Prompted by this feeling, the emancipists formed themselves into
committees at all the settlements, and obtained the countenance of the
Governor to a plan for moving the British legislature, to correct the
anomalies of the law. At a public meeting, Mr. Redfern presiding, the
administration of Governor Macquarie was the subject of their glowing
eulogy. They predicted, that his name would be immortalised by the
gratitude of their descendants, who would remember his policy with
veneration. Against this meeting the judges protested, and professed to
foresee great peril to the dignity of their tribunals, and to the public
safety; but the calm and guarded proceedings of the emancipists avoided
the scandal, and gained their cause some support. The indignation of the
judges was unreasonable: in the administration of justice they had
usually protected the equitable rights of the emancipists; but it was no
reason for astonishment, that a large trading interest felt uneasy in
holding by indulgence privileges of so great importance, and were
anxious to obtain, by a declaratory statute, the remedy of their
grievances. Mr. Eagar was nominated secretary to their body, and
instructed to obtain parliamentary support: in this he was successful.
In the discussions of the Commons, the discontent of the emancipists was
condemned by the tories, and vindicated by the whigs. Peel charged
Macquarie with culpable neglect, in omitting to forward the lists; but
he observed, no general pardon had been issued for fifty years: what it
meant, was unknown! The Act required the Governor to send home the
names, and the Secretary to insert them in a general pardon; but he
could not tell in what manner to perform this duty. This was, he said,
of no practical moment: an individual might sue out a pardon, under the
great seal, without cost. He strongly opposed vesting by law in the
Governor, a power to grant absolute pardons--an interference with the
prerogative royal, and dangerous to public justice. To sustain this
opinion, he instanced the case of a man who had been transported for
forging a title to an estate, and who, under such a pardon, had returned
to Scotland to pursue his claim.
Public-domain text, read in full here on John Shaqi.
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