These transactions, together with the "Stamp Act" to check the
circulation of newspapers, were noticed in the _Australian_ (May, 1827)
in terms of ironical praise; severe, but not beyond the ordinary license
of public discussion. On the arrival of Mr. Baxter, the attorney
general, the proprietor, Dr. Wardell, was prosecuted in the supreme
court, at the instance of General Darling. Judge Forbes pointed out the
violent straining of the inuendos, and through his charge led on to an
acquittal. Although chosen by the prosecutor, the jury were unable to
agree, and the defendant was discharged. The alleged libel stated that
the stamp act "would immortalise" General Darling "in the annals of this
rapidly improving colony, and act as a passport to the admiration and
grateful respect of posterity." The meaning extracted by the inuendos
was this: "It would render his memory for ever infamous, and cause his
name to be hated and detested by future generations." The judge justly
remarked, that between immortality and infamy there are many steps.
The struggles between the governor-in-chief and the opposition were
watched in Van Diemen's Land with interest. The same parties existed in
both colonies; but Judge Pedder did not participate the political
sympathies of Judge Forbes, and made no pretence to popular applause. To
those who check the abuses of irresponsible power something is due; but
when the balance of human infirmity is struck, it will not be always
found in their favor.[152]
The employment of spies has been charged on Arthur as a chief vice of
his government--a practice hardly less perilous to the innocent than
guilty. Shortly before his retirement from office, Mr. Humphrey, the
police magistrate, was denounced for corruption. Major Honner, who had
formed a disgraceful connexion with Anne Pope, a prisoner of the crown,
applied for her assignment to his service: this Mr. Humphrey refused.
The major then offered to produce evidence against this officer, on
condition that free pardons were granted to his witnesses, one of whom
was found to be his paramour. The governor declined to pledge a reward;
but Honner was assured by a member of the executive that, provided the
results were satisfactory, his recommendation would be favorably
considered. He forwarded a letter to the governor, who satisfied that
the imputation was malicious and incapable of proof, directed the
prosecution of the accuser. The transaction was unfortunate: the
negociation indicated that secret informers were tolerated, and that
pardons might be procured by a successful witness.
Mr. Humphrey, originally a mineralogist, who filled various offices from
the foundation of the colony, received a pension of L400; but soon after
died (1829). The governor eulogised in strong language his official
career.
Public-domain text, read in full here on John Shaqi.
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