77G 
NEW HOLLAND. 
record, with al! fuch powers as are incident to courts of 
record in England : it conlids of the judge-advocate and 
fix officers of the fea and land fervice, to be convened 
from time to time by precept under the hand and feal of 
the governor, with power (having taken the oaths di- 
refted in the comraiffion) tohearand determine all crimes 
committed within the lettlement, and to caufe puniffi- 
ment to be inflifted according to the laws of England, 
as nearly as may be, confidering and allowing for the 
circumftances and lituation of the place and lettlement 
aforel'aid, and the inhabitants thereof. The verdidt to be 
by the opinion of the major part of the court: if the 
offence be capital, the court may pronounce judgment of 
death, or of any puniffiment, not amounting to death, 
which to the court fhall feem meet. But, unlefs live of 
the perlbns fitting in the court lhall concur in the verdict, 
execution of any judgment of death lhall not be had.or 
done until the proceedings lhall have been tranfmitted to 
this country, and the pleafure of the king had thereon 5 
and in no capital cafe is the fentence to be executed 
without the confent of the governor, who has power to 
fufpend fuch execution until he have the direction of 
his majedy. Your committee have to obferve, that all 
the evidence examined on the fubjeft, unequivocally con¬ 
demns the manner in which the criminal courts are thus 
eltablifhed. Governor Bligh, having dated that they 
confided principally of military officers, proceeds; “ It 
did not give fatisfadlion to the inhabitants ; they were 
particularly defirous that they might not be fo much in 
the power of the military, but might have fame kind of 
judice that might bring them nearer to their brethren in 
Great Britain ” He alfo dates that there were fettlers 
fufficient in cliaradter and numbers to furnilh juries ; and 
thinks their decilions would have been fairer than thofe 
that took place without them. Similar to his, are the opi¬ 
nions of Gov. Hunter, Mr. Palmer, and Mr. Campbell; 
and, upon their evidence, your committee are of opinion, 
that the manner of adminidering criminal judice may be 
altered with great advantage to the colony. It is not to 
be expedled that its inhabitants diould view, othervvife 
than with jealoufy and difcontent, a fydem which re- 
fembles rather a court-martial than the mode of trial 
the advantages of which they have been accudomed to 
fee and to enjoy in their own country. However necef- 
fary it may have been, at the fird foundation of the fet- 
tlement, thus to conditute the courts, as well from the 
default of other members as from the refraftory habits of 
the perfons then compofmg the colony; that neceffity has 
now ceafed to exid ; a numerous clals of refpedtable per¬ 
fons is now formed within the fettlement, amply fufficient 
to warrant the edablidiment of that trial by jury, for 
which they are anxioufly widiing. But upon this fubjeft 
your committee particularly refer to a memorial of Mr. 
Bent, judge-advocate, whole views have met with the 
approbation of governor Macquarrie; in which the in¬ 
conveniences of the prefent fydem are molt ably and 
clearly detailed, and luch regulations are fuggeded, as 
appear to your committee to be mod worthy the attention 
and condderation of the government. It is dated in the 
evidence, that the natives of the country find the fame 
protection in thefe courts of judice with the fubjefts of 
the king. Yet your committee have obferved with fur- 
prife, in a report of the prifoners tried before the court 
of criminal jurildidtion in March 1810, that a perfon 
charged with diooting at and wounding a native, was 
tried limply for an ad’ault; whild another, who had com¬ 
mitted a fimilar oftence againd an European, was tried on 
the fame day for his life. 
“ It appears proper to your committee here to remark, 
that- great inconveniences are felt in the colonies to Van 
Diemen’s Land, from the want of a court of judice. The 
jurifdidtion of the magidrates is all that the inhabitants 
have to look to for their protection againd offenders 5 
and, for the fettlement of civil differences, they have no 
power within the colony of appealing to the law; allcaufes 
and great od'ences are removed for trial to Port Jackfon, 
at an inconvenience and expenfe too manifed to need any 
remark; a judge-advocate is already appointed, and the 
additional expenfe to be incurred by the complete forma¬ 
tion of a court, adapted to the male population of that 
colony, would not be great. 
“ The commidion and Jndructions under which the 
governor adls, are given at length in the appendix. He 
is made Governor and Captain General, with the mod 
enlarged powers, uncontrouled by any council, with au¬ 
thority to pardon all offences (treafon and murder ex¬ 
cepted), to impofe duties, to grant lands, and to id'ue 
colonial regulations. It is in evidence from governor 
Bligh, that to the breach of fome of thefe regulations, 
iffued at the lole will of the governor, a punilhment of 
five hu lid red lalhes is annexed, and to others a fine of 
iool. The manner in which thefe extenfive powers have 
been ufed, has not always been fuch as to give fatisfaftion 
to the colony; nor can it be expedled where fo much 
authority and refponfibility are thrown into the hands of 
one man, that his will however jud, and his adminidration 
however wife, will not at times create oppolition and 
difcontent amongd men unuled, in their own country, 
to fee fo great a monopoly of power. Under this mi- 
preffion, your committee think it right to recommend, 
that a council be given to the governor, for the purpofe of 
/haring with him in the refponfibility of the meafures 
which they may think necelfary for the fecurity or pros¬ 
perity of the colony. 
“ The governor has the power of making grants of 
land ; and your committee have heard with furprife, that 
this power has, in one indance at lead, been ufed in a 
manner, to fay the lead of it, liable to much obfervation. 
It has been dated in evidence, that a grant of land, to the 
amount of 1000 acres, was made by a governor to the 
perfon appointed to fucceed him, who, immediately on 
ad'uming the government, made a fimilar grant to his 
predecelfor. Upon this your committee mull fugged, 
that no governor ought on his own account to enter into 
farming-fpeculations; his falary ought to be fufficient 
to fupport him; he ought never to look to other and 
indirect means of enriching himfelf. 
“ For many years the governor was redrained from 
granting longer leafes, within the town of Sydney, than 
for the period of fourteen years. This impolitic regu¬ 
lation, which cauled much difcontent, and materially- 
checked all enterprife in building, has lately been re¬ 
funded. Many fettlers have been fent out from this 
country by government, to whom grants of lands, fome- 
times to a large amount, have been made; and in many 
indances their want of capital, of character, and agricul¬ 
tural knowledge, have expoled them to difficulties on 
their arrival, and excited complaints againd them for 
mifcondudt. Your committee are glad to learn that 
greater precautions are now taken in the feiedtion of 
thefe perfons than appears formerly to have been thecale. 
None are allowed to go out as free fettlers, unlefs they 
can prove themleives to be polfeded of fufficient property 
to edablilh themfelvek there without the affidance of go¬ 
vernment, and who can produce the mod fatisfaftory 
tedimonials and recommendations from perfons of known 
relpedtabiiity; the perfon allowed to go is then recom¬ 
mended to the governor, to whofe difcretion it is left to 
make what grant of land he may think expedient. Your 
committee with, however, t6 fugged that it ought to be 
made a principle, in feledting thefe perfons, to give the 
preference to thofe who have been previqu/ly accudomed 
to agricultural purfuits. 
“ Though the religious feeling in the colony appears 
to have been weak, latterly the erection of places of 
worfliip, and the edablilhment of clergymen, have not 
been negledted. Churches have been built at Sydney and 
Paramatta, and in Hawkeffiury the fervice was performed 
in houles appropriated to that purpole; and to each of 
thefe didrifts clergymen have been appointed, with a 
fufficient 
