ON THE HIGH SEAS. 169 



hold an inquiry into the death of the Lascar, as a result of 

 which Walker was committed to gaol until future proceedings 

 might be decided upon. The evidence was sufficient to support 

 a charge of murder, and, on the advice of the Judge- Advocate, 

 Walker was admitted to bail, and the matter referred to the 

 Secretary of State. 1 



Lord Bathurst consulted the Home Office and the Law 

 Officers, and in July, 1815, instructed Macquarie to send 

 Walker and the necessary witnesses to England in order that he 

 might be tried at the Admiralty Sessions under a special Com- 

 mission. 2 



It was not easy for the Governor, when he received these 

 instructions at the end of 1 8 1 5, to get together the witnesses who 

 had been examined by the magistrates in 1813, nor could they 

 be compelled to go to England. 3 In the end he sent Walker 

 home with as many witnesses as he could. Nothing further 

 appears of the case in any Colonial Office Documents. It 

 seems that Walker was never tried, and the only result of 

 Macquarie's labours was the ineffective Act of 57 Geo. III., 

 cap. 53. 



By this Act " murders and manslaughters committed on land 

 at the settlement of Honduras by any person within the settle- 

 ment, or committed on the islands of New Zealand or Otaheite 

 or within any other islands or places not within the British 

 dominions, nor subject to any European state or power, nor 

 within the territory of the United States of America, or any 

 person sailing in or belonging to a British ship, or who had 

 sailed in or belonged to and had quitted any British ship to live 

 in any such island or place, might be tried and punished in any 



1 D. i, lyth January, 1814. R.O., MS. 



2 In accordance with 46 Geo. III., cap. 54. This was an extension of the two 

 statutes, 22 Hen. VIII., cap. 15, and n Will. III., cap. 7. The first of these 

 gave power to try offenders of treason, felony, and robbery or conspiracy at sea to 

 a Commission of Oyer and Terminer issued under the Great Seal. The second 

 gave power to try piracies or robberies committed at sea by a Commission of 

 Oyer and Terminer issued under the Great Seal either in the Colonies or at sea. 

 The 46 Geo. III., cap. 54, extended this power to the trial of any offence com- 

 mitted at sea. Bent thought " it would be advisable either to issue a Commission 

 for the trial of such offence pursuant to the statute " above, in New South Wales, 

 or to establish there a Supreme Court of Judicature with power to take cognisance 

 of such offences. Letter to C.O., i4th October, 1814. R.O., MS. 



3 D. 7, i8th March, 1816. R.O., MS. 



