"Can your Excellency," he continued, "really expect that I should under these circumstances make a communication to you from motives of cordiality and courtesy, which I am not bound to do officially, on the very point wherein your Excellency's conduct towards me has been so deficient in the delicacy, the etiquette, and the courtesy due to my rank and station? or that I should make an appeal to you[1] on a matter in which you not only formed but publicly expressed an opinion so opposite to my own? I have felt that on this subject, tho' from my commission I am peculiarly entitled to your Excellency's confidence, I am wholly without your Excellency's support; although I have every reason to believe that the steps which your Excellency has taken were without the knowledge and against the wishes of His Majesty's Ministers.
"Feeling it to be inconsistent with my dignity and independence as a judge to submit to any interference, or investigation, into my judicial conduct on the part of the Executive Government of this Colony, I shall decline entering into any further discussion with your Excellency on this subject except we are understood to meet on terms of equality and independence of each other: and have only to add that I have submitted to the magistrates in question such terms of accommodation as they may accept without compromising their own opinions, and which, if they refused, I shall be justified in considering that an improper attention to the interests and feelings of Mr. George Crosley (my own feelings being considered as a matter of minor importance) is the sole cause of the mischiefs and inconveniences which will result from the interruption of the proceedings of the Supreme Court. I beg to assure your Excellency that I shall be always anxious to evince my personal respect and to do all in my power that can contribute to the welfare of your Excellency's Government, and sincerely lament that any difference should have arisen to disturb our cordiality, which I shall be happy to restore in any way not inconsistent with my own honour, that of my profession and my station."[2]
- ↑ According to the charter, when the Judge of the Supreme Court was in a minority, the party against whom judgment was given might appeal to the Governor. But in such a case as this, of admission to practise, it is difficult to see how this cause could have been put into action.
- ↑ Bent to Macquarie, 31st May, 1815. Enclosure, D. 5, 1815. R.O., MS.
