Page:History of Australia, Rusden 1897.djvu/275

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COURTS-MARTIAL. DR. HARRIS. CAPTAIN KEMP.
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landing of spirits. He shared the obloquy attached to doing his duty strictly. The court-martial was to decide whether Dr. Harris or Adjutant Minchin had acted with candour or told the truth.[1]

Harris was honourably acquitted, without being called upon to defend himself. King approved the sentence. Minchin was acquitted also, and King submitted the verdict for His Majesty's consideration. Settlers petitioned that Harris might be reinstated as a magistrate, and his recent prosecutor, Col. Paterson, supported them. Both the verdicts were confirmed in England.

Ensign Bayley fomented disaffection at the time of the duel between Paterson and Macarthur. In Jan. 1802 he was tried by court-martial "for disobeying an order of his Colonel to attend a meeting of civil and military officers at the Governor's;" and in Feb. 1802 "for disobedience of a General Order of 26th Dec. 1800, by repeatedly beating and horsewhipping his convict servant." For the first offence he was adjudged to be reprimanded by the Governor; for the second, to be suspended from rank and pay for three months.[2]

When Captain Kemp was compelled to apologize to the French officers, Paterson took a step which was meant to embarrass the Governor. It was known that the Irish prisoners were ever on the alert to riot or rebel, and it was thought that the Governor, in fear of losing some assistance afforded by the officers, would yield to their demands rather than lose their services.

The Governor, by ordering away spirits brought by a ship in July 1802, had given offence. The unruly at the barracks revelled in satire upon him. Seditious papers were circulated. Ensign Bayley was particularly active in their dissemination. The soreness was increased by a large reward (£200) or a free pardon offered (1st Oct.) upon conviction of alleged smugglers from the ship which had brought the spirits.

  1. Despatch, 9th Nov. 1802—King to Lord Hobart.
  2. The first sentence was deemed "lenient," but confirmed by His Majesty; the second was considered no more than adequate, but in consideration of the long period of suspense and uncertainty, and "perceiving that Ensign Bayley is now fully sensible of his misconduct," His Majesty remitted the sentence.