ON THE HIGH SEAS. 185 



message to the Governor by Campbell. The Governor then 

 wrote to Wylde in the following terms : 



" I have received a communication from you by Mr Secry. 

 Campbell to the effect that you and Mr. Wentworth feel your- 

 selves so fully satisfied of the accuracy of your late report . . . 

 that you do not conceive you can by any further revision be in- 

 duced to alter it, and at the same time suggesting that in the 

 present stage of the business, you can conceive that the proceed- 

 ing most proper for me to adopt would be to call on you as 

 chief Law Officer of the Crown to furnish me with your opinion 

 and advice in regard to the measures to be adopted in the further 

 prosecution of this affair." l This advice Macquarie asked for 

 and received a few days later. 2 



Wylde proposed to send the officer in command of the guard 

 and the surgeon, who held a naval commission, to England to 

 answer either before a Court-Martial or a Court of Criminal 

 Jurisdiction. To secure the due appearance of the master and 

 three mates, he proposed to take recognisances or to hypothe- 

 cate the ship. The latter course, which was the one adopted, 

 " whether ultimately valid or not, is justified by the occasion and 

 in terrorem ". In the case of the three soldiers already mentioned, 

 the ordinary course could be followed. The witnesses, he 

 thought, should enter into recognisances of ^100 each to appear 

 when called upon, except, of course, the soldiers and convicts, 

 who would simply be sent home by the Government. 



There was a possible difficulty in regard to the arrest of the 

 surgeon, but Wylde was of opinion that "whatever question 

 might be raised as to his being amenable to a Court-Martial 

 in respect of charges arising in service as a surgeon and superin- 

 tendent of a convict transport during the passage, yet in con- 

 sideration of the full and general powers of your Excellency's 

 Commission as Governor, I can only give it as my opinion that 

 your Excellency will be equally empowered and justified, upon 

 the report made, to adopt, at least in limine, the same measure 

 and proceeding as against Lieutenant Busteed " (the officer of 

 the guard) " leaving Surgeon Dewar ' to be in England proceeded 

 against and tried as the merits of his offence shall require '." 



1 Macquarie to Wylde, rgth November, 1817. R.O., MS. 



2 Wylde to Macquarie, 24th November, 1817. R.O., MS. 



