Page:History of Australia, Rusden 1897.djvu/265

 I I Aug. 1805 Atkius, Marsden>, and Harris ailjiulk^ated iii a case at Parrainatta. Atkins then conveyed to the (iovernor his "doubt whether ^Yorki^g a private still could 1)>^ taken up in any other way tliau a disohedience of colonial regulation." In republishing Hunter'^ General Order agauist the ''engines of destruction" King called (Sept. 1805) for '*the aid of the officers civil and military, and particularly the magistracy/' to assist in suppressing the eL In June IBOCi lie asked Atkins and the magistrates to exj^lain their laxity in carrying out the law. On the 1st July Atkins, ^hijor Johnston, Hew S. Marsden, Thomas Jamison, Lieut. Ahlrott, Lieut. Houstoun, and l)r. Harris replied that they had at all times thought it their <luty to enforce to the utmost of their power the orders which tfaey «lo not think themselves vested with antticient anthority to send cveiy free person tnU of the colony for any disobedience of a colonial order, which they conceive would be infringing the power of the Movernor j and tiiey further are of opinion that it is a luattet' of ^'reat delirut^y for them to pass any judgment ou orders issued l*y the executive iiuthority ; that the power of the magiairates extends no further than finding the culprit generally guilty of a lueach of Governor Hunters order of 28th Feb. 1799, and your E.vcelloncy's snhaequcnt order of Sept. iSOij, leaving it to the (TOveiTior to inHict the prescribed penulties* '* Thomas Andei'son waa brought before the Bench charged with dis- obedience of the nrdei^ (aforesaid), which they tisink is clearly proved, and that he has incurred the penalties prescribed by said orders.' The seven enumerated maf^istratei^ sijirned the report. The fate of Anderarjn may he easily surinised. The com- promise devised hy the magistrates in order to leave the responsibility on the Governor was not one from whicdi the 1 man who had disarmed the military force at Norfolk Island in face of several hundred eonviets wai* likely to shrink. Many punishments were intlicted in 1806. The sorrows | of Joseph Holt, the Iiish rebel, previously sent from Sydney to Norfolk Island (for complieity in the rebellion in Sydney in 1B04) and the amiable character of his wife, eonnneiided him to Mr, Marsden and Mr. Arndell, a brother magistrate-^*! " The nntrnstworthiness of the *' Memoirs of Holt "' (etb T* C. Crokei', Lonflon, 1838; is shown by his narrative of this transaction. He says that Lt. Abbott was the magistrate who dealt with him, and makes other Btatementa ao inconijmtible with the facts that it would .seem that having kept no accurate contemporary record, his memory waa faulty when hft compiled bis memoii-a.
 * ' llie executive power hns issued for the pnUlic weal, but at the same time