Page:History of Australia, Rusden 1897.djvu/561

Sydney, Parramatta, and other places. On the 27th Sept. the Governor laid before the Council a petition from Hannibal Macarthur against the passing of any Bill to stay proceedings against magistrates against whom prosecutions had been commenced. Forbes presented a report by himself on the whole subject and moved its adoption. With the aid of Colonel Stewart and Major Goulburn the report was adopted. The Archdeacon and the principal Surgeon opposed it. Against similar dissent Forbes carried a message to the Governor suggesting to him "the necessity of causing a Bill to be laid forthwith" before the Council "having for its object to stay all proceedings" against magistrates for "inflicting punishment after conviction, to compel restitution of property or disclosures of parties implicated." The Bill was initiated on the 5th Oct. 1825, and under the deceptive title of an ordinance to "stay proceedings in certain cases against Justices of the Peace of New South Wales and its dependencies, acting in execution of their office," became law. Saxe-Bannister the Attorney-General, when instructed to prepare the Bill, recoiled, and asked for the report made to the Governor on the facts. Brisbane declined to recognize an Attorney-General's discretion in framing Bills; but sent him the report. Bannister shrank from the task of drafting a Bill to indemnify such a practice as torture. He would be no party to it. Brisbane did not see that in complying with specific instructions Bannister could become a party to any law. Bannister's contention would "render him a third estate in the Legislature. I cannot consent to this; the Council will not consent to this,"—Bannister must reconsider his letter. Bannister suggested that a nolle prosequi might serve all needful purposes to protect magistrates. Brisbane consulted his Council, and refused to change his plans. If Bannister should decline to prepare Bills, the Governor would "seek for professional aid in this branch of the Government elsewhere till the pleasure of the Crown could be known." Bannister, considering himself dismissed, was preparing to send his defence to England through the Governor; but Brisbane had no harsh intention. The Esau of whose words he was the conduit was Forbes, and Forbes did not wish the Home Government to