Mr. Baxter, the puisne judge elect, had been attorney-general of New
South Wales. His relations with Darling had not been cordial, and he was
disgraced in the eyes of the public by domestic differences: his wife
was insane, and he himself was intemperate. Just before he left Sydney
for Van Diemen's Land, he was bound over to keep the peace, and was
declared insolvent. On his arrival, the royal warrant for his induction
had not reached the colony, and after some delay he returned to New
South Wales, and thence to Great Britain, where he died. Mr. Baxter
ascribed his ruin to his grant from the crown: he employed persons to
look after his estate, and they conducted him to beggary.[185]
The lieutenant-governor resolved, if possible, to exclude Baxter from an
office which he could only dishonor, and passed an act, pronounced by
the lawyers a piece of "doubtful and dangerous" legislation, by which
the clause of the charter requiring two judges was expunged, thus
constituting the court of one. The act of parliament, however,
authorised the measure: the council had power to repeal or annul a
patent, until the pleasure of the crown were known. The act was
approved, and remains among the laws. Occasions might occur, when the
course of justice would be arrested in a small community by requiring
many officers to constitute a court.[186]
The reformers were not disheartened by their failure: they assembled
again the following year,[187] at the request of the Hornes, the
Gellibrands, and the Gregsons. The effort was unavailing. In 1834, it
was renewed with still more earnestness: the former parties, reinforced
by many important accessions, maintained the popular cause. Repeated
disappointments excited some bitterness, which was expressed in strong
terms.[188] Mr. Thomas Horne reminded the home government that they
would make "a dissatisfied and turbulent people, ready to use their
power, and assert their rights, if necessary, by force of arms." He
advised the oblivion of minute grievances, and said, "were the angel
Gabriel to propose one measure, and Satan another, if he considered
Satan's the most politic, he should have the honor of adopting it."[189]
But neither importunity nor threatenings prevailed.
These efforts were renewed in the following year; but in 1835 some of
the chief advocates of a legislative assembly deprecated the penal
institutions of the colony, and proposed that all convicts, on their
arrival, should be set free: of this plan, Mr. R. L. Murray was a
distinguished advocate.
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