28o A COLONIAL AUTOCRACY. 



In ten years, from 1810 to the end of 1819, only eleven par- 

 dons had been granted or confirmed by His Majesty, and a 

 minority of these had been passed under the Great Seal. As 

 the Governor's pardon was effective in the case of crimes which 

 did not carry legal incompetencies, Field succeeded in somewhat 

 alleviating the hardship of the new doctrine. Thus when at- 

 torneys, being hard-pushed, took the "objection of attaint" 

 against witnesses, Field said that he " never allowed the wit- 

 nesses to answer the question, as I think it a dilemma too hard 

 to place any witness in, as if he tells the truth he disgraces 

 himself. I always tell the party who produces the witness to 

 exhibit the office copy of the record of the conviction. In 

 cases of this kind I have consulted the members of the court 

 as to the general character of witness produced. 



"Nor," continued Field, "can a man be examined himself 

 in those things, for he may not say anything to injure or in- 

 criminate himself. 



" The sting of the law is therefore, in this remote Colony, 

 where it would only sting itself to death, well and wisely taken 

 away by the law itself." x 



This rule he applied throughout, but it was clearly one which 

 " gave to the judicial authorities, the great power of determin- 

 ing how long and in what cases they may exercise that right". 2 

 This power "may equally be applied," wrote Bigge, "to the 

 convict whose term of service is expired, and who to all intents 

 and purposes is a free man, as to the convict whose term of 

 service has been remitted by the Governor of the Colony, and 

 who stands in the situation of a person holding a sign-manual 

 pardon ". 3 



Under these circumstances the emancipists were naturally 

 uneasy, and two decisions, one by Wylde in the Governor's 

 Court, and one by Field in the Supreme Court brought their 

 anxiety to a head. 



In the Governor's Court, Eager proceeded against Mr. Justice 

 Field on a charge of slander contained in a rebuke administered 

 by Field when acting as Chairman of the Bench of Magistrates 

 at Parramatta. Field pleaded that Eager could not bring a 

 personal action, having been convicted of forgery and not having 

 1 See Field to Bigge, above. 2 Bigge's Report, II. 3 Ibid. 



