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457 Protest Of JOHNSTON TO CASTLEREAGH. 457 Colony in the way I thought most likely to draw forth the desired 1808. information; but in this attempt I was also entirely disappointed by their answer. Mr. Harris being incapable of taking home my Despatches, I Minchin to have selected Lieut. Minchin for that Service, as an Officer who is to England. well acquainted with the violence, Oppression, and Tyranny of Gov'r Bligh, and from his perfect knowledge of the present state of the Colony, altogether as well qualified as Mr. Harris to give Your Lordship any information that may be required. The most serious difficulty I have now to surmount is the want w»nt of a of an Officer to Act as Judge-Advocate, and as it is of great importance to the Welfare and Peace of the Settlement that the Office should be filled by a person of Talents and integrity, I shall, if it be possible, forbear from appointing anyone until the arrival of Lieut.-Colonel Foveaux, who, it is to be hoped, may bring an Officer of that description, to whom a temporary appointment might not be unacceptable. It has been a subject of serious regret that I have not been Duplicates of able, by every exertion, to get the Papers Copied which are referred to in my Duplicate Despatch A; but I hope the safe arrival of the Originals will make them unnecessary. I propose to forward complete Triplicates by the Rose, a Triplicates to private Ship, that I am informed Sails for England in a Month, ^transmitted. and by that conveyance I shall transmit Returns of the state of this and the other Settlements. I have, &c, GEO. JOHNSTON. [Enclosure No. 1.] PR THE PROTEST OF JOHN BLAXLAND. Protest of John Blaxland. NEW SOUTH WALES. BY THIS PUBLIC INSTRUMENT OF PROTEST, Be it known unto all Men who shall see these Presents that on the Twenty sixth Day of March in the Year of Our Lord One Thou­ sand Eight Hundred and Eight, Before me Charles Grimes Esqre., His Majesty's Acting Judge Advocate and Notary Public for this Territory, personally appeared John Blaxland Esqre. part and managing Owner of the Ship Brothers, of the Port of London, whilst in this Port, who claimeth a Right on Behalf of himself and his Partners in England, and all other Parties and Persons concerned, or that it may in any wise concern to protest, and DOTH accordingly on Behalf of himself and the other Owners of the said Ship, or all and every or any others it may in any wise concern, solemnly PROTEST against Mr. Oliver Russell, Master of the said Ship, now riding at Anchor in Sydney Cove Port 458 HISTORICAL RECORDS OF AUSTRALIA. 1808. Jackson in this Territory, with a Cargo of Thirty Eight Thou- CKApri. gan<j £ng Salted Fur Seal Skins on Board her, of the reputed ^Blaxland. Value of Thirty Thousand Pounds Sterling and upwards, together with the said Ship underwrote for the Sum of Seven Thousand Five Hundred and Fifty Pounds Sterling for the Voyage, and against all or any other Person or Persons that may in any wise appear liable for any Damages or any Part thereof, by reason of his or their interfering or unlawfully refusing to interfere, or in any wise advising or aiding the said Oliver Russell that may have in any wise effected, or that may in any wise hereafter effect the said Ship and Cargo, or Deponent, or the other Owners, or any Person or Persons in any wise interested directly or indirectly, touching the Premises, Now be it known to all whom it may concern or appertain in any wise that the said Oliver Russell has been guilty of innumerable Acts of sufficient Conse­ quence to justify Deponent on Behalf of himself and his Partners, to supersede him in the Command of the said Ship, and to cause him to be conveyed to England to answer for such Acts, and for that Purpose, Deponent on the second Day of this Instant March, wrote to the said Oliver Russell a Letter, requiring him to give up the Command of the said Ship, on the pain of being prose­ cuted on the Charges therein stated, and at that Time known to Deponent, as will appear by Papers No. 1 and 2 accompanying this Protest—The said Oliver Russel having persisted, and still persists in keeping Command of the said Ship, necessitated Deponent to apply to His Honor the Lieut. Governor of this Territory for legal Authority to supersede and bring to Justice the said Oliver Russell, as by attested Copies (regularly num­ bered) of a Correspondence between the said Deponent and John McArthur Esqre. called Colonial Secretary, will appear— amongst which Papers and Documents No. 8 it will appear, that Deponent brought some of the said Charges before Thomas Jamison, John Harris, William Minchin Esquires and Captain James Symmonds all Commissioned Magistrates in this Terri­ tory, not being allowed to adduce Evidence in Support of all the Charges exhibited—but Deponent conceiving that the Law ex­ tended, and that there were Courts competent to try any Offences whether committed in this Territory or elsewhere, did a second time petition His Honor The Lieutenant Governor, as will appeaT by Paper No. 9 and wherein Deponent pointed out, that it was possible for him to bring Charges before a Civil Court for the Reasons therein stated; and from the Answer received to that Petition Deponent made Application to Charles Grimes Esqre. Acting Judge Advocate as Law Officer of this Colony, as will appear by Papers Nos. 20 and 21. JOHNSTON TO CASTLEREAGH. 