In 1796, Theophilus Feutrill’s name appeared on an arrest warrant issued by the Governor of New South Wales. If found guilty, Theo could be executed. But will it be Theo or the Governor whose life is on the line?

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What you need to know is that civil and military tensions in the new penal colony of New South Wales were high from the outset—right from the first days of Europeans arriving in 1788.

In those days, the key players were Governor Arthur Phillip on the ‘civil’ side—charged with responsibility for the new settlement—and Major Robert Ross on the ‘military’ side—who was appointed lieutenant-governor of New South Wales in 1786. Phillip and Ross arrived in Sydney Cove together in January 1788 on the First Fleet.

With Phillip making all the decisions about the location of settlement and the rules governing the new colony, Major Ross was responsible for the New South Marines under his command.

Think for a moment. You are located in unfamiliar bushland, in a far-away foreign country, with no buildings or crops, and only the livestock and supplies brought with you on the ship to sustain you. Someone else is responsible for deciding where you’ll live. How things will run. Another supply ship is not due for maybe over a year away. It would take enormous confidence in that person to blindly submit to all their decisions. Your life is certainly in their hands. Major Robert Ross with his military experience was not that person to put his life in another’s hands. Almost immediately, Phillip and Ross clashed. Historians note Ross’s long and detailed criticisms of Phillip’s decisions and his government. Amongst other grievances, such as settlement location, Ross opposed Phillip’s schemes for organizing the convicts and refused to allow the military officers to help supervise the prisoners.

Ross began to actively work against Governor Phillip, making his administration task more difficult. Phillip endured this for over two years, but in March 1790, he saw an opportunity to remove the key source of friction from Sydney Cove, and sent Ross to take charge of Norfolk Island. Whilst this finally gave Phillip some breathing space, the British government had already decided to recall the fractious Major Ross and his New South Wales Marines, and a replacement military presence was already on its way—the New South Wales Corps—which included Private Theophilus Feutrill as part of the Second Fleet.

A double-edged sword

Governor Phillip must have welcomed Major Ross’s replacement, Major Francis Grose, and the New South Wales Corps with a high level of optimism. Certainly, Grose was reported to have been unassertive and easy-going, and appeared to give Phillip little cause for complaint.

However, Governor Phillip had to return to Britain in December 1792 to receive medical treatment and never saw Sydney Cove again. In his absence, Major Grose assumed control of New South Wales. The military was now in charge of the new colony.

Upon assuming command, Grose, amongst other things, replaced civil magistrates with military officers and appointed Lieutenant John Macarthur inspector of public works. The steps he took appear designed to reduce his own burdens and align his supporters more closely with the administration of the settlement. Some historians have suggested that at this time Macarthur became the de facto ruler of New South Wales, such was his influence with the governor.

Under Grose, the lot of the military improved, with increased rations, improved housing and land grants, with convicts paid by the government to work ‘private’ land. Grose encouraged officer farmer pursuits, contravening orders from Britain that the land holders had to pay for convicts working their land.

Soon, many of the civil and military staff directed more of their efforts to improving their personal gains at the expense of their duties. Trade, especially in liquor which became like a currency, became substantial, and Grose’s policies enabled the military to secure a hold over the colony, to exploit it for their own interests.

But then, Grose returned to England in December 1794. It was at a time when New South Wales was still importing essential requirements, but the colony was more sustainable and the spectre of famine no longer hung over the settlement. With Grose’s policies improving the quality of the settlement, Captain William Paterson—who assumed the role of administrator—maintained the status quo until Governor John Hunter arrived (he assumed office in September 1795). By this time, policies entrenched from military rule, which were impacting on the Treasury’s purse back in London, were going to be difficult to wind back.

Governor Hunter had a job ahead of him if he was to bring the military to heel—and to protect settlers from exorbitant prices charged by officers for goods. Hunter didn’t have a loyal public service. He didn’t have an obedient military. Orders arriving from London were erratic and some could take over a year to receive and implement.

Hunter also had other forces working against him. In the absence of a free press, Hunter’s superior, the Duke of Portland (one of three secretaries of state in London), relied not only on Hunter’s reports, but correspondence from residents in the colony, such as those from Lieutenant John Macarthur, who had his own agenda. Macarthur, as inspector of public works, and as a recipient of significant land grants, was in a position of influence. While Macarthur had the governor’s ear, the supply of convicts to officer farmers on the government’s purse continued, as Hunter became convinced that government farming was wasteful and inefficient. But Hunter soon realised Macarthur’s ambitions and later told the Duke of Portland that ‘nothing short of the full power of the Governor’ would satisfy the man.

