Page:History of Australia, Rusden 1897.djvu/632

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604 PRESS LAW. GOVERNOR AND CHIEF JUSTICE. by Judge Cowling, and their handiwork was obliterated. But it was engraven on many minds, and the scars were not removed for years. It is fair to record the fact that the libellers had been provoked by coarse denunciation of themselves as a class. In response to a despatch from Brisbane, Lord Bathurst (July 1825) directed the Governor to prepare, at "the earliest opportunity," a law to control the press, and insist upon periodic licenses before publication of any newspaper. Darling communicated with the Chief Justice on the subject, and showed him the despatch. Forbes hesitated to certify under the Act 4 Geo. IV. cap. 96, that the issue of a revocable license as suggested by the Governor was not repugnant to the law of England, so far as the circumstances of the colony admitted its appli- cation. Without Forbes' certificate (sec. 29) the Governor could neither lay before his Council nor pass into law any measure. He requested the Judge to state how far he felt himself " at liberty to sanction the measures directed by Lord Bathurst." Forbes evaded the question by saying he was " ready to certify any ordinance so far as I am author- ized by law." Darling sent him draft Bills, and Forbes declined to certify one which made licenses revocable at the Governor's pleasure. He begged that legislation might be postponed till the law ofl5cers in England could be consulted. He was anxious to avoid setting his hand ** solemnly to a certificate that a measure recommended by so high an authority as the Secretary of State is repugnant to the law of England." Darling replied that the safety of the colony was endangered by the licentiousness of the press, and duty forbade delay during tedious reference to England. He sent the Bills back as those which His Majesty's Govern- ment had directed, and which Forbes as Chief Justice was required to sanction. But Forbes was resolute not to certify a measure which he said was not consistent with the laws of England, and which he knew would subject his intimate associates to the discretion of the Governor. Darling caused Bills to be prepared in a different form. The revocable license was abandoned. On the 24th April 1827, he laid two measures before the Council. One — to prevent mischiefs ariamg iYom publications by "persons