when
the value of an estate depended on the possession of bond labor. The
most remarkable deviation from this policy was in the instance of Mr.
William Bryan, a gentleman of considerable wealth, who was dismissed
from the magistracy, and deprived of all his servants in one day (1833).
Relying on the decision of the judges of New South Wales, he threatened
an action, but the law of assignment being changed,[166] it was quite
within the province of the Governor to recall a servant at any hour. The
discretion of the executive was never brought into legal question; but
the deprivation of a colonist in the midst of harvest, without public
inquiry into any alleged malversation, taught the settlers that their
fortunes were in the hands of the Governor. A London pickpocket required
a long course of instruction; but his services were no longer secure to
his master--a serious drawback from their worth.
The transfer of servants, once convenient to the government, lasted
until 1838, when it was finally abolished. It had been agreed by a
settler, named Silcock, to transfer a servant to Mr. Theodore Bartley:
on the application an endorsement was written--"the consent of the
servant is, in all cases, necessary." This led to a long correspondence,
in which several colonists took part. The settlers contended that, to
require the servant's consent, was inconsistent with his civil
condition; "tended to weaken the sense of submission and control," and
raise him into a dispenser of favors. A large amount of polite
recrimination enlivened this dispute, which perhaps ended as was
best--the last bond was broken.
FOOTNOTES:
[Footnote 159: _Courier_, 1829.]
[Footnote 160: Colquhoun.]
[Footnote 161: Arthur's evidence: _Par. Pap._]
[Footnote 162: _Gazette_, 1825.]
[Footnote 163: Murdoch's evidence: _Par. Pap._]
[Footnote 164: _Sydney Gazette_, 1829.]
[Footnote 165: _Bigge's Report._]
[Footnote 166: The 9th Geo. iv. enacted (omitting superfluous words),
"That any offender assigned _under_ 5th Geo. iv. shall not be assigned
by the master to any other person without the consent of the Governor,
who may as shall seem meet revoke such assignment and grant remissions,
as may be best adapted to the reformation of offenders, and revoke and
renew them as occasion may require, any act of parliament
notwithstanding."]
SECTION XII.
One of the earliest (1824) and chief difficulties of Governor Arthur's
administration sprang fr
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