And the indignant Macarthur in due lime went to England, and weh therefore absent from the colony during the stirring time of the insiu'rection of 1804. He sailed by way of India. McKellar was sent with Macarthur's sword, and with despatcheSj by another conveyance. Paterson and King considered that McKellar's testimony would be requii*ed in England, There was a court-martial on Piper on a tdiarge of breaking hii^ word of honour by coming out of arrest under the order of 2lBt Sept. and not keeping his word afterwards. The coxirt^ composed of Jiis brother-officer s, actpiitted him. King asked for their reasons, which they dechiied to give. Ivuig told the Secretary of State that, being liimself l>roBecutor, he would decide nothing in such a case, but submitted it for His Majesty's consideration, *' confident of experiencing that justice which may be deemed admis- sible in support of the situation I have the honour to liold." The Judge-Advocate-General (Dee. 1802) replied that as the com't had adhered to its decision^ Piper was *' entitled to the benefit of acquittal.*' His Majesty did not doubt that the *' decision was the result of an impartial judgment," but as no ground was stated for it, could only gather that a letter of apology from Piper, and his being allow^ed to do duty in the regiment, had influenced the court. His Majesty thought it proper that this should be understood, as there was '* very little doubt upon the whole that a pai't of Captam Piper's conduct was open to blame, nor did the line of defence which he adojited seem calculated to help his cause." His Majesty's decision was to be communi- cated to all the military, but w^as not directed to be
- declared in Pub he Orders/' Distance weakened the arm
of the War Office, or it is improbable that it w^ould have issued a decision calculated to palsy authority in the colony, and which J being kept from public view, lost any virtue con- tained in the implied censure of the verdict of tVie court. bisubordination against the civil authority and jjartiality of the officers to their own corps were fomented by the course adoi)ted. Macarthur %vrote from England to con- gratulate Piper (9th Nov. 180B) on the fact that the
- ' tyrant has not been able to fix liis fangs upon you, hi
the same letter he animadverted upon McKellar as an
