The tendency of undefined power to run into tyranny, is illustrated by
Macquarie himself. He had prohibited the entrance of strangers within
the government grounds, and to detect the offenders stationed constables
on the spot, who lay in ambush: three men and two servant girls were
captured and committed. The next morning, the men each received
twenty-five lashes, by the written order of the governor: the women were
detained in the cells for forty-eight hours. There was no appeal to law;
and the sole actors were the governor and the gaoler. A process so
simple was no longer to be tolerated: the public were alarmed.[103] The
assumption of magisterial powers was not compatible with the office of
the governor; but to authorise the flagellation of free men without
trial, for a perhaps innocent trespass, was both dangerous and unjust.
This was, perhaps, the last instance of such extravagant despotism, and
it exposed Macquarie to much inquietude during his life. That a person
so humane in his general character should forget the precautions due in
equity and in law, and punish arbitrarily for imaginary offences, proved
that no power is safely bestowed, unless its objects and extent are
minutely defined.
The civil, called the "Governor's Court," was instituted by George III.
in virtue of his prerogative. It consisted of the judge advocate, and
two inhabitants chosen by the governor: it was empowered to decide in a
summary manner all pleas in relation to property and contracts, and it
granted probates of wills.
When convicts contracted pecuniary obligations, the governor specially
withdrew them from liability to arrest; and told the creditors that in
trusting these debtors their opinion of their honesty must be their sole
guarantee: government could not spare "the servants of the public" from
their toils to answer the plaints of suitors.[104]
From its decisions, a cause could be carried to the governor; and in
sums exceeding L300, to the king in council.
Though unsanctioned by an act of parliament, this court departed widely
from the practice of England. Its authority was keenly disputed by
Bentham; and Commissioner Bigge, in stating its origin and operation,
hints a similar doubt.[105]
Public-domain text, read in full here on John Shaqi.
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