they cannot be legally altered or dispensed with by any authority short of that of the British Legislature.[1] … Those laws are much more ample in their provisions on almost all points mentioned in these regulations themselves—which if they are considered as comprehending the whole law of the Colony on this subject are very defective, as they totally omit several important matters, and from the unavoidable looseness with which they are worded afford but too many loopholes through which offenders may escape, as it is a known principle of our laws that all penal laws must be construed strictly, and no offender punished unless he is brought within their very letter. To introduce an abbreviation of the laws relative to the plantations in the Port Regulations would be a work of great labour, would swell them to an enormous size, and might be attended with the mischievous consequences which would result from any inadvertent omission. For these reasons I consider it more advisable simply to notify the masters of ships that in their trade and intercourse with this Colony they must govern themselves by those laws of which they cannot plead ignorance. The local purposes of the Colony undoubtedly demand consideration, but in providing for them the liberties and conveniences of others, should be as little restrained as the nature of the case will admit. Local circumstances, so far as they are connected with this subject, seem to be confined to the provisions necessary to adopt to prevent the escape of convicts and the indiscriminate importation of spirituous liquors; and excepting such provisions as may be necessary on these accounts, I see no reason why the intercourse with the Colony should not be on the same footing as the rest of His Majesty's foreign dominions. I know of no Act of the Legislature which directs otherwise."[2]
Macquarie attempted to combat Bent's legal argument by the usual resort to "the peculiar circumstances of the Colony". If it should happen that any of the regulations were contrary to a statute, then "the Port Regulations should be considered as the Warrant of Authority".[3]
As Bent persisted in his refusal to correct the draft,
