THE ADMINISTRATIVE PROBLEM. 55 



important proceedings, especially such as involved expenditure, 

 to the Secretary of State before taking action in regard to them. 



In addition to his responsibility to the Ministers of the 

 Crown, the Governor was under the restraining influence of 

 English law. He looked forward to a return to England at 

 some future time. When he did so, however, any illegality 

 committed by him in New South Wales might be questioned 

 in the English Courts. He could plead there neither Com- 

 mission nor Instructions. For all practical purposes a despot 

 in New South Wales, in England he was a plain citizen subject 

 to the ordinary course of law. 1 



From the time of the Colony's foundation the Governor had 

 acted without a Council. Hunter had keenly felt the need of 

 one to share his responsibility and help him with legal ad- 

 vice. But he thought such a Council should consist of civilians, 

 and to this there was an insuperable difficulty. For it was in 

 the task of putting an end to the liquor trade that he wanted 

 advice and support, and there was scarcely a civilian in the 

 settlement who was not himself engaged in this "nefarious 

 traffic". 2 King, who superseded Hunter in 1800, when the 

 drink traffic was at its height, with "the unpopular task of 

 becoming a reformer " before him, was well aware of the isola- 

 tion in which he stood. 3 " Confidential persons to assist me," he 

 wrote, " I brought none." 4 Yet even from Government officials 

 he expected and obtained no support in his work of reformation. 



With regard to King's successor Bligh, Crosley, a famous 

 convict attorney, wrote in 1817 that he had been employed ten 

 years before in " giving legal advice to the Governor and Magis- 

 trates of his Council assembled to oppose the rebel party". 5 

 The gathering, however, was not deserving of so fine a name, 

 for it can have been nothing more than an informal meeting of 



1 The Commission and Instructions of the Governor of Cape Colony at this 

 time were almost identical with those of the Governor of New South Wales. 

 See those issued to Earl Caledon, ist August, 1806, printed in Cape Records. 

 See also Theal, History of South Africa, Hi., pp. 133, 134. See also Chapter X. 



2 Evidence before C. on T., 1812. 



3 Memorandum of King, quoted in Rusden, History of Australia, vol. i., pp. 

 227, 228. 



4 Same. King did a great deal of good work in suppressing the drink traffic, 

 but he had a very difficult and unpleasant term of office. 



5 Crosley's Petition to Lord Bathurst, 1817. R.O., MS. 



