# Royal Naval Biography/Kent, William George Carlile

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WILLIAM GEORGE CARLILE KENT, Esq. [Commander.]
Second son of the late John Kent, Esq. Steward of the Royal Naval Hospital at Plymouth, who was appointed to that situation by Earl St. Vincent, in 1803; at which period he had served as a purser in the navy upwards of twenty years. Some genealogical particulars of his family will be given in our memoir of his eldest son. Commander Bartholomew Kent.
The subject of the present sketch is a native of Lanarkshire, N.B., and was born about the year 1788. He commenced his naval career in July, 1798, as midshipman on board le Tigre 80, commanded by Sir W. Sidney Smith, with whom we find him successively proceeding to Constantinople, the coast of Egypt, and St. Jean d’Acre. During the memorable siege of that Syrian fortress, by the French army under Napoleon Buonaparte, he appears, although so very young, to have been employed on shore; and we are told that he was with Captain Wilmot, of the Alliance 20, when that gallant officer was shot by a rifleman, whilst mounting a howitzer on the north-east angle of the town wall, April 8th, 1799.
In March, 1800, after having witnessed a variety of important operations on the Egyptian coast, Mr. W. G. C. Kent was removed to the Theseus 74, Captain John Stiles, under whom he served at the blockade of Genoa, and returned home in the month of November following. He then joined the Atlas 98, Captain (afterwards Admiral) Theophilus Jones, in which ship, attached to the Channel fleet, he continued until Jan. 1802. He shortly afterwards sailed for the East Indies and New South Wales, in the Buffalo store-ship, commanded by his uncle. Captain William Kent; and if we mistake not, he received an order from Governor ​Phillip Gidley King, to act as lieutenant of the same vessel, in Oct. 1805. His first commission, however, was not signed by the Admiralty until May 17th, 1809.
On the 13th of August, 1806, Commodore William Bligh, then just arrived from England, read his commission, and superseded Governor King in the command of New South Wales and its dependencies.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. His subsequent conduct towards this young officer will be seen by the following minutes of a court martial assembled on board H. M.S. Gladiator, at Portsmouth, in Jan. 1811:–
“The Admiralty order for assembling the court-martial, dated the 31st Dec. 1810, being read, and the members sworn in, the Court proceeded upon the trial of Lieutenant William George Carlile Kent, late acting commander of H.M. ship the Porpoise, and senior officer in the command of H.M. ships and vessels on the coast of New South Wales, during the suspension of Captain William Bligh, late governor of that territory, and commodore commanding H.M. ships and vessels there, on the following charges exhibited against him by the said Captain William Bligh.
“charges.
“First, That the said William Bligh having, on the 29th day of March, 1808, while such senior officer, given the said Lieutenant William Kent a commission, or order, appointing him acting commander of His Majesty’s ship the Porpoise, in pursuance of which he took the command of the said ship; the said Lieutenant Kent did, on or about the 19th day of April, 1808, without any order from the said William Bligh, who was then such senior officer, or any other person duly authorized to give such order, sail, with the said ship from Port Jackson, where she was then lying, and quitted his station there.
“Second, That the said Lieutenant Kent, having returned with the said ship to Port Jackson, and received a written order from the said W. Bligh, then being such senior officer, dated on or about the 30th day of July, 1808, to hoist and wear his broad pendant on board His Majesty’s ship Porpoise, he did, on or about the 1st day of November, 1808, without any order from the said William Bligh, who was then such commodore and senior officer, strike such pendant, and again sail from the said port with the said ship, and quitted his station there. The said Lieutenant Kent, on the several occasions mentioned in this and the preceding article, acting ​not only without the order of the said William Bligh, but in concert with, and under the order of, the persons who had with the knowledge of the said Lieutenant Kent, illegally and by force dispossessed the said William Bligh of the government of New South Wales, whereto he had been appointed by His Majesty, and usurped the government of the colony, and who then kept the person of the said William Bligh in a state of illegal confinement at Port Jackson.
“Third, That Lieutenant James Symons, who had the command of the Lady Nelson tender, and was borne on the books of the Porpoise, having been, on or about the 1st of September, 1808, ordered by the said Lieutenant Kent, then commanding the said ship Porpoise (in pursuance of directions from the said William Bligh), to join the Lady Nelson, and not having obeyed such order, but in disobedience thereto having, on or about the 13th day of April, 1808, without any authority discharged himself from and quitted the King’s service, the said Lieutenant Kent being apprized thereof, did not do his endeavour to apprehend and bring to punishment the said Lieutenant James Symons for his said offence, but neglected to do so, and permitted him to sail from Port Jackson to England, with despatches from the persons who had so usurped the government of the colony.
(Signed)“Wm. Bligh.”
“The above charges, as also Captain Bligh’s order to command the Porpoise, as senior captain, and an order from him to hoist and wear a broad pendant, being read, the prosecutor proceeded to produce evidence in support of the charges.
“Mr. Edmund Griffin, Secretary to Captain Bligh, called in and sworn.
“Q. What situation did you hold in New South Wales? – A. Secretary to Governor Bligh, and as commodore also.
“Q. At what period, and by whom, was I dispossessed of my government? – A. By Colonel Johnstone, on the 26th of January, 1808.
“Q. Lieutenant Kent was then absent from Sydney on service? – A. He was.
“Q. How soon did he return, and call on me? – A. To the best of my recollection, on the 29th March, 1808.
“Q. Did I then communicate to him my situation, and give him any directions or not, respecting the mooring of His Majesty’s ship Porpoise? – A. Governor Bligh did communicate in my presence his then situation, and directed Lieutenant Kent to go on board the Lady Nelson (tender to the Porpoise) and take care to do his duty. There was a conversation at the time on the subject.
“Q. Did I then tell him he was not to obey any orders but those he received from me? – A. Yes.
“Q. What answer did he make? – A. He said he was perfectly sensible he could not obey any orders but those of Governor Bligh, as commodore, or to that effect.
​“Q. Did I afterward send him an order, appointing him commander of the Porpoise? – A. Yes; it was sent to Major Johnstone for that purpose. He refused to deliver it, unless Governor Bligh would agree to certain terms.
“Q. Do you know from Mr. Kent whether he received it? – A. I cannot charge my recollection. I think he did, on the next day after his taking the command.
“Q. Did I not refuse to accede to the terms of Major Johnstone ? – A. Yes.
“Q. Did Mr. Kent, in fact, take the command of the ship ? – A. The ship was down the harbour. He certainly did take the command on the 13th of April, 1808.
“Q. Is this a copy of his commission? – A. Yes.
[Order to command the Porpoise read, and admitted by the Prisoner.]
“Q. Was the ship then stationed at Port Jackson? – A. Yes.
“Q. Did Lieutenant Kent afterwards, on the 19th of April, sail and quit that station ? – A. She was half-way down the harbour, and not there next day.
“Q. Had he any order from me for that purpose? – A. No, not to my knowledge.
“Q. In your situation as secretary, must you, or must you not, have known it, if he had? – A. Certainly I should.
“Q. Have you, or have you not, heard from Mr. Kent that he had no order from me ? – A. I know, from conversation, he had no order from Governor Bligh.
On the Second Charge.
“Q. Did you, on the 30th of July, deliver to Lieutenant Kent an order to hoist and wear my broad pendant? – A. An order was made out on that day. I cannot recollect whether it was delivered to him or not; or whether it was sent. I think the latter.
“Is this the order? – A. It is a copy of it.
[Order read: the Prisoner admitted it to be a true copy.]
“Q. Did he hoist the pendant in pursuance of the order? – A. It was flying at the time on board the Porpoise, on his return from Port Dulrymple, on the 26th of May, 1808. I went down the harbour in a boat, and saw the pendant flying.
“Q. Did Lieutenant Kent, at or about the 1st of November, again sail from Port Jackson, and quit his station there? – A. He did.
“Had he any order from me for that purpose ? – A. No.
“Q. Do you know, when the Porpoise sailed, whether the pendant, was flying or struck? – A. The broad pendant was flying when I last saw her; the ship was under weigh at the time; I saw her from Sydney Cove. It is customary to drop down the harbour a day or two before they sail.
“Q. Was it hoisted on board of any other ship, after the Porpoise sailed? – A . No.
On the Third Charge.
“Q. Is the signature to that letter Mr. Kent’s hand-writing? – A. To the best of my recollection it is. – Letter read; admitted correct, as also the following:
“H.M.S. Porpoise, Sydney Cove, Sept. 3, 1808.
“Sir,– I have the honor to enclose you a copy of my letter to Mr James Symons, together with his answer, wherein he refers me to the ship’s books for his discharge; he is discharged from the Lady Nelson’s books into those of His Majesty’s ship Porpoise; but it was by his own order; and on the Porpoise’s books he is discharged, superseded.
“I therefore beg you will be pleased to give me such instructions, as you may judge proper on the occasion, that Lieutenant Ellison may get proper receipts for the stores, that he may join His Majesty’s ship Porpoise. I have the honor to remain. Sir, your most obedient Servant,
(Signed)“W. G. C. Kent.”
“To Commodore Bligh, &c.”
“Sydney, September 1, 1808.
“Sir,– I have to acknowledge the receipt of your letter of this day’s date, and beg leave to refer you to the books of His Majesty’s ship Porpoise, where you will see that I am discharged from His Majesty’s armed tender Lady Nelson, and likewise His Majesty’s ship Porpoise.
“I have further to acquaint you that I have engaged to take His Honour Lieutenant-Governor Foveaux’s despatches to England, and shall be happy to carry any you may have to send to the Admiralty. I have the honor to be, &c.
(Signed)“J. Symons.”
“W. Kent, Esq. Commander of H.M.S. Porpoise.”
