The chief justice alone could pretend to independence: by his seat in
both councils he possessed a voice in the enactment and administration
of the laws--a subject of continual suspicion and complaint, and really
dangerous whenever the government was a party. The chief justice
ultimately resigned his seat in the executive council (1835). The
secretary of state had declared in parliament that legislative and
executive offices were incompatible with the proper functions of a
judge.
The great works of Arthur were attributed by his opponents to sinister
motives: those most frequently mentioned were the new wharf at Hobart
Town, the road to Richmond, and the Bridgewater causeway. Arthur
benefited by his fore-knowledge. The imputations of personal injustice
or corruption were unfounded: what he gained, others did not lose,
except by the common risks of a sale. Thus the property of the Rev.
Robert Knopwood, whom he was said to defraud, was several times in the
market: it was offered by advertisement many years before: its future
appropriation to commerce was predicted, and was described to enhance
its price. It was offered by Mr. Knopwood to Mrs. Hodgson for L800: it
was purchased by Mr. H. Jennings, a nephew of Mr. Gellibrand, senior,
without reference to Arthur; and was finally sold to his agent at a
small advance. The new wharf rendered the purchase highly advantageous;
but there was neither deceit nor oppression.
The great work he began at Bridgewater, where a magnificent causeway
forms the abutment of a bridge which connects both banks of the Derwent,
was a task of many years: many thousand pounds in value lie buried.
Arthur had estates in its vicinity. The other charges of corruption are
of a similar nature, even less substantial than these.
But although many of his works will perpetuate his memory while the
country lasts, they could only be justified by their connexion with
penal arrangements. The discipline prescribed did not admit of rapid
movement or wide distribution. Huts were necessary for the convicts,
houses for their officers, and various stores; and it was only on
extensive excavations that labor could be inspected with success. The
waste of expenditure was rather apparent than real. The objects
contemplated were not colonial; and thus, if the local obligation is
lessened, the ground of complaint is diminished.
Public-domain text, read in full here on John Shaqi.
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