Page:A colonial autocracy, New South Wales under Governor Macquarie, 1810-1821.djvu/84

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56
A COLONIAL AUTOCRACY.

Bligh's friends. Bligh himself was doubtful of the expediency of forming a Council, especially one with law-making powers. "It would," he said, "require a very just and wise man to go among them to form any code of laws."[1] John Blaxland, a "gentleman-settler," made a somewhat similar proposal for "a humane and enlightened Governor assisted by a Council ".[2] A Committee of the House of Commons on Transportation, which examined witnesses on the condition of New South Wales in 1812, also recommended the formation of a Council.[3] They considered the power exercised by the Governor of issuing regulations which might create new offences and assign new punishments too great to remain in the hands of one man. It had, they pointed out, already created dissatisfaction, and it could not be expected that, however well exercised, it would ever cease to do so. They proposed that the Governor should retain a right to act contrary to the advice of his Council, but that the dissentient members of the Council should in such a case be entitled to protest, and to demand that their protests should be transmitted to the Secretary of State. "The acquiescence of the Council would give popularity to the measures of which it approved, and its expressed approbation might have the effect of checking such as were evidently inexpedient."[4]

This Report was sent to Macquarie in November, 1812. In the covering despatch Lord Bathurst wrote that to this recommendation "His Majesty's Government feel no disposition to accede". The Governor was to be left unfettered by a Council. The difficulty of selecting suitable members, the discussions to which their opposition to the Governor and their protest against his conduct might give rise, the consequent formation of parties, the long time which must elapse before decisions of the

  1. Evidence to C. on T., 1812. Bligh perhaps thought it better to leave things as they were than to attempt to find such a Governor.
  2. Blaxland to Liverpool. H.R., VII., p. 230, 27th November, 1809.
  3. There is also an interesting paper of suggestions in the Colonial Office Records for 1809, and printed in H.R., VII., p. 113, etc., written by a Mr. T. W. Plummer and endorsed in Macquarie's handwriting. Plummer was probably the friend mentioned in Macarthur's letters who was a merchant of London. He proposed a Council for the Governor with legislative and judicial but not executive functions. It was to consist of the Governor, three officials and two magistrates elected by the inhabitants. The Governor was to have the power of overruling a majority of the Council.
  4. C. on T., 1812.