The Sun.
London, England, 1812-08-28 00:00:00

Memorial of 13ent, the Judge Advecate,.

whose views have met' with 'the aiprobation/ -of
Governor Macquarie ; in which the inconven.-
ences of the present system are most -ably and
clearly detailed, and such regulations arc sug,-
gested, as appear to your Committee to be. most
worthy- the attention and consideration of the Go-
vernment. It is stated in the. evidence, that the.
natives of the country find the same protection
in these Courts of Justice with-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 Marcb,lBlo,
that a person charged with shooting at and wound-
ing a native, was tried simply for an . assault,
whilst another, wine had committed a similar of-'
fence Against an European, was tried on the same
day for hii life.
It appears proper to your "Committee here to
remare., that great inconveniences are felt in the
colonies in Van Diemen's Land, from the want of
a Court of Justice. The' jurisdiction of the Ma-
eistrm-es f.
is all that the inhabitants h- .'tb look to,
ts - -
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 Jack Son, to an inconvenience and expellee
too Manifest to need any 'remark ;. 'a Judge AdVO-
- cate is already appointed, and the additional 'ex-
pense to be incurred' by the complete-formatiOn
of a Court, adapted to the male population of that
colony, would not be great. The commission
and instructions under which the Governor acts, are
given at length in thelj.ppendia. He is made.Govee-
nor and Captain General, with enlarged powers,
uncoiatFoided by any Council, with authority to
pardon all offences (treason and murder excepted);
to impose dutieS, to. graa +ands, and to issue CO-
Annial regulations. It is in evidence from Curer--
nor Bligh, that to the breach of some' Of.these re-
gulations, issued at the Sole will of the Go'verner,
a punishment •of 500
.lashes is annexed, tud to
Others a.fine of 1001. The wanner in Which these
extensive powers have been used has not always
been such as to give satisfaction to the colony ;
nor can it be expected that where so Mitch antlib--
rity and responsibility are thrown into the hands,
of one matt, that•his however just, and his
administration, however wise, willsnot ,at' times
create opposition and niscontent amongst inen un-
used, in their own country, to see so great.a mo-
nopoly of power. Under. this -impression, your
Committee think it right to recommend, that a
Council be given to the Governer, for the pur-.
pose. of sharing with him in the responsibility of
the measures which they may think necessary for
the security or prosperity of the colony. It may
perhaps be doubted bow far it will be wise to
li-
mit the authority of the Governor over, a colony
in which, more than• any other, the Government__
ought to be strong and unfettered .; but the views
of your Committee. would to some degree be ob-;
trained, even though,the Council appointed had no
other power than that of protesting- against any
measures of the Governor of which they might
disapprove ; and of transmittiug their protests to
the Secretary of State. The acquiescence Of the
Council would give. popularity to the measures of
whiCh it approved, and its expressed disapPraba-
tion might have the effect of checking such as
were evidently inexpedient. - .
The Governor has the power of making grants
of land ; and your Committe have heard with sur-
prise, that this power has, in one instance at
least, been used in a manner, to say the, least of
it, liable to much observation. Irhas been stAted
in evidence, that a grant of land to the amount of
1000 . acres Was made by a Governor, to the per-
son appointed to succeed him, who, immediately
on assuming the government, made a-siritilatt grant.
to his predecessor. Upon this your Committee
must suggest,' that no Governor' ought, on
.his
own account, to enter into farming speculations.;;
his salary ought to be sufficient to rapport him ;
he ought never to look to other and indirect means
of enriching himself. .
For many years the Governor was restraine4
from granting longer leases within the town of
Sydney, than for the period of 14 years. This
impolitic regulation, which caused much discon-
tent, and materially' checked all' enterprise
,in
building, has lately been' rescinded. Many settlers
have been sent out-from this country by Goyeri-
merit, to -whoin grants of land, sometimes to a.
large amount, have been made; and, in many in-
stances their want of capital, of character, and
agricultural knowledge, have exposed them to
difficulties on their arrival, and excited complaints
ae-ainst them for misconduct. Your Committee
are glad to' learn that greater precautions are now
taken in- the selectien of these persons than ap-
pears formerly to have been the case. None are
allowed to go out as free settlers, unless they ,can
prove themselves to be possessed of sufficient pro,
perty -to establish theniselves there
.without the
assistance of GovernMent, and who can produce
the most satisfactory testimonials and recommenda-
tions from pe-rsons of known respectability ; the
person allowed to go, is then recommended to the
'Governor, to IV-hol-at discretion it is left to make
WhAt grant of land be may think expedient. The
form of the answer which' is given to all appli-
cants, amid one of the letters -of recotnmendation,
upon tife model of which they arc generally drawn,
are to be found in the Appendix,—Your Commit-
tee wish, however, to suggest, that it dui,4ht to be
made a principle, in selecting these persons, to
give the preference to- those who have been pre-
viously accustomed to agricultural pursuits.
[To be coptinued.].

The present is likely to, be a plentiful season for
pilchards in Cornwall. They have' already been
sold at Truro at the rate
.of ten for a penny.
On the night of Tuesday last there was a tre-
mendous thunder storm at Moffat, with frequent
and very vivid flashes of lightning. In the neigh-
bourhood ,of, that place, the electric fluid. set fire
to a cottage, the roof of which was almost entire-
ly consumed. before the family awoke, and the
'poor persons had but just -escaped from the flam-
ing
premises when a considerable part of the roof
fell in. The family, consisting of a husband,
and a considerable number, of children have lost
their furniture and apparel of every description.