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

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BR. DOUGLASS AN1> MR, MARSDEIT. IBydnej, Parramatta, and other places. On the 27th Sept* the Governor laid before the Council a petition frum Hannibal Macarthnr against the passing of any Bill to stay proceedmgs against magistrates against whom prosecution a had been commenced. Forbes presented a report by him- self 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 hira ** the necessity of causing a Bill to be laid forthwith" before the .Council '* havmg for its object to stay all proceedings** lagainst magistrates for ** intlictuag 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 tbe Peace of New South Wales and its dependencies, acting in execution of then* 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. Brisbaue dechjied to recognize an Attorney- GeneraFs 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 comjdying 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 recon- leider bis letter. Bannister suggested that a nolh' prosequi light 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 thts Government elsewhere till the pleasure of the Crown fcould be known." Bannister, considering himself dis* 'missed, was preparing to send his defence to England through the Goveinor ; but Brisbaue had no harsh inten- tion. The Eaan of whose words he was th^ *i^vkv. ^-^ij?* Forbes, aj]d Forbes did not mnh Uie B-orn^ &on%x^si^^^» "v*^