The admission of goods liable to customs had been lax. The new settler landed his rum duty free, when intended for his own use; but smuggling was carried on to a large extent, and the protection of the revenue required a more severe supervision. The rigour was not always exercised with courtesy; and the vallise of Mr. Edward Lord, formerly acting-governor, was detained by the naval officer, with some expressions of indignity.
The merchants were deeply offended by the imposition of a duty at Hobart Town, higher than was fixed by Brisbane at Port Jackson, as injurious to their trade; and that duties levied prior to landing, were sometimes imposed on wines never actually delivered. They requested that the charges might be equalised with the other port, and that the excess already taken should be restored. In reply, Arthur not only refused to entertain the petition, but vindicated with great ardour the conduct of Hamilton, as a traduced and excellent public officer. Such was the answer to the merchants who complained of excessive and unequal imposts. Dissatisfied with the reply, they required the sheriff to call a public meeting, to address the governor-in-chief, the colony being still a dependency. This the sheriff, Mr. Dudley Fereday, declined, complaining that his honor Colonel Arthur was not mentioned in the requisition, and the object of the meeting not sufficiently defined. A meeting was therefore called to reprobate the ignorance and presumption of the sheriff; but the dispute ended without any other practical consequences than a wide impression that the government was despotic and contemptuous.
A more important variation between the colonies was displayed on the question of trial by jury. The magistrates of New South Wales were required to shew cause for the non-issue of a precept to the sheriff, to summon a jury. The rule _nisi_ was made absolute. Chief Justice Forbes decided that the magistrates derived their commission from the king, and not the parliament; that their functions and obligations were settled by common law; were not mentioned, and therefore not taken away by the act. The petty session thus traced its existence to the royal commission: the supreme court to the parliamentary law.