“Government House, Sydney, Sept. 3, 1808.
“Sir,– In answer to your letter of this day’s date, I am commanded by his Excellency Commodore Bligh, to refer you to his of the 31st ult. in addition to which I am ordered to inform you, that he has given no order for the discharge of any officer, seaman, or marine, since the 27th of May, 1807; and his Excellency directs me to observe, that the management of the ship’s books, and interior management of the ship, you are accountable for to the Right Honorable the Lords Commissioners of the Admiralty. I am. Sir, &c.
(Signed)“Edmund Griffin.”
“W. Kent, Esq. &c.”
“Q. Was any order given by me to discharge Lieutenant Symons? – A. No.
“Q. How long did Lieutenant Symons remain at Sydney, before he sailed for England? – A. I think it was in the middle of September, in a ​ship called the Rose: I think the 15th. I was on board the ship the day she sailed, and saw him on board.
“Q. Did you, at any time after Lieutenant Symons had discharged himself from the service, see him and Lieutenant Kent together? – A. I am not certain, after the 3d of September, but it was after Lieutenant Kent had taken the command of the ship.
“Q. Was it after the day on which Mr. Symons is entered as discharged? – A. Ves it was.
“Q. Do you know of any measure used by Lieutenant Kent to apprehend Lieutenant Symons, and bring him to trial for so discharging himself? – A. No.
Questions by the Court.
“Q. When the Porpoise returned, was the broad pendant then flying? – A. I cannot say, because the ship brought to, a little way within the heads, at eight miles from Sydney; and there. Captain Porteous took command of her, by commission from the Admiralty. I saw Captain Porteous’s commission.
“Q. Do you know if Lieutenant Kent waited on Commodore Bligh on his return? – A. No, he did not: Capt. Porteous put him in arrest, on his going on board after his second arrival.
“Q. Did Commodore Bligh acknowledge any orders, by writing, or by book? – A. I do not recollect any particular order to that effect; it was sometimes one way, sometimes another.
“Q. At the time of the Porpoise sailing the first and second time, was the Porpoise hindered communicating with the commodore? – A. I cannot speak positively as to Lieutenant Kent being prevented; but Governor Bligh had threatening letters both from Major Johnstone and Colonel Foveaux, in case he communicated with the officers of the Porpoise.
“Q. Had the prisoner attempted to communicate with the commodore, would he have been prevented access to him? – A. He did wait once on the commodore. I saw him, but the commodore did not. After he had taken the command the commodore was fearful of seeing him, in consequence of those threats. When Colonel Foveaux arrived, on the 30th of July, he allowed communication until the beginning of September, or latter end of August; during which time. Lieutenant Kent repeatedly waited on him on various occasions: I think it was September.
“Q. Could the prisoner at all times have communication with the commodore through you, the secretary? – A. No, he could not, on account of those threats. I frequently saw Lieutenant Kent, and was desired to impress on his mind, not to sail without his orders; but I never took it as orders from Governor Bligh, fearful what the consequence would be.
“Q. Did the prisoner supersede Lieutenant Symons in the Porpoise? – A. Yes.
“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.
“Q. Was that subsequent to the 3d of September? – A. There was another letter from Governor Bligh, (from me,) to Lieutenant Kent, referring him to a former letter, and stating that he had given no orders for the discharges, from a certain date, which I do not recollect.
“Q. Had the Porpoise the means of arresting Lieutenant Symons, as a deserter from the service, at any time? – A. I cannot speak positively as to that. There was a guard of soldiers went out on board the ship he went in; they did not quit the ship till she cleared the Heads, after I did. As to the shore. Lieutenant Symons was at liberty; I frequently saw him walking about.
“Q. What was the guard on board the merchant ship for? – A. I do not know.
“Q. In conversation you had with the prisoner, did he ever tell you, with whom he was acting in concert, in proceeding to sea without orders from his commanding officer? – A. He told me, after his arrival the first lime, he went in consequence of a letter from Colonel Paterson to Lieutenant Symons, who was then at Port Dalrymple.
“Q. He did not tell you the second time? – A. No.
“Q. Do you know if Captain Porteous waited on Commodore Bligh, and had his sanction to take the command of the Porpoise? – A. Yes, I do.
[Witness retired, but was called in again by Prosecutor.]
“Q. At the time the Porpoise was prevented from communicating with me, did he associate with the parties that kept me in confinement? – A. Yes, he did.
[The prosecutor then called for the ship’s books. The prisoner admitted the correctness of the monthly book, and the discharges extracted from it. By the book it appeared that Lieutenant Symons had been paid by bill and compensation, as an acting commander.]
“Here the prosecutor closed his evidence in support of the charges, by delivering in the following paper, which was read.
“Mr. President, and Gentlemen, – Taking it for granted that the Court will not think it right to enquire into the propriety or impropriety of the dispossessing me of the civil government of New South Wales, as that ​is to be made the subject of investigation before another tribunal; and the Lords Commissioners of the Admiralty having directed me, in forming the charges on the present occasion, to confine myself to those points which were in breach of the naval articles of war, I have no further evidence to trouble the Court with. Should, however, the prisoner put his defence upon that ground, and the Court think it right to enter into the inquiry, they will, I trust, hereafter permit me to call witnesses in answer to any charges which may be attempted tu be established against me, in justification of that measure. Until I hear what they are, it is impossible I can answer them; and to enter, by anticipation, into a general history of my government, would, I apprehend, be an unnecessary waste of the time of the Court.
(Signed)“William Bligh.”
“The Court was then cleared, and after being re-opened, the Judge Advocate pronounced their decision, ‘That they could not hear any matter respecting the dispossessing Captain Bligh of the government, either on the part of the prosecutor or prisoner.’
“Lieutenant Kent then requested that the Court would be pleased to allow him till next day to prepare his defence, which being complied with, the Court adjourned till nine o’clock next morning.
SECOND DAY. WEDNESDAY, JANUARY, 9, 1811.
“The Court having again met. Lieutenant Kent addressed the Court, and afterwards produced the following evidence and documentary proof to repel the charges:
defence.
“Mr. President, and Gentlemen of this Honourable Court, – Such have been my sufferings for two years past, from the unrelenting conduct of the prosecutor towards me, that this day of trial is become a source of inexpressible happiness.
“In general, to be arraigned as a prisoner on charges like the present, is an afflicting event to a British naval officer, yet such has been the treatment it has been my hard lot to experience, that my feelings as an accused prisoner are almost forgotten in the cheerful confidence I repose in this Honorable Court, to whom I shall humbly submit a narrative, which I trust, I am not too sanguine in believing will ensure me the favourable decision of this Court, vindicate a character unfoundedly aspersed, and restore me to the best enjoyment of a British officer, – the good opinion of my profession. If I am obliged, by the nature of my defence, to utter sentiments that in most cases would seem a departure from that high respect which is due to a superior officer, I feel persuaded that this Honorable Court will ascribe my observations to the necessity of the case, ​created by the conduct of my prosecutor, and acquit me of the slightest intention of disrespect to the principles of subordination, or the most remote wish unnecessarily to wound the feelings even of my accuser.
“Before I proceed to answer specifically the charges now exhibited against me by Captain Bligh, it is proper for me to state to this Honorable Court, that in November last, when the Lords Commissioners of the Admiralty gave directions for my being released from a confinement to the ship of nearly two years, I most urgently solicited their lordships would be pleased to direct Captain Bligh to exhibit his charges against me, that my conduct might be investigated at a court-martial. This request was made on the 19th of November last, as appears from my letter to the Secretary of the Admiralty, which I shall have the honour to lay before you at the close of my defence, it being transmitted to the Judge Advocate, duly authenticated. On the 4th of December only, (being fifteen days subsequent to my application) Captain Bligh applied for a court-martial, to try me on the three several charges now before this Court.
“I do not mean to state that the disposition and spirit of my prosecutor did not lead him to accuse me, but I hope it may be fairly inferred from the reluctance he has shewn to bring forward the charges since my arrival in England, that some motives and apprehensions existed in his mind, which strongly inclined him to doubt the result of this day’s investigation; and that he rather wished (had I been so inclined) that his oppression and my long sufferings should be sunk in oblivion.
“It is due to myself, to mention to the Court, that I have repeatedly made respectful application to my prosecutor (before my arrival in England,) to be informed of the nature and extent of the supposed offences for which I was a close prisoner. I strengthened my application by urging the real grounds of it; namely, a desire to furnish myself, if necessary, with evidence from New South Wales, to repel any charges that might be adduced against me. I ventured to hope, that such an appeal to the honor and justice of a British naval officer would have experienced an ingenuous and generous reply; but my request met a different fate. The treatment I received was consistent with the severity that I have in every other instance experienced from him. My respectful application was made a mockery to my sufferings, by an answer, ‘That I might refer myself to the 3d article of chapter 2d, section 12th, of the Naval Instructions.’ I need not tell this Honourable Court, that the clause alluded to merely enacts, that it is compulsory on the officer who shall preside at a court-martial, ‘to take care that a copy of the charge or complaint be delivered to the person accused, as soon as may be, after he shall have received the order to hold such court-martial, and not less than twenty-four hours before the trial.’ This, the Court is aware, is only a precaution that no surprise, accident, or collusion, may prevent the prisoner from receiving an official copy of the charges on which he is to be tried.
“In many cases, it would be utterly impossible, from the nature of the ​charges, and the evidence required, to prepare for trial in twenty-four hours, or in as many days. The Court well knows that it is a debt due to honor, to justice, and to liberality, that when charges of so serious a nature have been determined to be preferred, that the nature and extent of those charges should be furnished, on a respectful application. In my case, where it was necessary that I should draw the chief of my witnesses and documents from New South Wales, I trust the Court will deem it unusually oppressive, to deny me a knowledge of my alledged offences. Fortune, however, has supplied me with those means of defence, of which the severity of my prosecutor would have deprived me. Colonel Foveaux, Colonel Johnstone, and others of my evidence, have arrived in England, and are now in attendance here.
