426^ MAJOR ROSS AND CAPTAIN COLLINS. 1789 there was no means of filling up the vacancy there and 2 Februaiy. then, the Criminal Court would have ceased to exist until another Judge- Advocate could be sent out from England. There was nothing to prevent Collins from accepting the offer, had he been disposed to do so ; but fortunately he Why Collins did uot. His refusal seems to furnish an explanation of w{^ alighted. _ . . ^ Boss's conduct towards him on the occasion already referred to — p. 411. Phillip saw through this proceeding at once; and although he probably had his doubts as to the Lord Howe story, he wrote on the assumption that it was a genuine one. oirer de- This offer being declined, any interference on my part was uu- him. ^ necessary ; but as a circumstance of this kind may happen in future, I beg leave to observe, that if the Judge- Advocate had accepted of the company, he must have given up the appointment of Judge- Advocate to the settlement, for he could not possibly have attended Result if to that charge, supposing he had always remained at head-quarters ; aooepted. but which could not have been the case, for the captains relieve each other every three months at Rose Hill ; therefore, if (^cers who may be sent out in civil employs are at liberty to resign the place they hold when any vacancy happens in the detachment, No CrimiDAi the colony in its present situation may lose an officer who is imme- diately necessary, and who, as in the present instance, cannot be replaced ; nor is there any officer in this settlement so absolutely necessaiy as the Judge- Advocate, who likewise acts as a Justice of Peace, and which employs a very considerable part of his time. When this circumstance is laid before Lord Sydney, I doubt not Under. ^^* ^^ lordship will see that the civil government of this colony raining the may be very materially affected by directions of such a nature ment being given to the Commandant of the detachment, and by him carried into execution without the knowledge or consent of the Governor, and which, I presume, never was intended by Lord Howe. The first information I received of any such offer being intended was from the Judge- Advocate saying that he would not accept the offer. Having regard to the state of affairs in the settlement at that time, Phillip had good reason to complain of such a proceeding as this. The Judge- Advocate being an officer in the Civil Service, any proposal for transferring him from Digitized by Google
