But the quarrelsome propensities of the corps did not die
out in 1802. Lieut. Hobby and Ensign Bayley were
severally tried by court-martial in Feb. 1803.
Although at that time the seditious behaviour of Irish convicts at the Hawkesbury required two officers and fifteen men to be detached to strengthen the guard there, the hearts of the corps were implacable. Captain Kemp was before the court. Dr. Harris officiated as Military Deputy Judge-Advocate and was prosecuting for the Crown. The court put Harris under arrest when the prisoner was commencing his defence. At the request of Major Johnston, King ordered a court-martial upon Harris, but he declined to appoint another Judge-Advocate to finish the trial of Kemp (although pressed to do so) until he had, by public General Order, summoned, under his commission, to his aid and assistance, Col. Paterson; Captn. Kent, of H.M.S. Buffalo; Atkins, Deputy Judge-Advocate of the colony; Palmer, the Commissary-General; the Rev. S. Marsden; and Jamison, the Acting Principal Surgeon, to advise with him. Finding the majority opposed to his views, and not willing to detain His Majesty's ships, or call in officers from out-stations, King yielded to the majority, and appointed Atkins Deputy Judge-Advocate for the remainder of the court-martial upon Kemp. The charge against Harris broke down.
The courts-martial being concluded, King, on the ground of his being prosecutor, referred to England the decision upon some of the sentences, one of which related to Ensign. Bayley, charged with striking a convict. The court had refused to inquire into the facts. Pending His Majesty's pleasure on this avoidance, King ordered Bayley to return to his duty. Meantime he devised a method to protect the convicts. Finding himself trifled with by courts-martial, he removed their jurisdiction by a General Order. He suspended (8th March 1803) so much of the local Orders as caused military persons, beating their assigned servants, to be tried by court-martial.
But persons of every description within this territory and its dependencies can have redress for assaults and every other misdemeanour by action or indictment before the Civil or Criminal Courts to which they will in future resort. And it is to be clearly understood that any persons