“I mention this fact, only to manifest to the Court, that I have been persecuted with an enmity that no offence could authorise, and, I have too great reason to believe, from motives that have little connection with the good of His Majesty’s service.
“Having made these general observations, I shall now proceed to answer the charges in the order they stand, and I beg the Judge Advocate will have the goodness to read the first charge.
[The first charge was read.]
“On the 29th of March, 1808, I arrived in Port Jackson from Norfolk Island and the Derwent, whither I had been previously despatched in the Lady Nelson, by Captain Bligh. On my anchoring I was informed, by a message, that he had been suspended from his functions, as governor, by Major Johnstone, the commanding officer of the New South Wales corps. I was, at the same time, acquainted, that it was expected I would not attempt to hold any communication with him.
“As I had no connection with the superior military officer, and acknowledged no authority but that of Captain Bligh, I asserted it to be my duty to deliver to him the answers from Norfolk Island, &c. to the despatches which he had entrusted to my care, previous to the event of his being deprived of his authority. I accordingly landed in the Cove, and walked up to Government-House, with the papers in my hand.
“Being shewn into the parlour where Captain Bligh was, I found him unaccompanied by any other person than a lady by the name of Palmer. I then informed him, that as he had given me the despatches, I considered it to be my duty to deliver the answers to him, and him alone. The Court may judge of my surprise when Captain Bligh refused to take them, and said, ‘Mr. Kent, you have done your duty, but I cannot receive them, you must take them to Major Johnstone, as I have pledged my word of honor to him, as an officer and a gentleman, that I will not have any communication with any of the officers or men of His Majesty’s ship the Porpoise, or assume any command whatever, until His Majesty’s pleasure shall be known on the subject of my arrest; having been obliged to do so, to prevent my being closely confined to my house?’
​“Thus authorised by Captain Bligh, I proceeded to Major Johnstone with the despatches, and communicated to him, by the particular desire of Captain Bligh himself, that I had been at Government-House, and what had there passed. It does not become me, perhaps, to expatiate on this occurrence. The Court will here see Captain Bligh declining all authority or power, both as governor of the colony, and commander of His Majesty’s ships, under a pledge of his solemn word of honor, as an officer and a gentleman, under no compulsion (as he himself stated) but to purchase an increased personal liberty, and seeking a sort of merit of the confessed surrender of his authority, by desiring I would communicate to Major Johnstone what had transpired at my interview at Government House. The feelings which arose in my mind on that occasion will occur to every member of this Honorable Court. If Captain Bligh was unjustly deprived of his authority, the proud spirit of the navy would perhaps have expected, that he would have disdained to outlive his command, and still more, that he would have spurned to negociate for a little extension of personal liberty, by a formal recognition of his suspension, even for one hour.
“Although there be an apparent contradiction in the evidence given yesterday by Mr. Griffin, to the statement I have now the honor to make, yet I feel a perfect assurance, before the evidence I mean to produce is closed, that this Honorable Court will be convinced that the testimony of that solitary witness, is, to speak in the mildest terms of it, both inconsistent and contradictory; and that his zeal to support the cause for which he has been brought forward, has induced him to throw a weight on the one scale, evidently designed to preponderate to my prejudice.
“The subsequent conduct of Captain Bligh renders these observations a painful duty. The Court will hereafter perceive him on one day, in a solemn and formal manner, recognizing his suspension, and on another day, and in one instance, on the very same day, wantonly and dangerously asserting his authority, involving me in the most perplexing embarrassment, himself in mortifying contradiction, and, at the same time, risking the peace of the colony, by vain efforts to violate the solemn pledge he had come under, as an officer and a gentleman.
“On the 13th of April I received a letter from Major Johnstone, inclosing a commission from Captain Bligh, appointing me commander of His Majesty’s ship the Porpoise, in the place of John Putland, Esq. deceased. In that letter Major Johnstone informed me, that although he had granted Captain Bligh permission to send me this commission through his hands, the peace of the colony, and the welfare of His Majesty’s service, required that I should hold no further communication with him, either by letters or messages; and for my satisfaction and authority, he inclosed me a copy of a letter, wherein Captain Bligh solemnly pledges his word of honor as an officer, that he will not assume any command whatever until His Majesty’s pleasure is known on his supercession; and ​I beg leave to read the correspondence which can be proved by witnesses.”
We select the following from the letters read by Lieutenant Kent at this stage of the proceedings:
“Sydney, 19th March, 1808.
“Sir,– I am commanded by his Honor, the Lieutenant-Governor, to inform you, that the objections expressed in your letter of the 11th ultimo, against the Pegasus, occasioned him to defer making any conclusive agreement for the hire of that vessel, until her repairs should be completed, and he should be enabled by the report of experienced officers and ship carpenters, to form a correct opinion of her condition.
“A survey had, in consequence, been held upon her, and a favourable report has been made; but circumstances have arisen, which have induced her owner to decline freighting her to Government. The Lieutenant-Governor has directed me to enclose a copy of the order and report of survey, that you may be satisfied that he never entertained a thought of sending you home in an unsafe ship.
“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.
“You are aware. Sir, that the choice of means to carry this measure into effect, is extremely circumscribed, and that there is no ship in this port, on board which you and your family can be comfortably accommodated, except H.M. ship Porpoise.
“The accompanying copy of a letter to the acting-commander of H.M. ship, and that of his reply, will convince you, that there are insuperable objections to your going on-board the Porpoise, unless, at your own particular request, and under a solemn engagement, on your word of honor as an officer, that you will not attempt to assume any command; and that you will consider yourself in arrest until His Majesty’s pleasure shall be signified on your late supercession.
“On these conditions being acquiesced in, the Lieutenant-Governor has commanded me to inform you, that a requisition shall be made to acting Captain Symons, to receive you and your family on board, and to proceed to England: but should you think it proper, or prudent, to reject this arrangement, much as the Lieutenant-Governor will regret separating you from your family, and being obliged to put you on-board a vessel, in which he cannot procure you suitable accommodation; yet a sense of duty, arising from a regard to the welfare of the colony, and the honor of His Majesty’s service, leaves him no choice but that of sending you home in the ship Dart, now ready to sail. I have the honor to be, &c.
(Signed)“N. Bayley, Secretary.”
“Wm. Bligh, Esq.”
“Government-House, Sydney, March 24, 1808.
“Sir,– I have to acknowledge the receipt of your secretary’s letter of this day’s date, stating, ‘that he is commanded by you to inform me, in answer to my letter of yesterday’s date, that it has been your unceasing study, ever since I was put in arrest, to avoid saying or doing any thing towards me, at which the most scrupulous delicacy could take offence; and that when you caused to be signified, that I should be required to embark on-board the Dart, you naturally concluded I must have understood, that if the requisition was not complied with, it would most certainly be enforced: also, that he is further commanded to acquaint me, that inquiries have been made respecting the Fox, and that the result has not removed your objections to my embarking in that vessel; that, in answer to my observation, that I had expressed great regret that none of the vessels had arrived, which were alluded to in my letter of the 11th ult. he is directed to refer me to that letter, as an evidence, that the Fox cannot be considered as one of the vessels which I signified was to be expected in this month; but that I may not be led into an unavailing controversy on words, he is commanded distinctly to state again, that I shall be expected to embark on-board the Dart on the 1st of April, unless I shall prefer taking my passage in H.M.S. Porpoise, on the conditions already proposed; and that, as the time fixed for the sailing of the Dart is so short, my immediate answer is expected.’
“In reply thereto, I therefore acquaint you, that the Dart being the only vessel offered, besides H.M.S. Porpoise; and having very sufficient and satisfactory reasons for objecting to proceed in that vessel, as I shall make appear to His MaJesty’s Ministers, and my Lords Commissioners of the Admiralty, I do, on that account only, agree to take my passage in H.M.S. Porpoise, on the conditions prescribed by you, in your secretary’s letter of the 19th inst. I am, &c.
(Signed)“Wm. Bligh.”
“To his Honor Lieut.-Governor Johnstone.
On the 31st of the same month, Commodore Bligh addressed Lieutenant-Governor Johnstone as follows:
“* * * * * * As captain, therefore, of H.M. ship Porpoise, and commodore commanding H.M. ships and vessels in these seas, I do again request to go on-board the Porpoise, where proper accommodations can be fitted up for the officer who attends me officially from you, and with whom I engage to present myself to the first general-officer he finds it his duty to attend on, when we arrive in England.
(Signed)“Wm. Bligh.”
“Captain Bligh,” continues Lieutenant Kent, “is here seen under his own hand, in a matter the most sacred and binding on a British officer, officially and explicitly surrendering every right of command or interference in the colony, till His Majesty’s pleasure was ascertained on his arrest.
“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. Major Johnstone also made to me a similar request. I proceeded, therefore, in H.M. ship under my command, and arrived at that settlement on the 27th of the same month. After landing the stores, &c. I received a letter from Colonel Paterson, which I take the liberty to read.
“Port Dalrymple, Van Diemen’s Land, May 7, 1808.
“Sir,– I have to acknowledge the receipt of your letter, acquainting me of the arrival of His Majesty’s ship Porpoise, with a supply of provisions and stores for the colony, and for the purpose of conveying me to Port Jackson; but I must inform you, that a representation from Major Johnstone, referent to the intention I had formed, causes me to protract my leaving this settlement until I am possessed of some further information necessary on the subject of it.
