230 A COLONIAL AUTOCRACY. 



Macquarie's forbearance in not exercising his power of im- 

 mediately suspending in extreme cases the officers under his 

 command was highly commended, but not the policy he had 

 advocated. 



" It is not," wrote the Secretary of State, " against the 

 opinions entertained by them, but against the manner in which 

 they were brought forward and acted upon, that the displeasure 

 of His Royal Highness is directed ; it was certainly competent 

 to the Judge- Advocate to express any legal doubts which he 

 might entertain as to the propriety of the new Port Regulations ; 

 feeling those doubts, it was equally his duty to have lent his 

 assistance in rendering the regulations finally determined on 

 by you as free from objection as possible. The remonstrances 

 of Mr. Jeffery Hart Bent against the employment of convicts 

 in the confidential situation of attorneys was equally proper, 

 nor am I disposed to sanction their employment in the Colony 

 under any other circumstances than those which existed at the 

 time, namely, there being but one other attorney in the Colony. 



" Both gentlemen had clearly a right to protest against any 

 act of yours which they conceived to be illegal or improper, and to 

 transmit that protest to His Majesty's Government ; but they 

 were not authorised, on the ground of difference of opinion, 

 either to withhold from you the legal assistance which you 

 required or to interrupt the course of judicial proceedings." 



At the same time the Governor was reminded that " the 

 Laws which regulate trade are, generally speaking, as applicable 

 to New South Wales as to any other British colony, and all 

 additional restrictions not heretofore observed must derive 

 their justification from the necessity of the case, from their 

 expediency with a view to the security of the convicts or the 

 maintenance of public tranquillity. The internal government 

 of the Colony must equally be guided by the English Laws, 

 modified by the usages which have always subsisted there, nor 

 can I perceive the necessity of applying to the present state of 

 the Colony any more restrictive measures of police than those 

 which were adopted in its infancy. You will therefore regulate 

 your future conduct as far as possible on this principle." l 



1 Bathurst to Macquarie, D. 66, gth April, 1816. C.O., MS. 



