THE ADMINISTRATIVE PROBLEM. 83 



this sentence. The Governor demanded an explanation, and 

 they replied that they considered it their duty to enforce to the 

 utmost of their power the Order which " the executive power 

 has issued for the public weal, but at the same time they do not 

 think themselves vested with sufficient authority to send every 

 person out of the Colony for any disobedience of a colonial 

 order, which they conceive would be infringing the power of 

 the Governor ; and they further are of opinion that it is a matter 

 of great delicacy for them to pass any judgment on orders 

 issued by the executive authority ; that the power of the magis- 

 trates extends no further than finding the culprit generally 

 guilty of Governor Hunter's Order . . . leaving it to the 

 Governor to inflict the prescribed penalties ". l 



In other words " we think your Order is illegal and refuse 

 to take the responsibility of breaking the law ". To plead the 

 orders even of a military Governor would not have availed in 

 an English Court. 



There was, however, a middle path which, more often than 

 not. remained open. So long as the Governor's regulations 

 were within reasonable bounds, supplementing and not con- 

 flicting with the law, the necessities of the Colony formed a 

 sufficient justification for the colonial judges and magistrates. 2 

 This was the view generally held in the settlement. An ad- 

 dress to Macquarie in 1812, for example, thanked him for "the 

 considerable approaches already made under your Excellency's 

 Government, to model the laws that rule us after their revered 

 original, the blessings of which we sanguinely look forward to 

 your paternal efforts procuring us (in) all the plenitude we may 

 deserve". 3 



The Colonial Regulations took the form of Government and 

 General Orders or Proclamations. " At all times," wrote Bent, 

 " they emanate from the sole authority and will of the Governor, 

 and are made, revoked, altered or partially dispensed with as 

 that will directs." 4 But the Governor sometimes required the 



JRusden, History of Australia, vol. i., p. 252. See also H.R., VI., p. 104, 

 ist July, 1806. 



2 This was the view held by Judge- Advocate Wylde and Judge Field. See 

 Evidence of both in Appendix to Bigge's Report. R.O., MS. 



3 S.G., i8th January, 1812. 



4 Bent to Bathurst, I4th October, 1814. R.O., MS. 