“I have, at the same time to express my particular satisfaction at the alacrity with which you have complied with the request I had judged it expedient to make, for the benefit of His Majesty’s service; and to inform you I shall not fail to apprize His Majesty’s Ministers of the promptitude of your attention. I have the honor to be, &c.
(Signed)“W. Paterson.”
“To Captain Kent, commanding H.M.S. Porpoise.”
“On the 16th of May I got under weigh, and in dropping down the harbour, the ship unfortunately struck on a sunken rock, which misfortune, with other adverse occurrences from bad weather, but not material to my case, prevented my arrival at Port Jackson till the 26th of May.
“This service of conveying stores and provisions to Port Dalrymple is the ground of the first charge; and I am accused of proceeding on that voyage, without the order of Captain Bligh, or any person duly authorised to give such order. But the Honorable Court will please to observe, that I did not sail till a written recognition of Captain Bligh’s suspension, under his own hand, was transmitted to me, in which he solemnly renounces any command whatever, or any interference in the affairs of the colony. Could I conceive that acquiescence in the request of the acting government, so recognised by Captain Bligh himself, would afterwards be made the vehicle of a charge, which in fact accuses me of the grossest act of insubordination? Could I, consistently with my duty, and having Captain Bligh’s written recognition of his suspension in my hand, which virtually exacted from me obedience to the acting government, refuse to go to sea? What defence could I have made, had I, by such refusal, entailed serious injury on the dependant colonies? The Court will perceive, by my ​conduct on a subsequent occasion, when Captain Bligh was permitted to have communication with me, how solicitous I was, under the most urgent and deJicate circumstances, to pay every scrupulous obedience to any orders proceeding from Captain Bligh.
“I have now to beg the Judge Advocate will be pleased to read the Second Charge.
[The Second Charge was read.]
“On the 28th of July, 1308, the Lady Sinclair transport arrived from England, having on board Lieutenant Governor Foveaux, who the next day took on himself the government. On that occasion. Captain Bligh requested to have communication with the officers of his Majesty’s ship the Porpoise, which was complied with.
“The next day I waited on Captain Bligh, when he began to abuse me in a most approbrious and unofficer-like manner. It is impossible for me to describe, in adequate terms, his language, tone, and manner. No one who has not been under the command of Captain Bligh, can form a just notion of the style of abuse I suffered, for not having, as he termed it, reinstated him in his government. He told me, with extreme violence, if I knew my duty, I would begin and blow down the town of Sydney about the ears of its inhabitants, until they gave him up the command of the government. Astonished to hear this language from the very person who refused to receive the dispatches I brought him, and who had explicitly assured me be had solemnly pledged his word of honor as an officer, in no way to interfere in any command till His Majesty’s pleasure was known, and from whose hand a written pledge had been shewn me to the same purpose, I scarcely knew how to proceed. I answered, however, ‘That as to blowing down the town of Sydney, I was sorry to differ from him; but that, under the existing circumstances, combined with the solemn pledge he had assured me he had stipulated with the acting government, and of which I had, as already mentioned, been furnished with an official copy, I could not conceive it my duty, without positive instructions or authority in writing, to attempt an act that would inevitably sacrifice the lives of so many innocent persons, and would destroy so much public and private property.’ Captain Bligh then flew into a more violent rage, and emphatically told me, that some day or other he would make me repent not knowing my duty. I have, indeed, since found, that no time nor reflection, nor my most studious precaution to avoid offence, could alter his determination, or diminish his resentment.
“It will not fail to be remembered by this Honorable Court, that although Captain Bligh made this unexpected, unprovoked, and, I trust, unmerited attack on me, on the ground of my not blowing down the town of Sydney, he had never given me either verbal or written orders to such an effect; but that, merely in a paroxysm of rage, while he had been indulged as a prisoner, to have communication with me, he availed himself of that opportunity to upbraid me with not having voluntarily committed an act of ​violence, which, had I attempted to put it in execution, this Court and the public would have considered as an act of insanity, as can easily be substantiated, if necessary, by respectable witnesses in attendance.
“The Court would perhaps almost doubt that such a proposition was ever made to me by Captain Bligh, and I should have been unable to prove it, farther than by my solemn assertion, on the honor of an officer, as on many such occasions he cautiously spoke to me, and vented his abuse when no witness was present: but it happens fortunately for me, and for the satisfaction of the Court, that Captain Porteous, of His Majesty’s ship the Porpoise, who is in attendance, can prove, that Captain Bligh made a proposition to him also to blow down the town of Sydney, and that he not liking, in so serious a case, to trust to the verbal order of Captain Bligh, requested written instructions, but from which request the prosecutor shrunk. I was, after this interview with Captain Bligh, permitted to have occasional communication with him, until the 16th of September, when he informed me that Lieutenant-Governor Foveaux was going to put an end to all intercourse between him and the officers of the Porpoise, for the purpose of sending her to Port Dalrymple, and he asked me if I would go to sea without his orders. I answered, ‘Certainly not, Sir, if it be your wish.’ We then walked out before the house, and I purposely continued to speak on the subject of all communication being broken off between him and the Porpoise; and I submitted to him the propriety of his giving me written instructions for my government. The Court may conjecture my astonishment, when he replied, ‘Captain Kent, you know I have solemnly pledged my word of honour, that I will assume no command until His Majesty’s pleasure is known on my supercession.’ Notwithstanding this, it is proper to state, that Captain Bligh, but a few days before, gave me a written order to fit the ship with the utmost despatch for him to proceed in her to England!!!
“In corroboration of this fact, I beg leave to read the correspondence which took place between Colonel Foveaux, Captian Bligh, and myself, on the subject.
“Head-quarters, Sydney, 17th September, 1808.
“Sir,– I inclose you a copy of a letter from Captain Bligh, by which you will perceive he professes an intention not io proceed to England, and in which he refers me to you, as commander of His Majesty’s ship Porpoise. I have to acquaint you, that I have found myself under the necessity of forbidding Captain Bligh to hold any further intercourse with you, or any of the officers, or persons under your command, this being the only alternative I have left to prevent the Porpoise and the Lady Nelson from being kept altogether useless to the colony, for whose service you. Sir, must be aware they are entirely intended.
“After this communication, I presume it will only be needful to request you will immediately give orders for the Lady Nelson to proceed to the ​Coal River, to perform the service specified in my letter to you of the 1st instant. I have the honour to be, &c.
(Signed)“J. Foveaux.”
“Captain Kent, H.M.S. Porpoise.”
“Government House, Sydney, Sept. 16, 1808.
“Sir,– In reply to your letter of yesterday, I have to inform you that it is my intention to remain in the colony until His Majesty’s pleasure shall be known.
“His Majesty’s ship Porpoise has Captain Kent to command her, and if you prevent me of communicating with him, I, in my present situation, cannot prevent it. – 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.
“I beg to inform you, that I received an order from Commodore Bligh (which he has not yet countermanded) to fit out His Majesty’s ship Porpoise for sea with all possible despatch, for the purpose of conveying him to England; and I am sorry that, never having received the stores I applied for, it has not been in my power to complete fitting out the ship, as was intended.
“I further beg leave to inform you, that as there has been no officer appointed to the command of the Lady Nelson since I left her to join His Majesty’s ship Porpoise, on promotion, except at the time the Porpoise was heaving down, judging it for the benefit of His Majesty’s service, I thought proper to spare Lieutenant Ellison to command her on a voyage to Hawkesbury, for grain; but as His Majesty’s ship Porpoise is now nearly in a fit state for sea, I have ordered Lieutenant Ellison to join her again, to do his duty as acting lieutenant accordingly. – I am, &c.
(Signed)“Wm. Kent.”
“His Honor Lieutenant-Governor Foveaux, &c. &c.”
“Head-quarters, Sydney, Sept. 19, 1808.
“Sir,– As I am of opinion that my entering, at this peculiar juncture, into further explanation of my motives for restraining Captain Bligh from holding any official communications with yourself and the officers of the Porpoise, would retard, rather than facilitate the object of His Majesty’s service, I think it advisable to decline any such discussion.
“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.
“The demands you made on the 13th inst. have not as yet been complied with, because some of the articles are not in the stores; and there are points respecting others upon which I am desirous to inform myself.
“Referring to your notification of the removal of Lieutenant Ellison from the Lady Nelson, I hope an officer qualified to command her may be immediately appointed, that the colony may be no longer deprived of her services; and I beg again to repeat my request, that she maybe despatched as soon as possible to Newcastle. I have the honour, &c.
(Signed)“J. Foveaux.”
“Captain Kent, H.M.S Porpoise, &c. &c.”
“His Majesty’s Ship Porpoise, Sydney Cove, Port Jackson, Sept. 19, 1808.
“Sir,– In consequence of having received a letter from you of this day’s date, I beg to inform yon, that, as I cannot have any communication with Commodore Bligh, and as it appears by your letter that he has no intention of proceeding to England at present in His Majesty’s ship under my command; that my zeal for the benefit of His Majesty’s service, induces me to comply with your request, although in the peculiar circumstances I am at present placed in. At the same time, I have to observe, that it was always my wish and study to facilitate His Majesty’s service as much as lay in my power; but while Commodore Bligh had communication with His Majesty’s ship Porpoise, I could not act otherwise than by his directions.
“I shall send an officer from His Majesty’s ship to take charge of the Lady Nelson; but should His Majesty’s ship proceed to sea on any particular duty that His Majesty’s service may require, I shall be under the necessity of recalling the officer lent, as she is not sufficiently provided with officers to carry on the duty. I am, &c.
(Signed)“Wm. Kent.”
“His Honor Lieutenant-Governor Foveaux, &c. &c.”
