It was provided also, that the king might erect Van Diemen's Land into a
separate colony: confer on the acting-governor, in the absence of the
governor-in-chief, the various powers conveyed by the act; and, in that
case, terminate the dependence of the supreme court on the court of New
South Wales. On these extensive powers the checks provided were the
requisite preliminary certificate of the chief justice, that the
ordinances proposed were consistent with the laws of England, or the
circumstances of the colony; the exposure of these acts on the table of
the House of Commons; the obligation of the governor to show cause for
the act passed in defiance of his council; the prohibition of direct
taxation, except for local purposes: guarantees of little value at the
time of their adoption, but rendered of greater importance by the growth
of freedom in the empire at large.
The act of parliament did not pass without animadversion and discontent.
Sir James Mackintosh moved that a jury of twelve should be substituted
for the clause constituting a military jury--the most obnoxious portion
of the bill. In this he was seconded by Mr. Wilberforce, but the
proposition was defeated by a majority of eleven. Mr. Canning
recommended a compromise between the friends and opponents of the bill,
by limiting its duration to five years, and to this the minister
assented.
The capacity of the colonies to furnish jurors was long a subject of
debate, Mr. Justice Bent stated, that after full consideration he
recommended a grand and a common jury, in conformity to the English law,
and the trial of convicts by the police;[138] but Commissioner Bigge
pronounced against the scheme, and was confirmed in his opinion by the
leading colonists of the time. The whole state of society opposed
serious objections to its adoption, and it was scarcely practicable in
Van Diemen's Land.
The settlers were generally desirous that Van Diemen's Land should be
erected into a separate colony. To this, Sorell was opposed. He thought
the measure premature: tending to augment the expenses of government; to
deprive the people of the advantages of an appeal to the elder colony,
and of participation in that more liberal system of government a larger
community could demand. A public meeting was, however, summoned, and a
petition adopted by acclamation. The sole dissentient present, Mr.
Murray, was roughly treated by the petitioners.
The nearer inspection of a chief authority, and the more ample means
possessed for good, were its advantages; but it occasioned a more rigid
separation in social life, multiplied offices which might have been long
confined to the elder colony, and removed too far the governor and
courts from effectual oversight and appeal. The colony was not
sufficiently consolidated to oppose a force of public opinion to the
despotic tendencies of the new constitution.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account