colours flying or reporting to me her leaving the same; there were several Musquets fired from the Ship in order to bring her too, and She was likewise hailed by the Fortune and told the Samarang was firing at her to bring her too; the which She refused and made Sail, until She was out of the reach of Shot, and then She showed her Colours but had the Breeze continued she would have got out in spite of my exertions, and beg leave to say that in consequence of there being a quantity of Stores belonging to the Samarang at Messrs. Campbell's Wharf, a Sentry is placed over them and he did no more than his duty in endeavouring to bring the Ship too, by firing after the Samarang's firing so many Shot. I am equally surprized that the Battery on Dawes's Point did not fire on the Governor Macquarie to aid and assist in bringing her too, and particularly in not having her Colours flying. 1813. 14 Aug. I have once before written to Your Excellency of the Ten Men The Governor Macquarie belonging to the Samarang who have absented themselves with- searched for out leave; Lieutenant Butcher was sent by my Orders to bring deserters. her too and search her, and to send the Master to me with the Papers of the Ship, both of which he refused, and said he had no Papers belonging to the Ship, and immediately left the Vessel with Mr. G. Blaxcell; when the above Report was made to me, I ordered the Brig to be brought up and Anchored in Safety, and no person to leave her without my Orders. misconduct the Governor It is my indispensible duty to protect as far as lays in my Alleged power the British Flag as also those laws and regulations by of the master which it is governed, and Your Excellency must be well aware, and pilot on that by the Governor McQuarie treating that Flag with dis- Macquarie. respect and Contempt the Master of whom becomes subject to a very heavy Penalty, as also the Pilot and Naval Officer have committed themselves, and run the same risk in not bringing the Vessel too after the first Shot was fired; it was observed particularly by the Honourable Company's Ship Fortune, and I request Your Excellency will enquire into the Affair from that Ship respecting it, and to give directions that the whole may be laid before the Ministers of State as also the Lords of the Admiralty. Captain Jefferies of the Archduke Charles was an eye-witness, and as a representative of His Majesty in this Hartour, on the high Seas, I am surprized Your Excellency could even ask to have those Men delivered up to the Civil Power for doing their duty, and it is my determination while I remain in this Harbour to support harmony and subordination, as I have always endeavoured in every instance, and rest assured from a Sense of Public Duty, I shal! Co-operate with all Your Excellency's Measures so far as my situation will allow. I am firmly of opinion that the Men mentioned to you in a former Letter are now at Georges River waiting an Opportunity to make their Escape from Botany Bay. I have to request Your Suggested Excellency will give strict orders to the Guard on the Heads orders to not to suffer any Person to embark on board of any Vessel at sea. when outside. I beg leave to enclose for Your Excellency's Inspection a true Copy of my Orders given to Lieutenant Butcher yesterday, prevent escapes 1813. 14 Aug. and also the description of another Person who has absented himself from His Majesty's Sloop under my Command. I further beg leave to mention that since this letter has been written, the Carpenters from the Dock Yard are come on board the Samarang. It is with sincere Regret I have to observe, we still differ in point of Public Duty. I have, &c., WM. CASE, Captain. [Sub-enclosure.] Case's orders for the detention of the brig Governor Macquarie. Macquarie's regrets at Case's actions. Sir, CAPTAIN CASE'S ORDERS TO LIEUTENANT BUTCHER. The Governor Macquarie (Brig) having sailed without paying that respect which is due to His Majesty's Ships and Vessels, and the Master of her having refused to come on board or deliver his Papers up to the Officer for my Inspection, who was sent for that purpose, and having every reason to believe that She has Deserters from His Majesty's Ship under my Command on board, You are hereby required and directed to Order the Master of the said Vessel to return to her former Anchorage, and not suffer any of the People to leave the Brig without my farther Orders. Given under my Hand on board His Majesty's Sloop Samarang, this 8th August, 1813, WM. CASE, Captain. To Lieutenant Butcher, His Majesty's Sloop Samarang. Sir, [Enclosure No. 4.] GOVERNOR MACQUARIE TO CAPTAIN CASE. Government house, Sydney, 11th Augt., 1813. I have to acknowledge the receipt of your Letter dated the 9th Inst. with the papers referred to therein. It is with great regret that I have now to observe, that instead of promoting His Majesty's Service by speedy Compliance with the requests contained in my letter of the 8th Inst., arising out of the Circumstance of the Colonial Brig, Governor Macquarie, having been fired into and taken possession of by some of the Officers Seamen and Marines of His Majesty's Sloop of War Samarang under your Command, You attempt to justify the injuries Complained of, and even avow them to have been Committed by your own direct Authority. You may rest assured, Sir, I am not so unacquainted with my cwn duty and authority as to attempt the assumption of a 1813. 