“This conduct, so irreconcileable either with open and avowed command, or a formal surrender of authority, placed me in the most distressing predicament. To act under orders which the person who gave them would not avow, or even commit to writing – to act under orders which the person who gave them declared to me were a violation of his word of honor, solemnly pledged, and even given under his hand, was a situation in which, I think, no other British officer was ever placed. Had it been consistent with my duty and character so to have dissembled my ​knowledge of the written pledge, formally delivered by Governor Bligh to the acting government, he had himself put an end to any doubt, by desiring me, when he refused to take the despatches I brought from Norfolk Island, to inform Major Johnstone that such refusal had taken place, and that Governor Bligh wished me to state, his conduct arose from the engagement he had entered into that he would assume no command, nor in any manner interfere in the affairs of the colony.
“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. Had I, from mere desultory and unattested suggestions of Captain Bligh, fired on the town of Sydney, and its inhabitants, or had I refused to convey provisions to Port Dalrymple, to relieve the pressing wants of His Majesty’s subjects there, and my conduct had been offensive to my sovereign, what defence could I hare urged to vindicate my character? How could I, without an order to produce from Captain Bligh, have exculpated myself? or how could I have excused myself for neglecting the official and pressing applications for my assistance, from the acting government?
“This Honorable Court will do me the favour to remember, that when Captain Bligh asked me if I would proceed to Port Dalrymple without his order, I instantly told him, ‘No, certainly, if he wished otherwise:’ yet Captain Bligh abstained from giving me any order, and positively refused to give me written instructions.
“I have since learned, indeed, that Captain Bligh transmitted his wish through Lieutenant-Governor Foveaux, but that wish was not only not then conveyed to me, but I was utterly ignorant of its existence until after my return, when I was put under an arrest; and of this fact Captain Bligh was apprised by a letter from Lieutenant-Governor Foveaux, on the 26th of October, 1808. Yet is my sailing to Port Dalrymple, this second time, made the chief ground of my trial, after a rigorous and close confinement of almost two years.
“As Lieutenant-Governor Foveaux has done me the favour to attend here as a witness, the Court will learn from him, most distinctly, that the letter he received from Captain Bligh, forbidding me to leave the Cove, never reached me. 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. But the motives which actuated Colonel Foveaux, he will, if necessary, explain. All I wish is, to prove that the order never reached me, and that Captain Bligh, if he did not distinctly ​collect that fact from Lieutenant-Governor Foveaux’s letter, might at any time have ascertained the true state of the case. If I may be permitted to draw any inference from the suppression of that order by Lieutenant-Governor Foveaux, it warrants me in saying that he knew, if I had received that order, that I should have obeyed it, although under such peculiarly delicate circumstances.
“The Court will please to keep in view, that one of the principal motives for Lieutenant-Governor Foveaux’s permitting Captain Bligh to hold communication with me, was the idea Captain Bligh held forth, of his serious intention to proceed in the ship to England; but this, as will appear, like other matters, was mere delusion on the part of Captain Bligh.
“In one of Captain Bligh’s standing orders, of the 26th of August, 1806, two commissioned officers of His Majesty’s ship Porpoise are directed to attend, as members of the criminal court, (on the application of the Judge Advocate) and to sit as the law directs.
“Lieutenant Governor Foveaux having directed a criminal court to assemble, I was requested to sit as a member of it. I waited on Captain Bligh, when he directed me, verbally, that I should not sit on any criminal court. As soon as I retired, I addressed a letter to him “on service,” informing him that a precept had been sent me, for my attendance as a member of a criminal court, and requesting to be informed if I should obey his order of the 26th of August, 1806.
“I received a letter, in answer, to acquaint me, ‘that when I saw his name to a precept, I was to obey that order; but not before.’ In this dilemma, I addressed the Judge Advocate, and informed him I could not attend in consequence of orders I had received, until Captain Bligh’s name appeared on the precept. Lieutenant-Governor Foveaux immediately wrote to Captain Bligh, to know how he came to issue such an order. The Court will scarcely credit the fact, but Captain Bligh positively denied that be bad given any order of the kind, and that he had left it to my own discretion to sit or not, as I chose. Captain Bligh’s letter was transmitted to me by Lieutenant-Governor Foveaux, and I was reduced to the painful necessity of vindicating myself by the incontestible proof of Captain Bligh’s disregard of accuracy. I will not give it a harsher name. I immediately inclosed to Lieutenant-Governor Foveaux Captain Bligh’s letter, in which the denied order is explicitly given on that very day.
“I leave this fact to make the impression it cannot fail to do on the minds of this Honorable Court. I mention it as a fact I can distinctly prove, to manifest to the Court that some parts of Captain Bligh’s conduct created my anxiety to act from his orders, either written, or such as I could prove by witnesses.
“I abstain from mentioning other acts which equally impaired my confidence in Captain Bligh, because I will state nothing of which I am deprived of the proof.
​“After a passage of six days, I arrived at Port Dalrymple on the 7th of November, and having landed the provisions and stores, I took on board Lieutenant-Governor Paterson, with whom I arrived on the 31st of December. It is on the commencement of this voyage that I am accused of striking Captain Bligh’s broad pendant. But as no evidence has been brought forward to support it, the charge requires no answer; nor shall I trespass farther on the time of the Court, than to say, that the pendant never was struck by my order, except when the ship was at sea, when, according to the usage of the service in like cases, it was hauled down, and on her return to port again, was immediately re-hoisted.
“On the 1st of January, 1809, Captain Porteous of the navy, (who had arrived from England on the 15th of November) came on board, read his commission, and superseded me. He informed me, that having arrived during my absence, he had been permitted to communicate with Governor Bligh, and he had received his orders to acquaint me, I was to consider myself under arrest. From that day, until the 15th November, 1810, I remained in arrest, and for thirteen months was confined a close prisoner to the ship; nor did I know the nature even of the charges, until my arrival at Portsmouth on the 1st of this instant January.
“Surprised at the severity of my imprisonment, so unusually rigorous, I made respectful and repeated applications to be apprised of my supposed crimes, that I might be prepared for my defence, in case of a court-martial, or that I might attempt to remove any misconception, which had caused my confinement. Under so long a privation of common exercise, and feeling the hardship of my situation, with all the anxiety of a British officer so disgraced, my health gave way, and I became so emaciated, that I found it necessary to request a medical survey, to entitle me to the indulgence of exercise. The Court will be surprised to hear, that in violation of all rules and precedents, and in total disregard of common humanity, I was denied the survey I, for such urgent reasons, earnestly solicited; and it is probable I owe my present existence only to a naturally strong constitution.
“I have now to request the Judge Advocate will be pleased to read the third charge.
[The third charge was read.]
“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.
“I neither deemed it my duty, nor for the good of His Majesty’s service, to interfere in an arrangement that seemed so vitally essential to the ​welfare and interests of Captain Bligh himself, and of a nature so imperiously necessary for the tranquility of the colony, and the early interposition of His Majesty’s Government. Had Captain Bligh sent me an order to prevent the sailing of Lieutenant Symons, peculiar as my situation would have been, I should have felt it my duty to obey his commands, even although he had so publicly and solemnly renounced any interference or authority, because the production of such order, though it might have deeply impeached the honour of Captain Bligh, would have been my vindication as an inferior officer.
“I solemnly protest to the Court, that I acted under a firm belief that Captain Bligh was privy and consenting to the arrangement.
“As to Lieutenant Symons having discharged himself from His Majesty’s service, I have only to state, that he was my senior officer, and this circumstance, alluded to in the charge, took place before I joined the Porpoise, as will appear from the muster-books produced; and so far from the Admiralty being dissatisfied with Lieutenant Symons’s conduct in this respect, he was ordered to receive his pay by bill and compensation, as marked in the muster-books; besides, he has, ever since his arrival in England, been employed, and he is now one of the lieutenants of the Vestal frigate.
“These are the observations which I have deemed it my duty to offer to the Court, to repel the charges this day brought against me, and to vindicate my character from the imputation which a long and rigorous confinement of twenty-three months would naturally raise. Having never before sustained the slightest accusation, though I have been in the service from ten years of age, I am unaccustomed to the duty of defence, but I am well aware, that in the honor and justice of this Court I may repose with greater confidence, for the assertion of my innocence, and the vindication of my character, than in any talent or ingenuity, or experience, which I could have possessed.
“My services, with few exceptions, have been of a humble, but I would hope, of a meritorious kind. But that I am taught by the principles of my profession, cheerfully and zealously to do my duty wherever called, I should perhaps be forgiven by this Court, for venturing to lament that, nine years of the best period of my life have been consumed in New South Wales. When I remember that I served as midshipman on board the Tigre, with Sir William Sidney Smith, and had the happiness of being a humble associate in the defence of St. Jean D’Acre, being quartered on the walls of that place, I hope the Court will pardon my uttering the language of regret, that upright intentions and honest zeal in a most critical crisis in New South Wales, should have exposed me to the privations, sufferings, and imputations which this prosecution has entailed upon me.
“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. From my cradle, my only ambition has been to live and die in the service of my sovereign with an untainted reputation: the best efforts of my head and heart have been exerted to attain that end. Governor Bligh has been pleased to attack my character with charges of a nature, which, if established to the extent of his unfavorable constructions, blasts my best hopes, and obscures every prospect in life. In this Court I repose my honor and reputation, with a perfect confidence, arising from a consciousness of innocence. I eagerly and anxously sought the investigation of this day, and I look with confidence, but with the deepest respect, to the event of your decision.
(Signed)“W. G. C. Kent.”
“H.M.S. Gladiator, 9th Jan. 1811.”
“Mr. Edmund Griffin sworn, and examined by the Prisoner.
“Q. During the period of Captain Bligh’s arrest, had you any opportunity of conveying to me Captain Bligh’s orders and wishes? – A. Not until the 30th of July; I conveyed his wishes in conversation, as from myself.
