Forbes correspondence

Contempt of his instructions [underlined] (as to Executive Council being consulted in law – as to Houses to civil officers – as to rules & [indecipherable] for Boys & Factory. as to Church lands – for 2 ½ years – to retain patronage – reforms to [indecipherable, underlined] from [indecipherable] & no paper [crossed out])

D. 1. Is command to support the Chief Justice - by his [indecipherable] -

Endeavors to lower the Supreme Court in the esti– mation of the public – [underlined] publication of Secy [Secretary] of States' letter which led to libel in Australia Illegality of this govt. notice throughout – (a) see infra Writes improper letters to Mr J Stephen – to provoke him, & then writes to Engld. [England] to complain of him (a) Fosters private complaints against him – openly coun– –tenances the parties preferring such complaints – altho' he had before, decidedly [indecipherable] it - case of [indecipherable] Writes dictatorial letters to the C.J. [Chief Justice] in the performance of his duty – – improper letters in a private form – to influence – his opinions – Reports agt [against] C.J. countenanced by Gov. Attempt [crossed out word] to identify the judges with the news– papers, in order to bring them into distention with H. M. Government

C. 2 [words crossed out] Executive Council – intentions of H.M. in creating – Governor's [indecipherable] on assigning[?] govt – Never consulted except to back him in some acts of [crossed out word] an illegal and unpopular nature, for which he may shift the responsibility off his own shoulders - e.g. the case of Sudds the soldier, in which the Govr. [who was the accused crossed out] set himself at the Head of the Council - himself the accused party – & calling before him for examination officers who held their places at his nod – & allowing such officers to be bullied [underlined] & accused of paying [underlined] by the Col. Secy, because they did not say what he wished [all underlined] & McIntyre sent from Sydney to Moreton Bay - Makes noise for distribution of land, without their sanction [underlined] - altho' his [indecipherable] only are - the [indecipherable] him to grant land, with their advice [underlined] - Gives orders for occupations to such as he pleases, without committing them. The Confirmation Reports [indecipherable] of [indecipherable] land for two years [underlined]. under pretence that the land is not in condition to be assigned altho' the survey of these counties completed six months – [crossed out word] Letter of Corporation to him[indeciperable]

Interference with advice of justice – [underlined] 1. Sudd's case – Thompson's case – vindictive and cruel, under plea of preserving discipline – pretends to take Thompson from iron gang, on account of his good conduct, & then sends him in exile – the only punishment he was legally liable to.

[In margin] See note to Letter of Capt. [indecipherable initials and surname] – !!

2. Orders men removed by justices under N.S.W. act, to Port Macquarie, the bad penal settlement, to Norfolk Island, where all are worked in chains [last four words underlined] – See my notes – que of St. Donelan

3. Changes sentences of persons sentenced by Court at Newcastle – without reference to the Magistrates 4. Orders Sheriff [last two words underlined] to leave out certain persons from Jury [underlined] contrary to the positive [two words crossed out] words of act of Parlt [Parliament] [last three words underlined] & decision of Judge upon that act – que of Sheriff X 5. Directs [word crossed out] some Jurors to be exempted – and others left out [last two words underlined], [indecipherable] [indecipherable] – & the [indecipherable] which proceeded his [indecipherable] 6. Direct interference in appointing the [indecipherable] to the named [indecipherable] by the Court, in Piper's case [case name underlined]

Col. Stewart's Governor's eulogy – & insinuations agt "other officers" [previous five words crossed out] Stewarts [Stewart's] unofficer like conduct – in working govt men, carts & horses – on his private estate – binding his at [indecipherable] govt cottage [last two words underlined], opening X forging letter of Col. [indecipherable] to expedite his private & [indecipherable] Write to Capt. R. Forging L.G. to get convict mechanics – See [indecipherable] made known to the Governor – Robinson recalled – Stewart [underlined] eulogized [underlined] – & insinuations thrown out agt. character of "other officers" – probably agt me, because I would not plan D W in his power – & Stephen for not succumbing to his dictates [In margin 7.] Shameful neglect of executing sentences – Port Stephen's case [underlined] and case of "Jacky Jacky" [underlined] deferred from 24th Nov. – & then [indecipherable] The case of Cato [underlined] the native murdered at Newcastle X Cross X Moore

13th. Decr. 1826

Letters bet. the Governor & the Judges, relative to Gov's power of changing [underlined] sentences [underlined]

Sydney [indecipherable] Brisbane Cottage March 22d 1828

Dear Sir

I cannot leave the colony without requesting you to inform me whether Lieut Col. Stewart was correct, when he told me. "That you in" "Council had given it as your opinion, that the Act" "of 4 Geo IV :64 did not apply to this Colony, and" "that it was the duty of the Sheriff to attend to the Gaol."

He added "if your Sheriff have any thing to fear it is" "though your friend the Chief Justice, who in my judgement " " dictated the Letter the Governor sent home against " you." This conversation happened a few weeks before Col Stewart went to India as we were walking over the Race course from the Barracks to my residence

I am Dear Sir Yours truly Mackaness [?] To His Honor The Chief Justice &c

Answer

Sydney 23d. March 1828.

Sir,

I am extremely glad to find that my answer to your Excellency's letter of this date has been satisfactory; and I do not wish to press my inquiry as to the author of the report – I think it originated in the circumstance of my visiting Mr. Sydney Stephen's house on two successive days, while (as I afterwards heard) Captain Robison was there – I neither saw him nor communicated with him – my object was exclusively to adjust a matter which I feared might lead to some difference of opinion between Mr. Justice Stephens & Mr Justice Dowling – of the [four words crossed out] very extraordinary and contradictory tenor of the reports which I have been [word crossed out] exposed to in this Colony the