[7] Thomas Austin commanded a militia regiment in the Eastern Townships during the Lower Canada Rebellion, and was brought onto the Special Council in 1838 by Sir John Colborne, as a replacement for Ichabod Smith of Stanstead.
[4] The situation described by Martin Wiener on Austin's appointment as Chief Justice of the Bahamas in 1880 was of domination by "Bay Street", a clique of white landowners and merchants.
The arrival in 1884 of the reforming Henry Arthur Blake as Governor saw moves to promote racial equality and economic equity, and a justice system that would convict white criminals.
[13] Taking action against local corruption, and resisting pressure to dispense justice for inducements, Austin found himself in a weak position when Blake was replaced as governor in 1887 by Ambrose Shea.
[16] A further question, on 15 March, was put by Pickersgill, and a follow-up by J. G. Swift MacNeill had the reply from Sir Richard Webster, Attorney-General, re-iterating that "the Chief Justice was removable by the Governor and Council of the Colony, subject to an appeal to the Home Authorities".
[17] Shea was supporting Malcolm over a reprimand in court by Austin for the manipulation of a murder case, to the advantage of the white killer of a black victim.
When Shea then travelled to London to deal directly with the Colonial Office, a settlement was proposed under which Austin would retire by reason of infirmity—deafness—with a pension from the Bahamas Assembly.