14 Aug. determined Command over any of H.M. Ships on the High Seas, or even in Harbours: but I shall maintain that I am bound by my duty to endeavour to prevent such Ships injuring or interrupting Macquarie the Commerce of this Port and Territory, and to protect the to protect property and Lives of H.M. Subjects under my Government, commerce. from such violent and wanton abuse of Power, as that now alluded to. colonial Case's conduct. Whilst you are so tenacious of your power and privileges afloat, it becomes equally incumbent on me to assert and maintain My Authority and privileges on Shore, which you have in various instances presumed to insult and usurp. Such, for Irregularity of instance has been Your Conduct in the impressing free Inhabitants on Shore without having obtained any Sanction from Me, whilst it is well known that the Law requires such Authority to be first obtained in all British Settlements. I am further to observe that Your having a Guard of Marines on Shore without my authority is highly irregular and improper, And I now direct you to withdraw the said Guard as soon as possible. Any improper Act which it may, after this intimation, commit on Shore will be punished as the Civil or Military Law prescribes on Shore. submitted to authorities in The advice, you have favoured me with, to make my Com- Reports to be plaints to the Lords Commissioners of the Admiralty and to His Majesty's Ministers, I shall certainly be ruled by, and lay before England. those Authorities a full Statement of Your Conduct since your first arrival in this Harbour, and I doubt not that their Lordships the Commissioners of the Admiralty will deem it expedient to call you publicly to account for your insulting Conduct to this Government and for the arbitrary measures you have pursued in the interruption and injury of the Trade and Commerce of this Port, and of the general tranquillity and Peace of the Settlement. recourse at law. Mr. Blaxcell, the Owner of the Colonial Brig Governor Mac- Blaxcell's quarie, will of course have his remedy at Law for your illegal seizure and detention of that Vessel, which will, no doubt, be ample in proportion to the injury he has sustained. In Your letter of the 9th Inst., now under review, you in- Illiberal sinuate that H.M. Service has been delayed and injured in made by Case. imputations respect to the repairs of the Samarang Sloop of War. If, Sir, you mean to impute such delay and injury to this Government, the Accusation is as unjust as it is illiberal. You must be conscious that every assistance has been afforded you in Stores and Workmen, that the resources of this Government could supply, unless you expected that an entire Stop should have been put to 1813. 14 Aug. Precautions against desertions from the Samarang. the Government Public Works If such were your expectations they were unreasonable, for I cannot One Moment consider their progress of less importance than the repair of an Old, decayed Sloop of War, which had been several Months ago Condemned as unfit for H.M. Service, and by your own Authority. Orders are issued to the Store Keeper to deliver you the Powder belonging to the Samarang whenever you may chuse to send for it; and the necessary instructions have been given to the Police Department for the apprehension of the Deserters from that Vessel, wherever they may be found. The description of the Deserter, enclosed in your letter of the 9th Inst. is also sent to the Police Department. The Guards at the Out-Posts having standing Orders to prevent the embarkation of persons of any description whatever, at Botany Bay or at any other part of the Colony without My permission, there need be little apprehension of the Deserters from the Samarang effecting their escape by those Means. I have, &c., L. MACQUARIE, Govr. in Chief of N. South Wales. 16 Aug. Defeat of the French under Marshal Soult. UNDER SECRETARY GOULBURN TO GOVERNOR MACQUARIE. (A circular despatch per transport Windham; acknowledged by Governor Macquarie to Earl Bathurst, 28th April, 1814.) Downing Street, 16th August, 1813. Sir, I have Lord Bathurst's directions to transmit to you a Gazette Extraordinary, Published this day, containing an Account of a Victory obtained over the French Army, Commanded by Marshal Soult, by the Combined British, Portuguese and Spanish Troops under the Command of Field Marshal the Marquis of Wellington, near Pampluna, the Engagement having continued from the 25th July to the 2d of August. I have, &c., HENRY GOULBURN. Transmission of Sydney Gazettes. GOVERNOR MACQUARIE TO EARL BATHURST. (Despatch marked No. 9 of 1813," per whaler Phoenix.) *Note 1. L. MACQUARIE. |