The chief objection to these banks was their tendency to create a class of absentees, whose revenue withdrawn from the colonies would add nothing to their welfare. To this it was replied, that the repayment was intended to be made from profits the colonies would divide with the London capitalist, which, except for his assistance, could not be obtained.
The last business address of Arthur to his council, expressed his antipathy to the London bank, and his hope that the monopoly attempted would not be successful. He asserted that the proprietary, an absentee body, had no interest but their own to regard, while the local banks were colonial in every sense. These were his views of finance, and they were characteristic of the time.
SECTION XIV
"The glorious 23rd of May!" Such was the day and month of 1831, separated by those who witnessed its achievements to everlasting renown. The excitement of the campaign against the blacks (see vol. ii.) had absorbed political animosities, and brought all parties together; but by this time the popularity of the governor was spent. The struggle for parliamentary reform agitated Great Britain, and the colonists determined to attempt the recovery of their rights as Englishmen. So lively was the interest in the affairs of Europe, that the tri-color was mounted by more ardent politicians. The last wave of revolution, which had scattered thrones, rippled on these shores.
A meeting was called by the sheriff, and the principal speakers were the Gellibrands, Crombie, Cartwright, Abbott, F. Smith, Meredith, Lascelles, Gregson, Dunn, Jennings, Kemp, Hewitt, and Lowes: of these, none were so conspicuous as Mr. Thomas Horne (a relative of the great Horne Tooke), afterwards puisnè judge, and who was described as the "honest barrister" by the admiring press. "If crushing," said the learned civilian, "is to be brought into operation, no doubt I shall be crushed. Let them crush me, and they will associate my name with the record of this meeting, which history will preserve to the latest period of time." The object of the movement was to bring under the royal notice the government of the colony, and to demand trial by jury, and a legislative assembly. The petition to the king was entrusted to the custody of Mr. Sams, who was proceeding to Great Britain. Whether it ever reached the throne was a matter of dispute: some said it had been committed to the deep, with much solemnity; others, that it had passed from the messenger to the hands of a merchant, who disregarded its fate. It obtained no reply.
The colony had just reason to complain at the time. The supreme court had been closed for many months: the business of the legislative council detained the judge and attorney-general from their proper functions, and for nearly two years no gaol delivery had occurred at Launceston. Two persons, father and son, charged with cattle-stealing, had been two years awaiting trial, when they were both acquitted. The evidence against them was of the slightest description; yet during their detention domestic calamities of all kinds had overtaken them.
The delay was still further extended by the issue of a new charter, and with the usual incaution of the secretary of state. This charter arrived 1831: it nominated Mr. Pedder chief justice, and Alexander Macduff Baxter, puisnè judge. It made no provision for continuing process begun in the late court, and required colonial legislation to cure the defects of its details.
Mr. Baxter, the puisnè 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]