government. Forbes also associated freely with members of the emancipist party who assailed Darling's alleged severity towards the convict class. It was to himself that Bannister owed his fall. When on good terms with Brisbane, he had thought himself justified in refusing to draft a Bill indemnifying magistrates involved in the "Torture Proceedings." He now told Darling that "if the Governor is doing what seems to the Attorney-General to tend to bring the peace and welfare of the colony into danger, he is bound to state his opinion to the Governor." Darling replied that he would ask his advice on legal matters. "On all others I alone am responsible, and I can have no desire to place you in so unpleasant a predicament as that of giving opinions on subjects with which you have no right to interfere."
Deeming his salary inadequate, and having (he said) no time to eke out his emoluments by practising at the bar, Bannister had tendered his resignation unless the Secretary of State would sanction an increase of salary. Lord Bathurst took him at his word, and announced that "since it appeared to be his wish," a successor had been appointed; and Darling wrote to him:—"The acceptance of your resignation having been notified by the Secretary of State, I shall make immediate arrangements for placing the duties in other hands."
The retiring Attorney-General[1] having vainly requested the Governor to prosecute the Australian newspaper, placed
- ↑ Bannister considered himself harshly treated, and printed a defence for private circulation. He was bitterly attacked in Dr. Wardell's newspaper, the Australian, and was angry with Darling for declining to institute a government prosecution of the publisher. He had previously (June 1826) taken upon himself to caution the Governor against countenancing the press. Darling, it appeared, had invited Dr. Wardell to Government House. The Governor replied that it was impossible to suppose that the office he held was in any degree under the control, or subject to the animadversions of anyone in Bannister's position. Neither the King nor his Ministers had thought it necessary to prescribe his hospitalities, and, without meaning personal offence, he could not persuade himself that the Attorney-General was invested with any such authority. Darling, in declining to prosecute the Australian newspaper, said that the article complained of had not appeared till Bannister's resignation had been notified, and "the government could not interfere in such case without establishing a precedent which might subject it to serious inconvenience." Bannister, irritated at Wardell's unfounded insinuations as to his
