MISCELLANIES. 



523 



tude, sue or be sued in these courts, 

 or suffer imprisonment for any debt 

 incurred by him. By the same 

 commission, a court of criminal 

 jurisdiction is estabhshed, upon the 

 authority of the act 27 Geo. 3rd, c. 

 2. It is a court of record, with all 

 such powers as are incident to 

 courts of record in England : it 

 consists of the judge advocate and 

 six officers of the sea and land ser- 

 vice, to be convened from time to 

 time by precept, under the hand 

 and seal of the governor, with 

 power (having taken the oaths di- 

 rected in the commission) to hear 

 and determine all crimes committed 

 within the settlement, and to cause 

 punishment to be inflicted accord- 

 ing to the laws of England, as 

 nearly as may be, considering and 

 allowing for the circumstances and 

 situation of the place and settle- 

 ment aforesaid, and the inhabitants 

 thereof. The verdict to be by the 

 opinion of the major part of the 

 court : if the offence be capital, 

 tlie court may pronounce judgment 

 of death, or of any punishment not 

 amounting to death, which to the 

 court shall seem meet. But unless 

 five of the persons sitting in the 

 court shall concur in the verdict, 

 execution of any judgment of death 

 shall not be had or done until the 

 proceedings shall have been trans- 

 Biitted to this country, and the 

 pleasure of the king had thereon ; 

 and in no capital case is the sen- 

 tence to be executed without the 

 consent of the governor, who has 

 power to suspend such execution 

 until he have the direction of his 

 majesty. Your committee have to 

 observe, that all the evidence ex- 

 amined on the subject, unequivo- 

 cally condemns the manner in 

 which the criminal courts arc thu3 



established. Governor Bligh hav- 

 ing stated that they consisted prin- 

 cipally of military officers, pro- 

 ceeds — " It did not give satisfac- 

 tion to the inhabitants — they were 

 particularly desirous that they 

 might not be so much in the power 

 of the military, but might have 

 some kind of justice that miglic 

 bring them nearer to their brethren 

 in Great Britain." He also states 

 that there were settlers sufficient 

 in character and numbers to fur- 

 nish juries : and thinks their deci- 

 sions would have been fairer tlian 

 those that took place without them. 

 Similar to his, are the opinions 

 of governor Hunter, Mr. Palmer, 

 and Mr. Campbell ; and upon their 

 evidence your committee are of 

 opinion, that the manner of ad- 

 ministering criminal justice may 

 be altered with great advantage to 

 the colony. It is not to be ex- 

 pected that its inhabitants should 

 view, otherwise than with jealousy 

 and discontent, a system which re- 

 sembles rather a court-martial, than 

 the mode of trial, the advantages 

 of which they have been accus- 

 tomed to see and to enjoy in their 

 own country. However necessary 

 it may have been, at the first foun- 

 dation of the settlement, thus to 

 constitute the courts, as well from 

 the default of other members as 

 from the refractory habits of tlie 

 persons then composing the colo- 

 ny, that necessity has now ceased 

 to exist ; a numerous class of re- 

 spectable persons is now formed 

 within the settlement, amply suffi- 

 cient to warrant the establishment 

 of that trial by jury for which 

 they are anxiously wishing. But 

 upon this subject your conmiittee 

 particularly refer to a memorial of 

 Mr. Btnt, the jud^'c advocate, 



