The
Rise
of
the
Colonial
Office
and the
Fall
of Slavery
1 9
1
predecessors,
to
levy
taxes
he
had no
right
to
collect,
to
make
and
en-
force
laws
that
were
invalid,
and
to
impose
on
free
Englishmen
an
arbitrary
administration of
justice
which denied
the
precious
right
of
trial
by jury
and
sometimes
punished
without
any
trial.
In
1817 the
highhanded
behavior of Governor
Macquarie
was
aired
in
the
House of
Commons,
following
a free
settlers'
petition
to
that
body
for his
recall;
and
it
began
to
dawn
on
the Colonial Office
and
the
ministry
that
they
would
have to
ask
parliament
to
supply
Australia
with
a
proper
constitution.
This entailed considerable
preliminary
in-
vestigation,
and
meanwhile Bathurst
warned
Macquarie
to walk
warily.
In
1819,
while
still
wondering
what
should be
done,
the
ministry
suf-
fered
a
withering
attack
from
the
opposition
benches
for
what had
been
done
in Australia. The ministers
sought
to
soften
the blow
by
declaring
that
a
radical
change
was
contemplated,
that
a
royal
com-
missioner
was
appointed
and would soon
depart
to
examine
the
whole
situation
in New South
Wales,
and
that
further
action
should
await
his
recommendations.
As
an
emergency
measure,
the
government
had
parliament
provide
a
legal
sanction for the
taxes
raised
in
the
colony.
4
From
this
time
forth
the relations
between
the Colonial
Office
and
parliament
were
the
opposite
of
what
they
had
been.
The
ministers
had
learned
a
wholesome
lesson.
Never
again
would
the
Colonial
Office
shield
itself
behind
the^royal
prerogative,
much
less
stretch
the
pre-
rogative
beyond
the
legal
limits.
The
department
would
rather
look
to
parliament
for
support
in
administering
the
colonies,
and
to this
end it
undertook
the
education
of
parliament.
In
1822
Bathurst
inaugurated
the
policy
of
publishing
an annual
"Blue
Book" for
each
colony.
It
was
he also
who,
under
the
impulse
of this
Australian
crisis,
developed
the
valuable
practice
of
sending
out
specially
selected
royal
commissioners
as
the
need
arose
to tackle
on
the
spot
peculiarly
difficult
problems
in
the
colonial
world.
5
The
commissioner
dispatched
to
New
South
Wales
in
1819 had
power
to overrule
the
governor,
who
resented
this
interference
with
his
authority
and
resigned
in a
huff;
and
the
voluminous
reports
of the
commissioner
were
the
basis of
the
first
Australian
constitution,
which
was
framed
in
the Colonial
Office
and
then
enacted
by parliament
in
1823.
The act
reformed
the
judicial
system,
invested
the
existing
taxes
4
By
an
act that
was
renewed
annually
until
the
new constitution
was
completed.
5
Commissioners
were
sent
to
Trinidad
in
1802,
West Africa
in
1811,
Malta in
1812,
New
South
Wales
in
1819,
the
Cape,
Mauritius,
and
Ceylon
in
1823,
and West
Africa
again
in
1824.