1813.1 New South Wales. 49 



military officers, proceeds — -^^ It did not give satisfaction to the 

 " inhabitantSj — 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 might bring them nearer to their 

 " brethren in Great Britain/' He also states that there were 

 settlers sufficient in character and numbers to furnish juries ^ and 

 thinks their decisions would have been fairer than tnose that 

 took place without them. Similar to his, are the opinions of 

 Governor Hunter, Mr. Palmer, and Mr. Campbell j and upon 

 their evidence your committee are of opinion, that the manner 

 of administering criminal justice may be altered with great ad- 

 vantage to the colony. It is not to be expected that its inhabi- 

 tants should view, otherwise than with jealousy and discontent, a 

 system which resembles rather a court martial than the mode of 

 trial, the advantages of which they have been accustomed to see 

 and to enjoy in their own country. Hou'ever necessary it may 

 have been, at the first foundation of the settlement, thus to con- 

 stitute the courts, as well from the default of other members as 

 from the refractory habits of the persons then composing the co- 

 lony, that necessity has now ceased to exist ; a numerous class of 

 respectable persons is now formed within the settlement, amply 

 sufficient to warrant the establishment of that trial by jury, for 

 which they are anxiously wishing. But upon this subject your 

 committee particularly refer to a memorial of Mr. Bent, the 

 Judge Advocate, whose views have met v/ith the approbation of 

 Governor Macquarie ; in vv^hich the inconveniences of the pre- 

 sent system are most ably and clearly detailed, and such regula- 

 tions are suggested, as appear to your committee to be most 

 worthy the attention and consideration of the government. It is 

 stated in the evidence, that the natives of the country find the 

 sam.8 protection in these courts of justice vAxh 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 charged with shoot-* 

 ing at and wounding a native, was tried simply for an assault ) 

 whilst another, who had committed a similar offence against an 

 European, Vv'as tried on the same day for his life. It appears 

 proper to your committee here to remark, that great inconve- 

 niences are felt in the colonies in Van Diemen's I^and, 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 differences, they have 

 no power within the colony of appealing to the law ; all causes 

 and great offences are removed for trial to Port Jackson, to an 

 inconvenience and expense too manifest to need any remark ; a 

 Judge Advocate is already appointed, and the additional ex- 

 pense to be incurred by the complete formation of a court^ 



