some of the points which it involves, as far as
otherwise I might have done, and it therefore may not be improper
in this letter to enter into some little explanation of such parts
of the report.

Although it does appear that a part of the prisoners were on that
evening in such a state, and under such circumstances as to have
justified in the view which the commander of the depot could not
but take of it, the intervention of the military force, and even
in a strict sense, the first use of fire arms, yet I cannot but
express it as my settled opinion, that by conduct a little more
temporising this dreadful alternative of firing upon unarmed
prisoners might have been avoided. Yet as this opinion has been
the result of subsequent examination, and after having acquired a
knowledge of the comparatively harmless state of the prisoners, it
may be but fair to consider, whether in such a moment of confusion
and alarm, as that appears to have been, the officer commanding
could have fairly estimated his danger, or have measured out with
precision the extent and nature of the force necessary to guard
against it.

But when the firing became general, as it afterwards appears to
have been, and caught with electric rapidity from the square to
the platforms, there is no plea nor shadow of excuse for it,
except in the personal exasperation of the soldiery, nor for the
more deliberate, and therefore more unjustifiable firing which
took place into three of the prisons, No. 1, 3 and 4, but more
particularly into No. 3, after the prisoners had retired into
them, and there was no longer any pretence of apprehensions, as to
their escape.--Upon this ground, as you, sir, will perceive by the
report, Mr. Larpent and myself had no difference of opinion, and I
am fully persuaded that my own regret was not greater than his at
perceiving how hopeless would be the attempt to trace to any
individuals of the military these outrageous proceedings.

As to whether the order to fire came from captain Shortland, I yet
confess myself unable to form any satisfactory opinion, though
perhaps the bias of my mind is, that he did give such an order.
But his anxiety and exertions to stop it after it had continued
for some little time, are fully proved, and his general conduct
previous to this occurrence, as far as we c