Regulations (Martial Law for instance) in the case of the Governor's non-arrival at the dependency for which he sailed, or non-return home by stress of weather or perils of the sea."
He went on to discuss other powers of the Lieutenant-Governor. "As to the Lieutenant-Governor's power to appoint members of the Court, the Charter of Justice expressly gives him this 'in the absence of the Governor,' without saying 'from this Territory and its Dependencies'. But in both cases the word 'absence' must be construed secundum subjectam materiam. In the last case there is no question; and the question in the first case is, whether this is an absence to the intent and purpose of carrying on the state, which Governor Macquarie does not deny his late absence of three months was; for he allowed the Lieutenant-Governor to appoint and dismiss constables, to receive returns and reports, etc. Nor does he dispute the 'imminent risk' which called forth the regulation in question from the Lieutenant-Governor's 'zeal for the service'.[1] He only asserts 'Ita lex scripta est': as long as I am 'geographically within the vast latitude and longitude of the Territory either on land or at sea, nobody else can make Laws or Regulations for the Colony'. This is a question which I think a new commission should set at rest."[2]
Field's view seems to be supported by law and common-sense. The Colonial Office, however, left his letter unanswered. It was considered again in 1824, but as the Governor no longer exercised legislative powers, it was a matter of no further importance.[3] It was not only during the Governor's absence that business suffered interruption. Sometimes the whole administration was brought to a standstill, and the Colony as it were hushed to silence while the Governor and his secretarial staff prepared despatches for England, and while the vessel which was to bear them waited impatiently in the Sydney Cove.[4] As the one direct channel of communication between Ministers in Downing Street and ten thousand British subjects in the
- ↑ Quotation from Government Notice, 14th July, 1821.
- ↑ Enclosure to Field's letter to Bathurst, 1st August, 1821. See Erskine's letter and its enclosures to Bathurst, 15th September, 1821. The discussion led to a violent quarrel between Erskine and Field. R.O., MS.
- ↑ C.O., MS. Papers for 1824 to 1825.
- ↑ See, e.g., S.G., G.G.O., 22nd March, 1817.
