ion, by judicial decisions, or by the oaths of sovereigns. He
asserted that the movers and ministers of these despotic proceedings
were liable, one and all, to the visitations of the most penal laws.[99]
They had legislated without warrant, had detained free persons in
bondage, levied illegal duties and imposed unconstitutional
restrictions, and had inflicted cruel punishments for crimes invented by
themselves. The apology for usurpation, was its obvious importance and
general utility; but no one will dissent from the strong indignation
expressed by the philosopher, at wanton violations of British law,
neglect of personal rights and parliamentary privileges.

Governor King, it is believed, first established customs.[100] Hunter
had assessed the property of the colonists, upon obtaining the consent
of several, for the erection of a gaol.[101] The poorer inhabitants
refused to comply with the levy, and were threatened with vengeance:
they knew that however useful, such taxes were illegal though otherwise
just. Thus, although legislation was not shadowed by the parliamentary
act, the governors assumed it in its amplest form. Among the earliest
were orders respecting the production and sale of spirits: to this, the
oriental penalty was attached--"his still shall be destroyed, and his
house pulled down." Infraction of this law was subsequently punished by
imprisonment and transportation.

Of torture, to extort confession, we have ample proof, both written and
traditional: of one Collins observes, "when he trifled he was punished
again; he then declared that the plunder was buried. He went to the
spot, but could not find it; he was then taken to the hospital." Another
was tortured in the same form; but, adds the judge, "the constancy of
the wretched man was astonishing:"[102] he was in consequence acquitted!
This practice continued for twenty years, and in 1825 a prosecution was
instituted against a magistrate for attempting to extract confession by
torture.

The tendency of undefined power to run into tyranny, is illustrated by
Macquarie himself. He had prohibited the entrance of strangers within
the government grounds, and to detect the offenders stationed constables
on the spot, who lay in ambush: three men and two servant girls were
captured and committed. The next morning, the men each received
twenty-five lashes, by the written order of the governor: the women were
detained in the cells for forty-eight hours. There wa