The arrival of General Darling was a time of festivity: he proclaimed
the independence of the colony on New South Wales, December 3, 1825.
While present, he was entitled to govern; but when he set sail, Arthur,
who had been addressed as "Your Honor," assumed the authority of
governor-in-chief, and, responsible only to the home-office, became "His
Excellency." The colonists were less delighted with the possession than
the prospect of a chief governor; although the spirit of General Darling
was not more favorable to the enlargement of their liberties.
The legislative and executive councils were appointed, consisting of
officers of the government: among them, it is said, a relative of
Spencer Perceval, the statesman. He had been nominated to an office in
this colony, but he never arrived; his name is, however, second on our
first list of legislators.
The division of the island into police districts, subject to a
stipendiary magistrate (1827), brought the prisoner population under the
more direct control of the government. It was a great improvement in the
internal discipline of the colony. Gentlemen, themselves masters, were
liable to the bias of a position full of vexation and disappointment,
and less favorable to a cool and impartial administration of justice.
The executive revised their sentences, and thus reflected on their
judgment. Nor were they willing always to spare the time required by a
patient investigation, or to distinguish between a frivolous and a
proper defence. Some curious examples of magisterial equity are often
told: one rose from the bench, when he heard his waggon in the street,
and delivered his sentence in his progress towards the door--"I can't
stop: give him fifty." A cattle stealer owed his life to the same
impatience of enquiry: before the charge was half investigated, the
magistrate said, "give him fifty"--an easy compromise with the hangman.
A reverend gentleman met a party of men brought up for disobedience: he
sent them back, with "ah, well, give them five-and-twenty all round." It
was common to send a note with the man whom it was intended to punish:
he was flogged, and sent back. A man, suspecting the contents of such a
missive, gave it to his fellow-servant, who was flogged in spite of his
protests. Another, who had been on a similar errand before, returned
next day to his master, complaining bitterly of his suffering; but he
had destroyed the note and eluded the triangles. Such eccentricities of
justice could not last beyond the rudest era.
Public-domain text, read in full here on John Shaqi.
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