“Q. Did you ever communicate any orders to me from Captain Bligh, as to the line of conduct I was to pursue, as acting commander of the Porpoise? – A. No, I did not: I was cautioned by Governor Bligh not to mention it as coming from him.
“Q. What prevented you from conveying those orders? – A. Governor Bligh considered Mr. Kent so very intimate with the persons who had him in confinement, that he concluded he would communicate all orders received from him.
“Q. Could Captain Bligh, at almost any time, have come on board, and assumed the command of the ship? – A. No.
“Q. Being, as you were, in the confidence of Captain Bligh, inform the Court (if you are acquainted with them) what his reasons were for not giving me either verbal or written orders for my guidance, in the peculiar circumstances I was placed in, when, to your knowledge, those orders and instructions might have been safely conveyed to me. – A. I apprehend they might have put him into closer confinement, or removed him from Government-house.
“Q. Has Captain Bligh given you the usual and necessary certificates to enable you to receive the pay due to you, while serving under his command? – No, not the whole of them.
“Q. Have you ever applied to him for them? – A. Yes.
“Q. What reason did he assign for refusing to comply with your request? – A. He said that they could be of no use to me at present, as he was not ordered to be paid as commodore yet, and I could not be paid until he was, as his secretary.
“Q. Has not Captain Bligh told you that you must wait until after the court-martial was over, or promised to give them to you at that period, or words to that effect? – A. No; he spoke generally to me, saying, there ​were a number of things to do yet, and a number of papers to complete, which I had not done. I said, of course, I would do them, if there were any.
“Q. Have you not mentioned to your friends, that Captain Bligh expressed his satisfaction at the Porpoise going down to Port Dalrymple? – A. No, never.
“Q. You have sworn, in your evidence of yesterday, that you were present when I waited on Captain Bligh, on my return from Norfolk Island, on the 29th March, 1808; was any other person present? – A. There was a lady or two present – Miss Palmer and Mrs. Putland.
“Q. You saw me offer the despatches I had brought with me to Governor Bligh? – A. Yes.
“Q. Did he receive or reject those despatches? – A. He did not receive them; he gave Mr. Kent permission to deliver them to Major Johnstone, considering them relative to the settlers being removed from Norfolk Island, and as he had not the power to attend to any application or request.
“Q. You have given in evidence, on the prosecution, that Captain Bligh had peremptorily refused to subscribe to the conditions prescribed to him by Major Johnstone? – A. I have, to those that were inclosed in Major Johnstone’s letter to him. In reply to Commodore Bligh’s, inclosing Lieutenant Kent’s acting commission.
“Q. As that letter contains an unequivocal pledge that Captain Bligh will comply with the conditions prescribed to him by Colonel Johnstone, in his letter dated the 19th of March (already read), explain to the Court your inducement for swearing before the Court yesterday, that he had given no pledge? – A. I believe I have said, that he would not subscribe to the conditions in Colonel Johnstone’s, in answer to Captain Bligh’s letter, inclosing Lieutenant Kent’s commission; Lieutenant Symons, who had appointed himself, had the command of the Porpoise at that time; the letters read are of a date antecedent to that I alluded to.”
[The letter from Commodore Bligh to Lieutenant-Governor Johnstone, dated the 24th of March, 1808, was shewn to the witness.]
“Q. In whose hand-writing is the body of that letter? – A. In mine.”
[Captain Bligh consented to a copy of a letter from N. Bayley being read as evidence, he not having the orignal by him. – Letter read. – Witness’s former evidence read to him]
Examined by the Court.
"Q. Were the customary papers, or log, on the ship’s return to port, given to Commodore Bligh by Lieutenant Kent? – A. No, there were no papers of that kind delivered.
"Q. Were they demanded? – A. No, I do not think they were. If I recollect right, there was a conversation as to the state of the vessel.
“Q. Did the commodore, on that occasion, give any directions as commodore of the squadron? – A. He gave him directions to keep himself separate from the persons who had him in confinement; and, as I have said before, not to obey any orders but his.
​“Q. Did Captain Bligh open the despatches that were offered him by the prisoner, before he ordered him to deliver them to Major Johnstone? – A. They were directed to him as Governor Bligh, and he did not open them.
“Q. As the commodore sent Lieutenant Kent’s acting order through Major Johnstone, did he consider that the only channel of communication with the ships of war that was open to him? – A. He did, at that time, certainly.
“Q. Was the intention with which the prisoner left Port Jackson, on the second occasion, never made known to Commodore Bligh, previous to his sailing? – A. It was, by Major Johnstone and Colonel Foveaux, by letters.
"Q. Could the prisoner, at that time, communicate with the commodore through any other means? – A. The communication went through Major Johnstone and Colonel Foveaux. The commodore was himself prohibited from communicating with the prisoner; as it would have been dangerous for him to have done it. I have mentioned before that he did call once, and I spoke to the wrong time: I think I said he called after he received his commission; but it was before the correspondence with Major Johnstone respecting his commission. I do not think the prisoner could communicate, except through them (Major Johnstone and Colonel Foveaux) .
“Q. Was it the commodore’s intentions, at the time, that Lieutenant Symons should be arrested? – A. I cannot speak as to his intention, but he then expressed to me a wish that he should be arrested.
“Q. Was that wish of the commodore’s made known to the prisoner, prior to the time of Lieutenant Symons leaving the colony? – A. I do not recollect that it was, any farther than the letters I have referred to.
“Q. From the state of the colony, and the peculiar circumstances in which Lieutenant Symons left it, do you think the prisoner could have arrested him, if he had been ordered so to do? – A. I really cannot say: I do not know if there would be any resistance, or not, as there was a guard on board.
“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? – A. I could.
“Q. Had you free access to the commodore at all times, to receive his orders between those dates? – A. Yes.
“Q. Who was the senior officer. Lieutenant Symons, or Lieutenant Kent? – A. Lieutenant Symons was by acting order; it was not known whether either of them was confirmed.
​“Q. Did Captain Bligh enter into any agreement with those that had put him into confinement, not to interfere with the ships of war under his command? – A. No further than by the letter dated the 19th of March, 1808, (already read).
“Q. After the commodore received the communication of the intended sailing of the Porpoise, could you have communicated any contrary orders to the prisoner, had he been disposed to have given them? – A. Yes.
Questioned by the Prosecutor.
“Q. What were the conditions required by Colonel Johnstone, when I transmitted Lieutenant Kent’s commission? are they contained in this paper?
“Sydney, 30th March, 1808.
“I am directed by his Honor the Lieut.-Governor, to wait upon you. Sir, and acquaint you, that, after considering your letter of this day’s date (inclosing an order to Lieut. William Kent, to take upon himself the command of H.M.S. Porpoise), that his Honor will cause that order to be forwarded to Lieutenant Kent, provided you think it proper to subscribe the following conditions: – First, That you will not hereafter attempt to plead your having been permitted to give Lieut. Kent an order to assume the command of H.M.S. Porpoise, as a precedent, which can justify you in giving any future orders respecting H.M.S., until His Majesty’s pleasure shall be known. Secondly, That you will write to Lieutenant Kent a letter (to be transmitted to him by his Honor the Lieutenant-Governor), wherein you shall pledge your word of honor as an officer, that you will not, after your embarkation on board His Majesty’s ship Porpoise, assume any command, or consider yourself in the said ship otherwise than as a passenger, subject to the restraint of the military arrest in which you have been placed by his Honor the Lieutenant-Governor.
(Signed)“N. Bayley, Secretary.”
“A. These are the conditions.
“Q. Is that the hand-writing of Mr. Bayley? [letter shewn.] – A. It is.
“Q. To the best of your knowledge, were you present at every conversation between the prisoner and me, whilst I was a prisoner? – A. I was.
“Q. Did I not, after his first return from Port Dalrymple, order Lieutenant Kent to obey no orders except those he received from me? – A. Yes.
“Q. In what manner, between the 26th of October, when I received Colonel Foveaux’s letter, could I have communicated to Lieutenant Kent any orders from me? – A. I could have done it, personally.
“Q. Was all communication at that time stopped? – A. I mean to say that Governor Bligh was prevented by threats thrown out. I could have done it in any way. I was under no restriction.
Examined by the Court.
“Q. Do you know whether the prisoner considered himself under the ​orders of the commodore, during bis confinement, until Captain Porteoug toolt the command of the ship? — ^A. Yes, I conceive he did. He told me, that when he arrived again, he should hoist the broad pendant, which he did, as he considered himself under the commodore's orders. He also said, that when he took the command of her, she was half-way down the harl)our ; he considered her in a manner almost at sea. She had the long pendant flying.
" Q. Was the morning and evening gun fired from the ship ? — A. It was fired shortly after the 30th of July until his sailing ; there was a letter from him to that effect, to know if it should be done. I do not think there was any omission. A letter was sent in answer to his, that the naval in- structions were to be his guide.
" Q. Do you know of any disobedience on the part of the prisoner to the orders of the commodore, after you saw the broad pendant hoisted on board the Porpoise ? — A. To his verbal orders, directing him not to sail after the 30th of July.
" Q. After Captain Bligh was put under an arrest, does it come within your knowledge that he ever interfered or remonstrated with the then ex- isting government for the liberation of the commodore ? — A. No, not to my knowledge ; but he told me he had made frequent application for com- munication, and that once Colonel Johnstone had even threatened to super- sede him ; which I ridiculed.
" Q. As the prisoner never had official communication with the com- modore, and never received any orders through any other medium, during the commodore's arrest ; would, in your opinion, the not complying with the wishes of his employing His Majesty's vessels, have involved the co- lony in difficulties ? — A. No, I do not ; with his not going for Colonel Patereon, if that could be called a difficulty, as that was the reason assigned.
