by John Marshall

“ Though the reputation of a British naval officer is the pride and best possession of his life, yet I cannot feel insensible, also, to the affectionate anxiety of relatives, whose lives have also been entirely devoted to the service, nor to the kind solicitude of all who know me. ”

“ So satisfied were the Lords of the Admiralty of the correctness of Lieutenant Kent’s conduct, that they not only directed him to be paid as commander of the Porpoise, during the whole period of his confinement, although Captain Porteous was also paid, but they also noted his name for promotion. From the long and rigorous imprisonment he had undergone, however, his health was not sufficiently re-established for active service, until April, 1812, when he applied for employment, and was immediately appointed to the Union, 98, fitting out for the Mediterranean station. ”

“ Notwithstanding the orders you have received from Captain Bligh, to prepare the Porpoise to convey him to England, I presume the copy of his letter that I inclosed on the 17th inst. will have convinced you that be has no intention of leaving this colony; and I persuade myself, that your zeal for the public service will induce you to concur with me in the adoption of such measures for the future employment of His Majesty’s ship now under your command, as the necessities of the dependent settlements may require. ”

“ On the 13th of August, 1806, Commodore William Bligh, then just arrived from England, read his commission, and superseded Governor King in the command of New South Wales and its dependencies. In January, 1807, he appointed Mr. W. G. C. Kent, acting first lieutenant of the Porpoise Store-ship, Captain John Putland; and in May following, to the command of the colonial armed brig Lady Nelson, then about to be employed in removing the settlers from Norfolk Island to the Derwent and Port Dalrymple. ”

“ I appeal to this Court, whether this recognition of his suspension, contrasted with clandestine efforts to gain possession of his lost authority, in utter breach of his public pledge, was not calculated to destroy all my confidence in Captain Bligh, and to warrant me in requesting either written instructions, or orders in the presence of such witnesses as might hereafter be called in my vindication. ”

“ I am. Sir, &c.
(Signed) ⁠“W. Bligh.” “Lieutenant-Colonel Foveaux.”
“H.M.S. Porpoise, Sydney Cove, Port Jackson, Sept. 18, 1808. “Sir,– I cannot but express my astonishment at your having, so short a time back, permitted Commodore Bligh to have communication with His Majesty’s ship Porpoise, and to take upon himself the command of her; and in your letter of yesterday’s date to me, signify that there shall be no further communication between him and me, nor any of the officers or persons under my command. ”

“ On the 15th of April, the copy of a letter from Colonel Paterson to Lieutenant James Symons, late acting commander of the Porpoise, was transmitted to me by Lieutenant Symons, in which the colonel requests him to bring down the Porpoise to Port Dalrymple, with a supply of stores and provisions for that settlement, and to bring him up to Port Jackson, in order to his taking the government on him, during the suspension of Captain Bligh. ”

“ Colonel Foveaux will also inform the Court, that as Captain Bligh had solemnly pledged himself, on the honor of an officer, not to interfere in the affairs of the colony until His Majesty’s pleasure was known on his arrest, that he considered such an order, issuing from Captain Bligh, as a direct violation of his pledge, and therefore deemed himself at liberty to suppress it. ”

“ As to this third charge, I am at a loss how to shape my defence, as I cannot, from its language, form any accurate idea of my offence. The acting government, with the knowledge of Captain Bligh, find it expedient that His Majesty’s Ministers should be forthwith apprised of the important occurrences that had taken place in the colony. Lieutenant Symons having signified his desire to return to England, was entrusted with the government despatches, in the Rose, a merchant vessel. ”

“ Q. Between the end of July and November, when the commodore was allowed to communicate with the ships of war, did the prisoner wait on Captain Bligh, from time to time, to receive his orders? – A. He did.
“Q. If the commodore had directed you to convey to the prisoner any order, either verbal or in writing, had you the means of doing so, between the period of his taking the command of the Porpoise and his first sailing from Port Jackson in that ship? – A. Yes.
“Q. Could you, at any time, have conveyed such orders between the 26th of May and her second sailing, under the prisoner’s command? ”

“ Q. Did he receive any directions from Commodore Bligh respecting Lieutenant Symons, then or afterwards, in consequence of that letter which was read in court? – A. He did not receive any immediate directions respecting Lieutenant Symons, further than that on a letter from Lieutenant Ellison, that every officer must occupy their respective situations; and in that letter there was a copy of an order enclosed, which was given to Captain Short, to bear Lieutenant Symonds, and fourteen men on the books of the Porpoise, for the Lady Nelson tender. ”

“ I am further ordered to express the Lieut.-Governor’s great regret, that none of the ships have arrived which you appear to have expected this month; and to inform you, that, as the winter season is advancing, he considers himself obliged to hasten your departure. ”

“ Q. As you never officially communicated any orders from Captain Bligh, while under an arrest, had the prisoner sufficient reason to suppose that Captain Bligh, in his situation at that time, had given up his command, or acquiesced in his suspension, previous to the 30th of July, when com- munication was admitted ? — A. No, he could have no othe. ”