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To the Right Honorable His Majes-
ty's Secretary of State for the
Colonies.
Sir, — I have the honor to solicit your
attention to the constitution of the Execu-
tive and Legislative Councils of this Co-
lony, in connexion with the very extra-
ordinary proceedings detailed in the other
three letters which I have had the honor
to address to you by the present convey-
ance. As these letters are intended for
the information of the public in England,
and more particularly of the Members of
Parliament who are likely to take an
interest in the affairs of the Colony, I
must take the liberty to enter into expla-
nations of matters with which you must
already be officially acquainted. The
Members of the Councils are—
The Governor, both Councils.
The Chief Justice, do.
The Rural Dean, do.
The Colonial Treasurer, do.
The Colonial Secretary, do.
The Attorney General, Legislative.
The Collector of Customs, do.
The Chief Police Magistrate, do.
Charles Swanston, Esq., do.
Thomas Anstey, Esq., do.
Thomas Archer, Esq., do.
John Kerr, Esq., do.
richard Willis, Esq., do.
Charles M'Lachlan, Esq., do.
W. A. Bethune, Esq., do.
Besides the first five on the list, Col.
Leahy, of the 21st reginieni, is a Mem-
ber of the Executive Council. Of the
Legislative Council, you will observe
that seven besides the Lieutenant Go-
vernor are Government Officers, enjoy-
ing amongst them, besides allowances,
salaries amounting to about £6,000 per
annum, and all of them, except the Chief
Justice and Rural Dean, are liable to be
suspended or removed by the Lieutenant
Governor. Indeed, the Colonists have
witnessed the removal of the holders of
each of the last five offices by Colonel
Arthur's Act, confirmed and approved
by the Secretary of State, which confir-
mation excited the astonishment of every
man in the Colony, in the cases of the
suspension of Mr. Gellibrand, Mr. Gor-
don, and Mr. O'Ferral, and in the ap-
pointment of Captain Forster. But my
present object is, merely to point out the
preponderating influence which Colonel
Arthur possesses in the Legislature, by
a majority of place-holders who can be
removed by him for reasons which it ap-
pears are always made to prove satisfac-
tory to the Secretary of State, however
unsatisfactory they appeared to the Colo-
nists, who being on the spot, and knowing
all the inducements, were better able to
come to a correct judgment on the matter.
When a Legislative Council was first ap-
pointed for the Colony, the inhabitants,
however dissatisfied with the mode of
selection, entertained hopes that this
Council was, at least, intended to form
some control over the arbitrary acts of
any Government who might rule the Co-
lony, and although they saw in the list,
particularly for filling vacancies, the
names of persons who, from sheer inca-
pacity, were unfit to take any useful or
Creditable part even in the Meetings of a
Benefit Society of operative mechanics
or common labourers, still tHey hoped,
that there would always be a majority of
votes not evidently connected with, or
dependent upon the Local Government
for their daily bread. But any man
who looks at the list of the present Le-
gislative Council must see, that in aNy
case where the Governor may take a
decided part, the Council is of no man-
mer of use except to register his Will.
The appointment of Captain Montagu
and Captain Forster, both Government
Officers, and near family connections of
the Governor, bears so unequivocal a
construction, that it would be superfluous
to offer any remarks on its evident indeli-
cacy to say the least ; should Colonel
Arthur endeavor to justify those acts,
by saying that he could not find other
competent persons who would support
his measures, the people here would
reply, that so far is such an assertion as
regards competence incorrect, that if the
King were to grant us aN Assembly of
fifty Members, to be elected by the peo-
ple, there would not be more than three
of the present Members returned, and
every man sent to the Assembly would
be as well qualified for a Legislator as
any man who now sits in the Council. As
that body now stands the people look
upon its existence as a very great griev-
ance, and calculated only to shelter the
Governor from the responsibility which
ought to rest upon him. Such is the
force of this impression, that I have
heard Members of Council say, when
blamed for absenting themselves when
any obnoxious measure was before the
Council, ' Why should I atteNd to
sanction by my presence what I know is
bad, and bear a share of the public odium,
when My presence can have no effect in
preventing it from being carried into
effect.' Indeed there are only three,
who are not considered the Governor's
Members, who regularly attend the
Meetings, so that the Governor has
always a majority of nine to three, on any
question where the Executive may be
opposed to the interests of the people.