"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." reason than what those letters of Commodore Bligh conveyed, as I con. ive.
"Q. Were any orders given by (Commodore Bligh during .he time the communication was open, from the 30th of July to the 15th of September ? — A. Yes.
" Q. If the prisoner suspended the operations of the men of war, after the confinement of Commodore Bligh, would it have involved the colony in difficulties? — A. From the little knowledge I had at that time of the ex- isting government proceedings, I cannot say more than I have done.
" Lieutenant-Colonel Johnstone, of the d Regiment sworn, and examined by the Prisoner.
" Q. When I arrived in His Msyesty's armed tender. Lady Nelson, on
​the 29th of March, 1808, did I, to your knowledge, wait on Captain Bligh? – A. Yes, you did.
“On that day, did I bring you the despatches, which I brought from Norfolk Island and the Derwent, and acquaint you that I had seen Captain Bligh, and that he had ordered me to bring the despatches to you; and that he had desired me to inform you, for your satisfaction, of the particulars of the conversation I had held with him, as he had pledged his word of honor, as an officer and a gentleman, not to assume any command, or have any intercourse with the officers and crew of the Porpoise? – A. You did.
[This question was objected to by the prosecutor, as too general.}
“Q. When you sent me my warrant, on the 12th of April, 1808, from Captain Bligh, appointing me acting commander of His Majesty’s ship Porpoise, did you inform me, that the peace of the colony, and the welfare of His Majesty’s service, required that I should have no further communication with Captain Bligh? – A. I did. He promised me, in writing, that he would have no communication with the ship; but before that, he stated to me, that he resigned ail authority into my hands, and said, he was very much obliged to me for the very handsome manner I had carried it into execution, and conveyed to him the wishes of the inhabitants.
“Q. To your knowledge, was Captain Bligh ever released from that pledge which he had entered into? – A. Never, to my knowledge.
“Q. Did His Majesty’s service absolutely require that His Majesty’s ship Porpoise should take down a supply of provisions and stores to Port Dalrymple, and bring Lieutenant-Govenor Paterson to head-quarters? – A. Certainly it did.
“Q. Could any other vessel have been taken up, to carry down stores, and bring up Colonel Paterson, without government incurring an enormous expence? – A. No certainly, there could not: we must have hired the vessels from the merchants there.
“Q. If I had refused to comply with your requisition, would you have endeavoured to compel me? – A. Certainly I would, by stopping all supplies of provisions to the Porpoise, from the store.
“Q. Did you ever attempt to give me any orders? – A. No.
“Q. Was the service of the Porpoise obtained by requisition, agreeable to the etiquette of the naval service? – A. By requisition.
“Q. Did you ever threaten to supersede me? – A. I cannot call it to my recollection.
“Q. When Lieutenant Symons left the Porpoise, on my taking the command, would you have prevented me from arresting him? – A. No.
“Q. Did you ever interfere in the command of the Porpoise? – A. Never, to my knowledge.
“Q. Did Captain Bligh give any, and what pledge? – A. The pledge he gave was in writing, contained in a letter of the 19th of March, 1808, from Mr. Bayley, my secretary, to Captain Bligh, and Captain Bligh’s answer of the 24th March.”
​[Lieutenant Kent produced his letter-book, and shewed a letter, which he requested the witness to look at, and say if ever he received it. – Answer, He did. – The letter read.]
“H.M.S. Porpoise, 14th April, 1808.
“Sir,– I received yours of the 12th inst. enclosing my warrant from Commodore Bligh to command His Majesty’s ship Porpoise, and acquainting me that I am not to have any communication with him, by letters or messages, as the welfare of the colony and His Majesty’s service require it. I should be sorry in anywise to act in a manner displeasing to you, or derogatory to the character of a naval commander; but as I consider Commodore Bligh the only person in this colony who can regularly give me orders respecting the ship, and as he is borne on the ship’s books, and I am in want of officers to carry on the ship’s duty, I request to be allowed permission to consult him on those points, as he is the only person who can appoint officers to the ship in this colony, or to give me instructions how he is to be borne on the ship’s books in future. I have the honor to remain, &c.
(Signed)“W. Kent.”
“His Honor Lieutenant-Governor Johnstone. &c.”
“Q. Did you answer that letter? – A. I do not recollect.
Examined by the Court.
“Q. During the commodore’s confinement, did the prisoner receive any orders from you? – A. No.
“Q. Had the prisoner refused to comply with your requisition, for the service already specified, what consequence might have been produced to the colony from such refusal? – A. The greatest distress imaginable: they were in want of stores of all kinds, slops in particular.
“Q. What means had you of counteracting such effect? – A. I had no other than that of hiring ships, at a very heavy expence to government.
“When Lieutenant Kent received those requisitions, did he express a wish to communicate with Commodore Bligh on the subject? – A. I cannot recollect.
“Q. From the state of arrest in which the commodore then was, would such communication have been admitted? – A. If he had wanted to speak to the commodore, I should not have hindered him.
“Q. Did you understand, from the papers already read in Court, that the commodore resigned all naval command, while he remained in the colony? – A. I certainly did, in the fullest manner.
“Q. Did you ever forward any letter from the prisoner to the commodore, during his confinement? – I do not recollect that I ever did.
“Q. You have said that you would not have supplied the Porpoise with provisions, if Lieutenant Kent had not complied with the requisition, for the good of the colony; did you ever so express yourself to Lieutenant Kent, by writing or otherwise? – A. I do not recollect.
“Lieutenant-Colonel Foveaux, of the 102d Regiment, and Lieutenant-Governor of New South Wales, sworn, and examined by the Prisoner.
“Q. Was all communication between Captain Bligh and the officers of the Porpoise prevented? – A. Yes, as will appear by my letter to Captain Bligh, and his answer to me, which are now before the Court, a copy of which I transmitted to the prisoner at the time. [Letters read; see p. 176.]
“Q. What were the motives which induced you to request that the Porpoise and Lady Nelson might be employed for the service of the colony? – A. The Lady Nelson was requested to go to Newcastle, to bring timber that was sawing there for Government, which timber was to be given for freight of a ship called the City of Edinburgh, for Government.
“Q. Was it absolutely necessary, for the good of His Majesty’s service, that the Porpoise should proceed to Port Dalrymple, to bring up Lieutenant-Governor Paterson? – A. I was obliged to obey the instructions I received from my superior officer.
“Q. Was the settlement at Port Dalrymple in great want of stores, troops, and convicts? – A. Yes.
“Q. When you applied to Captain Bligh on the subject of his return to England in the Porpoise, did he not refer you to me, as her commander? – A. Yes; it will appear in his answer to my letter, dated 16th September. 1808.
“Q. To your knowledge, was Captain Bligh ever released from the solemn pledge he had entered into with Colonel Johnstone, not to assume any command till His Majesty’s pleasure was known? – A. No, never.
"Q. What would the consequence have been, had I refused compliance with your wishes, for the benefit of His Majesty’s service? – A. I should have endeavoured to have compelled you, by the refusal of provisions and stores, from the store.
“Q. Could any other vessel have been taken up to carry down provisions and stores, and to bring up Colonel Paterson, without Government incurring an enormous expence? – A. Certainly not.
“Captain John Porteous, of the Porpoise, sworn, and examined by the Prisoner.
“Q. On the 1st day of January, 1809, when you took the command of the Porpoise, what pendant did you find flying on board of her? – A. A broad pendant.
“Q. After you had superseded me in the command of the Porpoise, did you consider yourself secure in obeying the verbal orders of Captain Bligh, on matters of importance? – A. No, I did not.
“Q. Did Captain Bligh ever propose to you to blow down the town of Sydney? – A. Yes.
“Q. What answer did you make? – A. I requested a written order; but he said he was under an arrest. But on my first joining the Porpoise, ​I had a written order from Captain Bligh, to put myself under his command.
“Q. After I was some months in arrest, did I enclose you a letter to be forwarded to Captain Bligh, requesting his permission to walk on shore for a few hours, for the benefit of my health? – A. Yes.
“Q. Do you know what answer he made to that application? – A. Captain Bligh said that he did not know that Mr. Kent was under any other arrest, than confinement to the ship.
“Q. What distance did the Porpoise lie from the shore? – A. About a quarter of a mile.
“Q. Could Captain Bligh have come on board at any time from Government-house, and assume the command of the ship? – A. In my opinion, he could.
“Q. Did Captain Bligh, on your arrival in the colony, in 1808, instruct you to wait upon Colonel Foveaux, as commanding officer? – A. He recommended my calling on him.
Examined by the Court.
“Q. Was the arrest of Lieutenant Kent more close than that of officers generally under an arrest? – A. No.
“Q. Had he permission to take a walk on shore? – A. No, he was refused that on the first application.
“Q. What were your reasons for thinking that Commodore Bligh could have come on board the Porpoise, and taken the command? – A. If Commodore Bligh had any intentions to have come on board, he might have evaded the sentinels in the evening, by escaping their observation.
“Q. Was he guarded by sentries at the time? – A. There were two who walked in front of the house, I do not know of any others; they have always been placed.
“Q. Did you ever know the orders given to the sentries? – A. No.
“Q. Was it a guard of honor or restraint? – A. Restraint.
“Mr. John Sloan, Purser of the Porpoise, room, and examined by the Prisoner.
“Q. Do you recollect, after my arrival from Port Dalrymple the first time, my going to Government-house, a day or two after communication had been granted between myself and Captain Bligh? – A. Yes.
“Q. Were you present at that interview? – A. Yes.
