To Ellis Bent, Lord Bathurst wrote in a tone of moderate rebuke. Recent correspondence had pointed out "too clearly that your uneasiness is excited … by the feeling that the system of government … and the nature of the situation which His Majesty's Government have thought it advisable that you, as its principal judicial officer, should continue to hold, render it impossible for you to discharge your duty with advantage to your country or to the Colony".[1]
The despatch to his brother was curt and uncompromising.
The Judge-Advocate was no longer alive when his letter of recall was written. Wylde thus filled an office left doubly vacant when he and Field left England in May, 1816. Shortly before their departure Wylde happened to see a newspaper paragraph referring to the emancipist attorneys in New South Wales. This was the first time he had heard of the matter, and at once he and Field pressed Goulburn to give them instructions how to act if further attempts were made to allow these attorneys to practise. Goulburn then told them that the Governor knew Lord Bathurst's opinions, and they must apply to him when they reached New South Wales. This they did, addressing to Macquarie a joint letter requesting to be furnished with instructions "in conformity with the directions and pleasure of his Majesty's Government as made known to your Excellency".[2] Macquarie quoted in reply a passage from Lord Bathurst's despatch of 9th April, 1816.[3] This he said was the only instruction on the point with which he had been honoured.
He gave, however, no publicity to this despatch, and to Riley and Broughton he stated simply that Lord Bathurst "did not confirm the practice of the men we had supported.[4] But for a few years after the arrival of Wylde and Field the question remained in the background, and the emancipists no longer appeared in the courts as attorneys.[5]
- ↑ Goulburn to Wylde, 20th May, 1816. C.O., MS.
- ↑ See letter in Appendix, Bigge's Reports. R.O., MS.
- ↑ Macquarie to Field and Wylde, 11th March, 1817. Appendix, Bigge's Reports. R.O., MS. Macquarie says 18th April, but the despatch is dated 8th April. See extract above, p. 230.
- ↑ Riley, C. on G., 1819.
- ↑ The question arose again in 1819. Crosley and a free settler, who was a solicitor, entered into a partnership, the former to do the real work, the latter to appear in court. The compact coming to the knowledge of Field, he crossed the
