Forbes correspondence

House, and that your Excellency laid before the Council a letter of [original text crossed out] Mr. Mackaness who was the Sheriff, in which he [original word crossed out] consider ed the [original text crossed out] the Statute 4. Geo. 4. Chap. 64, [original text crossed out] [original text crossed out] for regulating gaols, as in force in this Colony, and at the same time an opinion of the acting Attorney General, and I think also of Mr. Carter, in which a different view was taken, and that I did express the opinion [original text crossed out] [original text crossed out] ascribed to me in Mr. Mackaness' letter. By what [original text crossed out] means he came to the knowledge of this fact. I will not [original text crossed out] conjecture. It were hard to offer any opinion [original text crossed out] upon the correctness of a [original text on this line is crossed out] statement so plainly affirmed on one side, and so nearly touching the honor of an absent party [original text crossed out] or the other. But [original text crossed out] [original text crossed out] [original text crossed out] from Mr. Mackaness marked [original line of text crossed out] [original text crossed out] reserve of manner toward me, for some time past, [original text crossed out] I contain no doubt that he believed what he states himself to have heard.

I have the honor to be Sir

Your Excellency's most Obt. humble Servt.

Signed / Francis Forbes

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Government House 13th of December 1826 Gentlemen, A difference of opinion being entertained with respect to the powers vested in the Governor of this Colony, by the 6th Section of the Act of Legislative Council, dated the 16th day of August last, N^o5; I am to request that you will take the said Act under your consideration, and favour me with your opinion as to the powers given to the Governor by the 6th Section as above. His Honor The Chief Justice and His Honor, Judge Stephen.

Sydney New South Wales May 14th 1830.

Sir, The event of my Court Martial being at length made known, I conceive there will be no impropriety in addressing you on the subject of it, from which I have hitherto refrained from motives of delicacy to your situation in the Colony – You will Sir, remember that you addressed a letter to the Governor respecting myself about the period of my Trial, which was afterwards given in evidence against me without any explanation of the circumstances which gave rise to a correspon= =dence so singular – I am advised that this letter afforded the strongest proof adduced to convict me of the first charge laid against me, and I feel convinced that Your Honor will do me the justice to supply the want which feelings of consideration towards you alone prevented me from supplying at the time by adducing you as a Witness on my behalf at the Court Martial. I now therefore request as an Act of Justice that Your Honor will supply me with a copy of any correspondence which passed between the Governor and yourself respecting me, as it may prove highly essential to my case to show that your letter was not a gratuitous communication, as also that Your His Honor Chief Justice Forbes

Your Honor was not prepared for the use being made of your Letter to which it was subsequently applied.

I feel extreme delicacy in making one further application to Your Honor, but trust the painful separation to which I am reduced will plead my Excuse and induce Your Honor to furnish me with a testimonial which may prove instrumental in relieving its Extreme pressure.

Circumstances have lately brought me within your immediate consideration, and I wish Your Honor to state whether my Court Martial in itself from what you knew of it or from what appeared of it thro [through] the agency of the Press induced you to regard me the less as a gentleman, or to repose less confidence in me in your situation of Chief Justice and ordinary of New South Wales

Trusting that you will favor me with a candid reply, I have the Honor to remain Sir Your most obedient and most humble servant R Robinson late Captain New South Wales [signature]