.

When the constitutional act approached its term, the colonists
determined to seek not only for trial by jury, but a voice in the
legislature. A petition adopted by a meeting held in 1827, was confided
to a deputation, who were instructed to forward it through Arthur, and
to entreat his concurrence with its prayer. A time was fixed to receive
them; but when at the government-house, they were met by a blundering
message, postponing the interview for one hour. Deeming themselves and
their constituents slighted, they declined a second attendance. Arthur
published a vindication of himself: he stated that business of great
importance with Mr. Curr, prevented his examination of the documents; he
had requested the delay only to prepare himself for the audience, and
regretted that the colony were deprived of his friendly offices by an
unreasonable caprice. This paper fell into the hands of the deputation a
few hours after the vessel had sailed with despatches for the secretary
of state. They considered this a manoeuvre, contrived to stifle their
defence; and instantly dispatched a fast sailing boat to pursue the ship
with an exculpatory letter.

By a circular of Lord Bathurst,[153] still in force, it was announced to
the colonists that their complaints must pass through the governor's
hands to the home-office. Duplicates without new matter might be
forwarded by other channels; but an answer could only be expected on
the arrival of the governor's report.

The violation of this rule the deputation imputed to the necessity of
the case; to counteract an attempt of the governor to evade its spirit.
Their promptitude was unavailing: for his share in the transaction, the
name of Mr. Gellibrand was expunged from the list of magistrates, by
Lord Goderich's orders.

The hostility of Arthur to the petition was well understood, and there
were many others who did not sympathise with its object. Sir John Owen
presented it to the Commons without a word. The ministers expressed
their desire to grant free institutions, so soon as the colony was ripe
to enjoy them, when Mr. A. Baring (Lord Ashburton) remarked that
colonies are never ripe for free institutions until they get them.

Mr. Marshall, the shipping agent, attempted to form an association in
London (1828), for the protection of these colonies. All persons,
commercially or otherwise interested, were eligible for membership. A
correspondence was projected with the leading colonists,