v524. ANNUAL REGISTER, 1813. 



whose views have met with the 

 approbation of governor Macquar- 

 rie ; in which the inconveniences 

 of the present system are most 

 ably and clearly detailed, and such 

 regulations are suggested,as appear 

 to your committee to be most 

 worthy the attention and conside- 

 ration of the government. It is 

 stated in the evidence, that the 

 natives of the country find the 

 same protection in tliese courts of 

 justice with the subjects of the 

 king. Yet your committee have 

 observed with surprise, in a report 

 of the prisoners tried before the 

 court of criminal jurisdiction in 

 March, 1810, that a person charg- 

 ed with shooting at and wounding 

 a native, was tried simply for an 

 assault; whilst another, who had 

 committed a similar oflence against 

 an European, was tried on the 

 same day for his life. It appears 

 proper to your committee here to 

 remark, that great inconveniences 

 are felt in the colonies in Van 

 Diemen's Land, from the want of 

 a court of justice. The jurisdiction 

 of the magistrates is all that the 

 inhabitants have to look to for 

 their protection against offenders ; 

 and for the settlement of civil dif- 

 ferences, they have no power 

 within the colony of appealing to 

 the law ; all causes and great 

 offences are removed for trial to 

 Port Jackson, at an inconvenience 

 and expense too minifest to need 

 any remark ; a judge advocate is 

 already appointed, and the addi- 

 tional expense to be incurred by 

 the complete formation of a court 

 adapted to the male population of 

 that colony, would not be great. 

 The commission and instructions 

 under which the governor acts, are 

 given at length in the Appendix. 



He is made governor and captain 

 general, with the most enlarged 

 powers, uncontrolled by any coun- 

 cil, with authority to pardon all 

 offences ( treason and murder ex- 

 cepted), to impose duties, to grant 

 lands, and to issue colonial regula- 

 tions. It is in evidence from go- 

 vernor Bligh, that to the breach of 

 some of these regulations, issued 

 at the sole will of the governor, a 

 punishment of 500 lashes is an- 

 nexed, and to others a fine of 100/. 

 The manner in which these exten- 

 sive powers have been used, has 

 not always been such as to give 

 satisfaction to the colony ; nor can 

 it be expected where so much au- 

 thorityand responsibilityare thrown 

 into the hands of one roan, that 

 his will, however just, and his ad- 

 ministration, however wise, will 

 not at times create opposition and 

 discontent amongst men unused, 

 in their own country, to see so 

 great a monopoly of power. Under 

 this impression, your committee 

 think it right to recommend, that 

 a council be given to the governor, 

 for the purpose of sharing with 

 him in the responsibility of the 

 measures which they may think 

 necessary for the security or pros- 

 perity of the colony. It may per- 

 haps be doubted how far it will be 

 wise to limit the authority of the 

 governor over a colony in which, 

 more than any other, the govern-, 

 ment ought to be strong and un- 

 fettered ; but the views of your 

 committee would to some degree 

 be obtained, even though the 

 council appointed had no other 

 power than that of protesting 

 against any measures of the gover- 

 nor of which they might disap- 

 prove, and of transmitting their 

 protests to the secretary of state. 