“Q. Do you remember what Captain Bligh said on that occasion? – A. After the entries were made, I recollect, whilst I was inserting his name at Government-house, a conversation took place between Captain Kent and Governor Bligh, the nature of which I do not know; but I heard Captain Bligh tell Captain Kent to do what he thought most conducive to the interest of His Majesty’s service.
“Q. Have you received any certificate from Captain Bligh? – A. No.
[The Court then adjourned till Thursday.]
THIRD DAY. THURSDAY, JANUARY 11, 1811.
Lieutenant William Ellison, of the Porpoise, sworn, and examined by the Prisoner.
“Q. Were you lieutenant of His Majesty’s ship Porpoise in 1808? – A. I was.
“Q. Did you meet me, after I came from Government-house with the despatches, on the 29th of March, 1808? – A. I did.
“Q. Acquaint this Court what conversation you had with me? – A. You informed me, that you had waited on Commodore Bligh, with the despatches which you brought from Norfolk Island and the Derwent, which despatches, you informed me, Commodore Bligh refused to take, in consequence of a pledge entered into between him and Major Johnstone, and that he desired you to take the despatches to Major Johnstone.
“Q. Did I consult you on the propriety of employing His Majesty’s ships for the good of the colony? – A. You did.
Examined by the Prosecutor.
“Q. When the Porpoise sailed from Port Jackson, was not the Estremena schooner lying there in the employment of Government, unemployed? – A. I do not know.
Examined by the Court.
“Q. Had the prisoner the means of arresting Lieutenant Symons, as a deserter, during the prisoner’s command of the Porpoise? – A. I suppose he could.
“Q. State your reasons. – A. Mr. Symons being on the spot before we sailed for Port Dalrymple.
“Q. Do you mean to say that the civil or military power would have suffered his arrest? – A. I cannot say whether they would, or would not.
“Q. Had the prisoner orders from Commodore Bligh to arrest Lieutenant Symons? – A. Not that I know of.
“Q. During the prisoner’s confinement to the ship, what was the state of his health? – A. Generally, very ill.
“Q. What was the supposed cause of that illness? – A. I suppose from his confinement to the ship.
“Q. Do you. recollect how long he was confined to the ship? – A. I think, to the best of my recollection, thirteen months.
“Q. Do you know if he ever went on shore during that time? – A. I think he never did.
“Q. Did the surgeon apply to Commodore Bligh for permission for the prisoner to go on shore sometimes, for the benefit of his health? – A. He did; I was present once when the surgeon requested him to be allowed to go on shore two hours in the day.
“Q. State the manner and cause of the denial? – A. When Mr. M‘Millan asked Captain Bligh, in my presence. Captain Bligh replied ‘I’ll be ​damned, if ever that fellow goes out of this ship that ran away with my broad pendant.’
“Q. Was ever Lieutenant Symons on board the Porpoise, after he discharged himself? – A. I think he was.
“Q. Was the prisoner permitted to go on shore at Port Jackson, after Colonel M‘Quarrie arrived? – A. He was.
“Q. Was it generally considered at Port Jackson, especially among the navy, that Lieutenant Symons was a deserter from the service? – A. No.
“Q. Was the confinement of the prisoner more rigorous than that of officers usually under an arrest? – A. As far as I could see, he had the whole range of the ship.
Mr. John M‘Millan, Surgeon of the Porpoise, sworn, and examined by the Prisoner.
“Q. Did I write to you at the Derwent, after being some months under an arrest, requesting you to apply to Captain Bligh, to have a medical survey taken on the ill state of my health, that I might avail myself of the joint opinion of the medical officers? – A. Yes.
“Q. Did you apply to Captain Bligh? – A. I did.
“Q. What answer did you receive? – A. I cannot convey an idea to the Court, unless I am permitted to shew his attitude [which being granted, he continued]. He, in the most insulting manner, brandished his fist close to my nose, and said that he would not let that fellow go on shore, who ran away with his broad pendant.
Captain Porteous examined by the Prosecutor.
“Q. When I directed you to place Lieutenant Kent in arrest, did I inform you of my reasons? – A. Yes.
“Q. Did you communicate it to him? – A. Yes.
“Q. Was not the conversation on firing on the town, a mere general observation that a captain of a man-of-war might hear when his commanding officer was in prison? – A. No, I do not conceive it was a general observation. Captain Bligh was violent at the time, and said, if I knew my duty, I would go on board and blow the town down.
“Q. Who was present at the time? – A. I do not recollect that any one was present.
“Q. Was it at table, when Mr. Griffin and ladies were present? – A. No, it was not; it was in the forenoon.
Question by the Prisoner.
“Q. Could not the fort have blown the Porpoise out of the water? – A. Yes; it might have sunk her; it was directly above us.
Question by the Court.
“Q. From the state the colonial affairs were in, and taking into consideration the circumstances attendant on the confinement of Commodore Bligh, should you, as the captain of the Porpoise, think yourself justifiable in attacking the fort? – A. No; but if I had received a written order from Commodore Bligh, I must have obeyed it.
​The prisoner, having no further witnesses to call, here presented the following, address to the Court:
“Mr. President, and Gentlemen of this Honorable Court, – I will not presume to impose a longer task on the patience of this Honorable Court, by any further animadversion or remark on the evidence that has been given, and the various documents which have been produced; entertaining, as I do, a humble hope, that what has been urged will have impressed every individual of this Honorable Court with a strong sense of the peculiar hardships of the situation in which a young and inexperienced officer was placed. With no choice but of difficulties – abandoned by my superior officer, who would give me no orders for my guidance, it appeared to me that I could not err by a zealous solicitude to execute the public service, which I well knew His Majesty’s ships were employed in that colony to perform. I therefore submit myself and my cause, with humble confidence, to the justice of this Honorable Court, under the firmest conviction, that every allowance will be made in my favour, if it should appear, that, in difficulties so arduous and unprecedented, it may have been my misfortune to have deviated, in any particular, from that line of conduct which the rules of the service might have required from me, and which I solemnly declare it was my most earnest wish, and would have been my greatest pride, to have acted in strict conformity to.
“With the most heartfelt gratitude I intreat leave to return my humble and respectful thanks to this Honorable Court, for the indulgence with which I have been heard.
(Signed)“W. G. C. Kent.”
The prosecutor then asked permission of the Court to call other witnesses, and to read some letters. The Court was cleared to consider of his request, when, on being reopened, he was informed they had decided upon hearing no more evidence. After which, the Court was again cleared, and in about an hour opened again, when they pronounced the following
SENTENCE.
“The Court proceeded to try the said Lieutenant William George Carlile Kent, on the above-mentioned charges, preferred against him by Captain William Bligh, and having heard the evidence produced in support of the charges, and by the said Lieutenant W. G. C. Kent, in his defence, and what he had to allege in support thereof, and having maturely and deliberately weighed and considered the whole, the Court is of opinion, that it appears that the said Lieutenant W. G. C. Kent did sail with the said ship from Port Jackson, in the two instances stated in the above-mentioned charges, without the orders of the said Captain William Bligh; that he did not so ​sail under the orders of the persons asserted therein to have illegally and by force dispossessed the said Captain William Bligh of the government of New South Wales; and did not improperly strike the broad pendant of the said Captain William Bligh; that it appears that the said Lieutenant W. G. C. Kent, under the extreme and extraordinary difficulties in which he was placed, shewed every disposition to obey any orders which the said Captain William Bligh might have thought fit to have given him; that he was actuated by a sincere wish to perform his duty for the good of His Majesty’s service, and that be was justified in the conduct he pursued on such occasion: and the Court is further of opinion, that the said third charge has not been proved against the said Lieutenant W. G. C. Kent, and doth adjudge him to be acquitted of the whole of the above charges; and the said Lieutenant W. G. C. Kent is hereby acquitted accordingly. – Signed by the Court.
(Countersigned)Moses Greetham, Jun. Deputy Judge Advocate of the Fleet.”
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. In this ship he served under Captains Samuel Hood Linzee, William Kent, and Robert Rolles, until December following; when, having had the misfortune to lose his uncle, (who had ever been his patron and protector), and wishing for a more active employment, he was removed by Sir Edward Pellew (now Viscount Exmouth) into the Sparrowhawk sloop, Captain Thomas Ball Clowes, with whom he continued, as first lieutenant, until promoted to the rank of commander, June 15th, 1814.
​Whilst serving in the Sparrowhawk, whicK vessel was employed on the Malta station during the plague, this officer met with an accident, which caused him the most excruciating torture, and to be confined to his bed for a considerable length of time, blind of both eyes, and without surgical assistance, his messmate, the doctor, having been accidentally left behind at Minorca. He has been fortunate enough to recover the sight of one; but can scarcely discriminate objects at only a few yards distance with the other.
In 1816, Commander W. G. C. Kent volunteered his services, and urgently requested to be employed in the fleet destined against Algiers; but the expedition being on so small a scale, his application could not be complied with. He married, Dec. 80th, 1830, Susanna Elizabeth, third daughter of the late Mr. John Rankin, a merchant of Greenock, in Scotland, by whom he has issue, one daughter.
* ↑ See Vol. I. Part I. p. 301.
* ↑ Acting Commander Kent’s letter to Mr. Symons merely directed him to join the Lady Nelson, by Captain Bligh’s orders.
* ↑ Lieutenant-Colonel of the 102d Regiment (formerly the New South Wales corps), and Lieutenant-Governor of the territory of New South Wales. He died on board the Dromedary, on his passage home.
* ↑ For further particulars of the transactions at Sydney, in 1808, see the “Proceedings of a General Court-Martial, held at Chelsea, in May and June, 1811, for the trial of Lieutenant.Colonel Johnston, on a charge of Mutiny &c.” Published by Sherwood, Neely, and Jones, London.
* ↑ See p. 157.