those who advocated and those who objected to such a measure stated openly, and to let Parliament judge with respect to the wisdom of adopting the recommendation he now alluded to."
In reference to the appointment of magistrates he was rather confused. He referred to the appointment of Lord and Johnson (probably a reporter's error for Thompson) as the appointment of the convict attorneys, adding that the appointments "were improper, and that it was the duty of the noble lord at the head of the colonial department to reprimand the Governor for so gross an outrage on property and justice".
Coming to the power of the Governor to inflict punishments he trod on firmer ground. "Governor Macquarie had thought fit, of his own free will, to cause three free settlers[1] to be flogged for what was called a contravention of the orders of the Governor in going through a hole in a wall into what the Governor called his park. … He understood indeed that the person in question[2] intended to institute a prosecution against the Governor on his return home, but that was no reason why the House should shut its eyes to the transaction. … Had the Governor had the good fortune to have a council, this and many other transactions of a like nature would never have occurred. Governor Macquarie might be unwilling to receive such a council, but why Lord Bathurst should put 20,000 persons and their properties under the unlimited control of one individual without any council to advise him, he was altogether at a loss to conceive."
The state of morals, the neglect of the female convicts, the number and unsuitable character of the licensed publicans, the giving of tickets-of-leave to persons "who had come out with their pockets filled by the crimes which they had committed in England," were all touched upon.
"The subject of the taxes levied in this Colony," he went on, "was also well worthy of attention." The Governor had levied taxes on commodities and there appeared to be nothing to prevent them from going further and levying a property tax; yet as New South Wales was not a conquered Colony, there
