The Sun.
London, England, 1830-05-31 00:00:00

of New South Wales. In so far as it is a peniten-
tiary, we might have expected to see it governed on
the principle's of a penitentiary : in so far as it is in-
tended to be a free community of settlers, we might
have expected to see it ruled on the principles of
civil justice and English law. In neither case is
this expectation realized. As it is to us an expensive
establishment, we had a right to insist that the
money which we send to it should be usefully laid
out. As it is connected with England, and go-
verned by Englishmen, we were entitled to demand
that our institutions and our honour shall be
respected in its treatment. As it is perhaps des-
tined in the course of ages to balance in another
hemisphere the English population of these islands,
by a race sprung from the same origin, speak-
ing the same language, and professing the
same religion, it was of essential importance to
lay the foundations of its political institutions in
nglish justice, that in all its future history it might
indulge in proud and fond recollections of its paren-
tage. But, if we can trust the papers before us, all
these considerations have been treated with con-
tempt. Regarding even its present magnitude,
independent of the grand experiment with which it
is connected, or the infinite capabil:ties which it dis-
plays, this colony is entitled to more attention than
it has hitherto received. Its population now amounts
to about 60,000 souls. The land commissioners
have included within its boundaries 34,505 square
Miles, or 22,083,200 acres of land (much of it highly
fertile); the list of freeholders returned to serve On
juries exceeds 1,000, and its Magistrates on the
commission of the peace amount to 125. It has
ten paid police Magistrates, each with a salary as
good es Sir Richard Birnie's ; a Governor, with the
title of Excellency, and good pay ; an Attorney arid
Solicitor-General, likewise well paid ; a Supreme
Court, with three Justices; a great host of landed
proprietors, and some considerable fortunes. It has
--last, but not least—three newspapers, and with-
out this despised source of information, we should
know no more about the proceedings of which it is
the stage, than we know of the interior of Tartary.
These papers would have mcre weight in the colony
it their contents were more noticed in the mother
country, for hitherto the local authorities have acted
on the presumption that their conduct is little known
at home, that the eye of the English people cannot
penetrate the diameter of the globe, and that the
public opinion of England is not likely to travel in
a convict ship. As the administration of justice
and the management of the police must be objects
of the greatest importance in a settlement like that
of New South Wales, we shall begin by stating a
few facts under this head. And certainly, if the
colony is not well governed, it is not for want of
judges, law officers, lawyers, and magistrates, both
paid end unpaid; but it happens rather oddly that
hearly ail civil and judicial offices are filled by the
military. Out of the 100 justices of the peace ap-
pointed within the reign of the present Governor,
57 are gentlemen of the army and navy; out of nine
paid police magistrates, six arc majors, captains,
or lieutenants; and though the list of freeholders
amounts to more than 1,000, all the juries on
tritnitud trials in the Supreme Court are mi-
litary officers. A general order of the Gover-
nor may thus decide upon a panel to try a ques-
tion in which the Governor himself is implicated.
Some striking consequences of this extraordinary
state of things may be observed in the file of papers
before us. In the end of the year 1827, the editor
Of the Australian was tried for a seditious libel on
the colonial government. His Jury was composed
of seven military officers, five of whom agreed on a
verdict of guilty. Two had the courage to stand
out, and thus defeated the prosecution. But what
became of these two? Why, they never were re-
commended to sit on another jury—they were thus
deprived of their 15s. for trying causes, and were,
moreover, sent to distant stations in the colony,
under such treatment as would effectually deter
others (who did not covet a similar martyrdom)
from following their example. Another instance
of the working of this military jury system, in cases
between the Governor and the public, will be suf-
ficient to show the abuses to which it leads. On
the 9th of April last the editor of the bidney
Monitor was tried for a seditious libel. The seven
military juries retired to consider their verdict. One
of them was refractory. The foreman came into
Court to announce that they could not agree in their
verdict. Attention was called to their dispute, and
as it got warm, one was heard to say to the other,
" Wed, S . . . ~ the Governor will soon know
that you are the only man standing out against a
coneictlon." To which the other replied, " Then I
shall be ruined, as my only dependence is upon the
Government. I must therefore yield." It would
appear that the head of the paid or police magistracy
at Sydney is a Captain Rossi, who, we believe,
figured as a witness on the late Queen'a trial. He
has not been naturalized (it is said) though he holds
the commission of Magistrate, and knows nothing of
English law, though appointed to administer English
justice. This person cannot even speak English so as
to be understood by those who come before him, and
who are only apprised of his decisions when explained
to. them by the officers commanded to execute the
sentence. He is described, however, as being an im-
mense favourite with the Governor; and that is
probably of more consequence with the Birnie of
Botany Bay, than the possession of the English
language, or the knowledge of English law. Some
of these military magistrates (we are positively as-
sured in the papers before us) walk their rounds, ac-
companied by their " Flogger," and on complaint
being made by overseers, order the unfortunate cid-
prits to receive s certain number of lashes forthwith.
On this part of the subject, we have only room for
an instance of arbitrary conduct connected with
the administration of justice, which implicates the
Governor himself, and the particulars of which are
detailed in a charge called an impeachment, brought
against his Excellency by a barrister in the colony.
The following are the facts as they are represented
in the newspapers and in this more formal document.
Two soldiers, of the name of Sudds and Thomson,
belonging to the 57th Regiment, in order to avoid
being sent to India, committed an aet which they
imagined would subject them to seven years' trans-
portation, by going into a shop at mid-day and openly
carrying off a piece of calico. For this felony, as
it was called, they were duly sentenced, as they ex-
pected, to be transported for seven years. Under
the sth section of the Act of Council, 1826, these
men hiving come into the colony free, were subject
only to be considered as convicts transported from
England, and liable to assignment in the usual man-
ner. The Governor, however, conceived that under
another section of the .Oct, he had the power of
altering the sentence, and accordingly issued a general
regimental order, dated Nov. 22, 1826,directing these
men should be worked in chains, on the public roads,
for the period of seven years ; that they should be
stripped of their uniforms, and dressed in felons'
clothes; and that they should be worked in the
chain-gangs, being drummed .as rogues out of the
garrison. Sudds at this time was in extremely bad
health, being obliged to be supported by two men
from the gaol to the Parade. He was then stripped
of his clothes, and dressed in felon's clothing; and
though his feet were swollen, he was not allowed
to wear his own shoes, but had them thrust in a
pair too small for him. The chains were then put
upon him, and he and his companion were drummed
back to gaol. Sudds lingered a few days in prison,
was carried to the hospital, and shortly afterwards
died. A coroner's inquest was demanded on the
body, but was refused. 'We have not room to state
the subsequent proceedings. The Governor called
a Council, before which witnesses were examined
in exculpation of his conduct. His enemies were
equally active. Both aides have made their appeals
and representations to the Government at home.
The document, called an impeachment, embodying
the facts and bearing of the case, is now before us.
We are quite unacquainted with the measures which
the Colonial Secretarys-may think it his duty to
orate; butJwa tnrercoviviticed, that though this
case, which manifests at least great cruelty and pre-
cipitations may be passed over, a shield will not be