459 And Deponent further declares, that the said Oliver Russel isos. has been Guilty of various Acts, which come under the Appella- —"' e tion of Barratry, as stated in the accompanying Correspondence, j£h„ Biaxiand. together with the several Matters and Things herein after men­ tioned Viz. 1st. That the said Oliver Russell has since his arrival in this Colony, altered the Log Book of the said Ship, respecting the Transactions on Board the said Ship at the Cape of Good Hope. 2nd. That the said Oliver Russell has disobeyed the Instruc­ tions given him for his proceeding during his Sealing Voyage, greatly to the Injury of the Owners; particularly by running to Norfolk Island and incurring an unnecessary Expense instead of returning to Port Jackson. 3rd. That the said Oliver Russell in open Defiance of De­ ponent threatened to draw Bills on the Keel of the said Ship to settle his own Accounts, as will appear by Copies of Papers marked alphabetically from Letter A. to P. 4th. That the said Oliver Russell has refused a Passage in the said Ship to one of the Officers belonging to the Concern, by which an unnecessary Expense must be incurred to the Owners, giving for his Reason " that the Person he refused was a Prin­ cipal Evidence against him." 5th. That the said Oliver Russell has threatened to injure Deponent in his Concern, in the said Ship, to the Amount of Four or Five Hundred Pounds Sterling, to do which according to the Share Deponent holds, he must at least incur an unnecessary ' Expense to the said Ship of Fourteen or Fifteen Hundred Pounds Sterling. 6th. That the said Oliver Russell has traduced Deponent's Character at Norfolk Island. 7th. That the said Oliver Russell has refused to take Two Thousand Seal Skins on Board the said Ship, belonging to the Schooner Antipode; after having requested a Survey to be taken by Proper Persons to ascertain if the said Ship was fit to carry them, and the Report was made that she was fit. 8th. That the said Oliver Russell when Deponent went on Board the said Ship accompanied by his Carpenter to settle about his Accommodation on His Passage to England, as he thinks it necessary to go for the Protection of his Property, the said Oliver Russell insulted him, and threatened to put him in Irons during the Passage, and even at that time to turn him over me side of the Ship, and since has made a false Accusation on Oath to bring Deponent to a Criminal Trial, and positively 460 HISTORICAL RECORDS OF AUSTRALIA. 1808. refused to receive him on Board but as a Passenger, and not —EI1' even as such unless he paid him down the Sum of Two Hundred JohnBiaxiand P°unds Sterling for his Passage, and then to ship as a Passenger only. 9th. That the said Oliver Russell did on his Return to this Port from his Sealing Voyage make a false Return of the Provisions on Board the said Ship. 10th. That the said Oliver Russell during his Sealing Voyage put his Chief Officer under an Arrest, without reporting it to Deponent on his Arrival, or bringing him to Trial according to his Articles. 11th. That the said Oliver Russell in open Defiance of Deponent's Orders, declared he will ship a second Officer, who has been turned out of the Ship City of Edinburgh now lying in this Cove for bad Conduct, and further declared that he will carry his late Chief Officer home in Irons. And from all the aforesaid Reasons, and various Circumstances Deponent DOTH most solemnly PROTEST against the said Oliver Russell proceeding to England or elsewhere in the said Ship Brothers as Master, in which Ship as Managing Owner in this Colony Deponent is so materially concerned; and against the said John McArthur Esqre. for in any wise interfering, in offering to advance the said Oliver Russell Money, and as he has declared given him the best of Advice, who at that Time was officially corresponding with Deponent and against all and every Person or Persons it may in any wise concern, reserving to him­ self or any of the Parties interested or concerned, the Power and Privilege of a Free Subject of His Majesty's Dominions to take such Means to obtain Relief and Redress in the Premises as he they or any of them shall be directed and advised by Counsel learned in the Law for that Purpose and doth hereby present this Instrument declaratory of his Intent and Purpose to the said Charles Grimes Esqre.
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