NEW SOUTH WALES AND PARLIAMENT. 311 



taxes without being warranted by his commission to do so- 

 even supposing such a power could have been legally granted 

 to him by the King. The position was at the moment rather 

 peculiar. Shortly before, the Colonial Office had received a 

 despatch from Macquarie conveying important news. 1 



"... I have to observe," he wrote, "that a serious and 

 weighty difficulty has been started by our present Judge of the 

 Supreme Court in regard to the legality (of the colonial duties) 

 . . . which until obviated by some measure from Home will 

 necessarily tend to render the raising of a revenue in this 

 country, by the present mode, at once precarious and dangerous. 

 A letter from Mr. Justice Field ... on this subject being in 

 my mind very full and clear, although I cannot altogether 

 accede to the expediency or even propriety of our Law Courts 

 acting thereon at this time, I do myself the honour to transmit 

 your Lordship a copy of it. ... " 



The Judge's letter (dated 2jrd February, 1818) had been 

 called forth by the Governor's intention "to institute several 

 suits in the Supreme Court for the recovery of customs duties ". 

 On considering the question, Field decided that as he could not 

 "cherish the least doubt that we must (and as I understand 

 that we soon shall) have an Act of Parliament for the purpose 

 of legalising those duties which your Excellency had thought it 

 expedient to impose, may I be forgiven if an anxiety to prevent 

 the public discussion of a question, in which I might perhaps be 

 forced to give an official opinion against the present legality of 

 such duties, induces me to request your Excellency to instruct 

 the solicitor for the Crown to forbear to proceed in the suits in 

 question for the present. 



" I am informed that the payment of these duties has never 

 yet been attempted to be legally enforced in the Colony, and 

 that your Excellency is so satisfied that there ought to be an Act 

 of Parliament for them, that you have hitherto only reported 

 defaulters home, and not felt yourself justified in arresting their 

 flight from the Colony. 2 I have not the least doubt that the 



1 D. 3, isth May, 1818. R.O., MS. 



2 The only case on which there is any evidence is that of Blaxcell, and in 

 that instance Macquarie did his best to prevent his escape. There is nothing in 

 Macquarie's despatches which suggests that he took the views here attributed to 

 him by Field. 



