Statistical, Historical and Political Description of the Colony of New South Wales and its Dependent Settlements in Van Diemen's Land: With a Particular Enumeration of the Advantages Which These Colonies Offer for Emigration, and Their Superiority in Many Respects Over Those Possessed by the United States of AmericaWentworth, W. C. (William Charles)
History
Statistical, Historical and Political Description of the Colony of New South Wales and its Dependent Settlements in Van Diemen's Land: With a Particular Enumeration of the Advantages Which These Colonies Offer for Emigration, and Their Superiority in Many Respects Over Those Possessed by the United States of America
Wentworth, W. C. (William Charles)
New South Wales -- Description and travel; New South Wales -- Politics and government; Tasmania -- Description and travel; Wentworth, W. C. (William Charles), 1790-1872
The last measure which I consider necessary to the prosperity
of this colony is a radical reform in the courts of justice. It
has long since been noticed that at the principal settlement and
its dependencies, there are five courts, one of criminal and the
other four of civil judicature, viz. the criminal court, the
governor's court, the supreme court, the court of vice admiralty,
the high court of appeals, all of which are held in Sydney, and
the lieutenant governor's court, which is held in Hobart Town.
The constitution of these various courts has been already
explained, and a mere cursory glance at their several
jurisdictions, will convince us of the danger and absurdity of
their organization. To commence in the order in which I have
noticed them, what can be more improper than the constitution of
the criminal court? At the time indeed, when this court was
instituted, there was a necessity that it should wholly consist
of the officers of the colony, since they and convicts were the
only two classes of whom it was composed; but even then, what
motive existed for excluding the civil officers? Were they either
less competent to be members of a court, whose decisions ought to
be founded solely on the laws of England, or were they less
respectable than the military and naval? The bare appearance of
this tribunal has long been odious and revolting to the majority
of the colonists. It is disgusting to an Englishman to see a
culprit, however heinous may be his offence, arraigned before a
court clad in full military costume; nor can it indeed be readily
conceived that a body of men, whose principles and habits must
have been materially influenced, if not entirely formed, by a
code altogether foreign to the laws of this country, should be
able on such occasions to divest themselves of the soldier, and
to judge as the citizen. Without meaning to impugn the general
impartiality and justice of their decisions, it may be easily
imagined that _an individual might happen_ to be
_traduced_ before a court, of which _all_, or
_part_ of the members, might from various causes be
_his_ enemies. No one has mixed much in military society,
without witnessing that _esprit du corps_ which is so common
in regiments, and which, however much it may contribute to their
union and happiness, is, in a community of this nature, of the
most dangerous tendency to the individual, against whom its
collected fury may be levelled. It must be remembered that this
colony is not like a country town from whence a regiment may be
removed the moment its conduct becomes obnoxious to the
inhabitants. There the regiments necessarily remain for many
years, and from this very circumstance, disputes of a much more
serious and rancorous nature are apt to arise between the
inhabitants and the military, than are known in this country. And
this observation applies more particularly to the officers and
the superior class of the colonists: since the disputes and
Public-domain text, read in full here on John Shaqi.
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