Despite steps taken by Governor Hunter and with the constant communication from John Macarthur, the Duke of Portland continued to be unimpressed by his performance, but it is Hunter’s handling of the ‘Baughan affair’ which sets the tone for the rest of his career—and Theophilus Feutrill is right in the thick of this.

A “most violent and outrageous” conduct

It all started from a long-running feud between two ex-convicts: John Baughan, carpenter by trade and millwright, and an un-named man, carpenter-turned soldier, who were both being transported to America on the Mercury when it was overtaken by a convict mutiny. They were both re-captured, and sent to Australia onboard the Friendship as part of the First Fleet. Baughan was described as ‘an ingenious man’ who built two fully functioning mills, which helped feed the colony. He was rewarded through a grant of a small lease near Dawes Point, and given the role of Foreman of carpenters. He was also described as being ‘sullen and vindictive.’

On 4 February 1796, the carpenter-turned-soldier in the feud with Baughan was on sentinel duty at a storehouse near where Baughan was working. The soldier set down his arms against the wall of the store and left his post, to speak with a man he knew outside of the building in which Baughan was working. Much abuse was said about Baughan, intentionally loud enough for him to hear. Baughan slipped away unseen to where the soldier was meant to be on duty, and found his abandoned musket. Baughan took this to the guard-house, delivering it to the sergeant of the guard. The soldier was arrested and relieved of duty as a result.

Baughan’s action caused an outrage with the military, and it was determined to exact its revenge. The next day, a large group of military members stormed John Baughan’s neat, well tendered cottage and the mob broke gates, doors, windows, entered his house, chopped the corner posts off it, broke his bedsteads, bedding, chairs, window frames, drawers, chests…demolished everything. Members grabbed Baughan and threw him down with his face to the ground, whilst one held an axe over his neck and swore if he offered to stir he would chop the head from his body. At the end of the rampage, the soldiers went off cheering, as if something ‘meritorious had been effected’ and marched in a body cross the parade before their commanding officer’s house.

While David Collins noted in his diary that mostly ex-convicts-turned-soldiers were involved in the mob, Governor Hunter wrote to the Duke of Portland that it was ‘all off-duty members’. Hunter considered from the military’s actions that they were in a state of mutiny, and issued in Public Orders the paper no. 2. In the paper, the governor hopes to have found men amongst them who would have pride enough to have stood forward and pointed out the ringleaders of so mutinous conduct, for in no other light can it be considered than that of mutiny when the military assemble in such numbers unknown to their officers and by their bringing forward the ringleaders or advisers of this disgraceful conduct, in order that the stigma may be wiped away by such worthless characters being brought to trial for this shameful conduct.

As a smart man, John Baughan just wanted the affair over, and refused to identify the perpetrators. His wife, who witnessed the destruction, was fearful for her husband’s life should he pursue it.

Perhaps if it ended there…

As magistrate, Dr William Balmain visited the Baughans when he heard of the rampage. He threatened John Baughan with ‘obstruction of justice’ charges if he didn’t pursue the matter, and offered protection to him should he give evidence. After some days, four names were eventually given up. When the governor issued the arrest warrants, the military was further enraged at Balmain’s shamefully malevolent interference in the affairs of the Corps. One of the warrants was for the arrest of Theophilus Feutrill.

As the military were responsible for the enacting of arrest warrants, Lieutenant John Macarthur approached the governor and stalled the process. Thus began a test of strength between the civil and military authorities. As Theophilus fretted over his fate—he was facing potential execution if found guilty—a series of letters was exchanged between Judge Advocate Balmain (representing the civil authority) and Lieutenant John Macarthur (representing the military). Tempers frayed and insults given to the point that Balmain told Macarthur he was a base rascal and an atrocious liar and villain. Balmain then challenged Macarthur to a duel.

Who would prevail, and will John Baughan persist with the charges? What of Theo’s fate? What does Governor Hunter do that has the Duke of Portland reaching for his quill to issue new orders?

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Learn the outcome of the 1796 arm wrestle between the civil and military authorities. More Than I Ever Had is a novel based on a true story by Rae Blair, and is available world-wide on Amazon Kindle in eBook and paperback formats.

Image: Joseph Millson as Major Robert Ross in Banished TV-series