Messrs. Anstey and Archer never attend,
and of the remaining four, Messrs, Kerr,
M'Lachlan, Bethune, and Willis ; mere
are only the three former whom the peo-
ple would expect even to express a word
dissentient from any measure on which it
was known that the Governor had decid-
ed in his mind. Little as the Home Go-
vernment appear to think the unfortunate
free inhabitants of this Colony worthy of
their consideration, it may have escaped
notice, that when the Revenue of the
Colony was last voted away in the Ap-
propriation Bill, it was done entirely by
Government Officers, each voting the
public money to himself and his col-
leagues, although it is said, that two
Members, who are not Government Offi-
cers, were present. But it is not necessary
to enter into further explanation, to shew
that it really is what the people consider
it to be, the most perfect mockery and
insult that could be inflicted on the Co-
lony, and yet this body takes upon itself
not only to levy taxes that are not consis-
tent with the rights of Englishmen, but
it passes laws to take away the personal
liberty of free Englishmen, and subject
us to arbitrary imprisonment (under the
Police Act) at the discretion of convicts
— nay, it goes farther, it make laws to
' take life,' and to effect this, repeals a
clause in a very recent British Statute,
whereby this Council has made sheep and
cattle stealing a capital offence, thereby
turning the laws into perfect ridicuie, for
it is known to every thief in the Island
that Colonel Arthur dared not execute
any man under this Colonial Death Law
without incurring the guilt of murder.
Whatever the Secretary of State may
think, the people here know that the
Legislative Council is a mere Autarnaton
in the hands of the Governor, which he
can mould and fashion to his pleasures
by always getting rid of any member
that would vote or speak contrary to his
wish. Messrs. Burnet and O'Ferral,
(for Government Officers,) and Messrs.
Gordon and Cox, were generally looked
upon as possessing some degree of inde-
pendence in the Council, Messrs. Gor-
don and O'Ferral were fairly turned out
by Colonel Arthur, and his conduct was
approved by the Secretary of State.
Mr. Cox retired in disgust, and Mr.
Burnet was conveniently got rid of by
means which are known to you before
this reaches you, and which although I
am acquainted with them, I do not choose
at present to publish on account of the
respect I bear Mr. Burnett. Convinced
that when you look at the present expos-
ure of the Executive in the Police-of-
fice, the detection of deliberate undeni-
able falsehood in official documents. You
will pause before you will allow much
weight to attach to the case that has been
got up against Mr. Burnett, particularly
when you consider that Capt. Montagu,
the relative of Colonel Arthur, and bro-
ther in law of Captain Forster another
of Colonel Arthur's members of Council
is appointed to succeed Mr. Burnett.
This is sufficient to attach suspicion to
the whole proceeding. And surely,
Ministry will not resign this fine Colony
entirely as a family fief to Colonel Ar-
thur ; even, if it be their pleasure to af-
flict the people of the Colony with His
Excellency's personal rule for life. It
would be injustice to Captain Montague,
not to acknowledge his qualification for
the office which he holds, both by his ha-
bits of business, dispatch and industry,
Under any other Governor, and subject
to the constitutional controul of a Le-
gislative Assembly, there is probably no
man in the Colony so well qualified to
fill the office of Colonial Secretary as
Captain Montague. But after what I
have related in these letters, and parti-
cularly the diclosures made in the case
of Mr. O'Connor's grant, I trust it will
be evident, that the present predomin-
ance, of family and official influence in
the Legislative Council is inconsistent
iwth the well being of the Colony, and
the confidence with which the people
ought to rely on His Majesty's Govern-
ment. Before concluding this letter, I
would respectfully beg your attention to
the examination of the acting Clerk of
'he Council, at the Police Office, and to
request that you will compare it with the
reasons assigned for Mr. Burnett's re-
tirement from the office of Colonial Se-
cretary ; before you decide on the con-
firmation of Doctor Turnbull as Clerk
of the Council, which it is understood
here has been recommended by Colonel
Arthur. I trust that it is quite unne-
cessary for me to recapitulate that ex-
amination or to offer any further com-
ments upon it ; but I would submit to
your notice, that this gentleman, from
being a Division constable and Pound-
keeper with a salary of £25 a year, is
now from a plurality of offices in the re-
ceipt of £732. 10s. of the public money,
namely —
As Private Secretary.. . . . £300
Acting Clerk to the Council,
half salary ............ 250
Assistant Surgeon ....... 180 10
Attention to this statement will enable
the Secretary of State to form a correct
estimate of the duties attached to each of
these offices, and to regulate their future
emoluments accordingly. It is true that
the union of so many offices in one indi-
vidual, has made it necessary to employ
an extra number oi subordinate clerks
in the offices of the Councils and Private
Secretary's, which costs the public an
extra sum of £520 for four clerks in those
departments, making the whole expence
of those offices, including the £250 half
salary supposed to belong to Captain
Montagu the de jure Clerk to the Coun-
cil, amount to upwards of £1500, besides
the rent of a Government House and
garden occupied by the Pluralist actling
Clerk. I trust, Sir, that those facts will
attract notice from yourself, or from some
independent member of Parliament, in a
shape that will produce good to the Co-
lony. I am aware that the publication
of them will be productive of much pre-
sent inconvenience and suffering, for I am
already informed of four libel prosecu-
tions being pending against me, for pub-
lishing the facts which I have ventured
to bring under your notice ; but I feel
confident that they will be productive of
results which will ultimately indemnify
me, for any temporary suffering that may
be inflicted upon me, and while I can
command writing materials, nothing will
prevent me from communicating to you
and to the British Public, much that yet
remains undisclosed of the abuses which
exist here. — I have the honor to be,
Sir, &c. Gilbert Robertson.
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