THE ADMINISTRATIVE PROBLEM. 57 



Secretary of State could arrive, and the danger of weakening 

 the higher authorities in a society composed of such discor- 

 dant materials, all more or less influenced the determination of 

 the Government. 1 



Macquarie agreed with this reasoning, and even indulged " a 

 fond hope that this measure will never be resorted to in this 

 Colony ". 2 The result of the decision was that the party spirit 

 which it was feared a Council might create was fostered and 

 encouraged by the disappointment of not receiving one. The 

 Governor, directed to consult with " the best-informed characters 

 in the settlement," 3 continued to seek advice in those quarters 

 where he thought it would be most favourable to his own views. 

 As the population and importance of the Colony became greater, 

 he found himself more and more compelled to widen the circle 

 of his counsellors. 



The criminal judicature of the Colony had been established 

 by statute 4 and a Commission under the Privy Seal in i/S/, 5 the 

 <:ivil judicature by the latter only. 



The Criminal Court convened by the Governor from time 

 to time as occasion required, consisted of the Judge-Advocate 

 and six officers of His Majesty's forces by sea or land. King's 

 ships were so seldom in port that in practice the six officers 

 came to be furnished entirely by the regiments stationed for 

 the time being in New South Wales. They were selected in 

 the same way as for a General Court-martial, and the aspect of 

 the Criminal Court was wholly military, for they appeared in 

 " the insignia of duty, the sash and sword ". 6 Save that the 

 Judge- Advocate presided, the procedure also was assimilated to 

 that of courts-martial. Having administered the oath to the 

 other members, the Judge-Advocate received it from them in 

 his turn. He also exhibited the charge against the prisoners, 

 being indeed the only Crown prosecutor. Procedure was by 

 examination, the Court administering the oath to witnesses. 



1 D. 13, 23rd November, 1812. R.O., MS. 



2 D. 2, 28th June, 1813. R.O., MS. 



3 Instructions, H.R., VII., p. 133, etc. 



4 27 Geo. III., cap. 2. See Bigge, Report, II., 1823, and Field to Bigge, 

 23rd October, 1820. R.O., MS. 



5 Usually called the Charter of Justice. The judicial constitution here de- 

 scribed was altered in some respects in 1814. For these alterations see Chapter VI. 



6 Collins, History of New South Wales, 2nd ed. 1802, p. n. 



