Page:History of Australia, Rusden 1897.djvu/240

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How, goaded by their position and tenijier, and aided by the plots of such intriguers, the Irish at last rose in rehel^— lion, must be told hereafter. Meanwhile their conspiraciel^B taxed to the utmost the powers of governors. Constitu* tionally a governor was supreme^ and there was little that he could not do, subject to the final decision of the Secretary of State. Thus were repressed hundreds of schemes whicl in ordinary communities would have engaged the lai; courts. No lawyer could arraign the government, no news paper could attack it, no public meeting could be held Tvithout its permission. The governor was always aU oifieer of the army or navy, and instruments to compG obedience were at his disposal. Thus order wao maintained! but Phillip had foreseen that ultimate welfare could only b§ secured by building up a civil form of government as soon as possible, and encouraging the introduction of respectable settlers, Grose had marred Phillip's plans by annihilating the magistrates' court, and had thus contributed to eviL It ii^ plain, however, that the Act of 1787 (27 George IIL, cap. 2) created what was called a civil, but was equivalent to military government. The Governor was martial, th4 Judge-Advocate w^as martial, and the Court of Jodicatui'^ was to contain six officers of the sea or land forces Sentences of death were within their cognizance. The Governor appointed the members of the court, and was to all intents and purposes the government. He had a giant*! strength in a community of which almost every free ras had been disciplined in the army or navy. While the settlement was eoniined to narrow compass he was more like a governor of a gaol or penitentiary than of an ordinary^ community; but his authority was practically supreme" He promulgated his orders l)y causing a manuscript notic to be read and posted in a public place. He had no legist lative body to advise with. He was himself the legislature Phillip appointed civil magistrates to administer the English law and bis orders. They were the Governor'^ court, his Aula liiffis; and the Governor sometimes ad* ministered justice there himself when his deputies were ill or engaged elsewhere. So untrammelled a position Bttracled Sir James Macldntosb, and induced him to writ