The Statesman.
London, England, 1823-07-03 00:00:00

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•tatel»tarn.

TUUESD4Y, EVENING, JULY. 3, 1823.

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PARLIAMENTARY COMMENTARY.

TRIAL BY JURY.

A Petition was last evening presented against a Bill
now before the House; which, proposes to deprive the
Colony of New South Wales of the Trial by Jury;
and to substitute a sort of Court Martial enquiry, by
making what are to be ealled jurors, of the tnilitary
and nom/ officers of the station. The object of this is
clear enough. All alteratiOns proceeding from an execu-
tive authority will necessarily tend to encrease that au-
' thority. The pretence is that the colonists are of a de-
scription that it would be unsafe to entrust to the verdicts
of their Peers; but the real tendency is to render the
power of the Governor as absolute as possible; and a
class of regimental sepecial jurors is an excellent mode
of accomplishing the object. Nothing can operate as a
warning to our Statesmen. The loss of America by an
attempt to introduce a despotism, will be followed by the
loss of New South Waleson the same account. We use
the word foss merely with reference to the fact ;—for such
losses are great gains to the People ; though the Ministry,
out of a prudent regard for their beloved patronage,
might be more cautious than to take such risks against
their own interests. The Ministers would not argue
the question with Sir Jaineri Mackintosb. Mr. Wilmot
contented himself with saying "there were the strongest
objections to the Trial by Jury ;" bat he could not spare
time to state them. Possibly they might not have borne
the stating. Whatever objections there may be to the
trial of the convict population by Juries, (and-we cannot
see any) there can be no reasons given why the free po.
polatiun should not enjoy the seaway of trial by their
Peers. The free Settlers form a distinct class; and, let
it be kept in mind, that they have a far snore im-
po-tant stake in the country, than either Governors, or
ilitary Officers, who are mere birds of passage,'alightiog
e:ere to plume their pinions for a flight home again.—
T'e asthority of a Governor, in the establishment of such
a Colony, must at first be somewhat arbitrary ; but the true
principle of proceeding is to take the excess of .power out
of his hands, as soon as the Forties who ought to possess it
are brought into existence. A jury of convicts to try
one of their number, would certainly be preposterous In
theory; though, In reality; the offender might experience
greater severity from his fellows, than from strangers ; and
even this is not half so inequitable as to place the dis-
posal of a freemen's person, the ruin of his business, the
hazard of his present and future fortunes, at the caprice of
an individual; for a military jury would only form one
body with a variety of heads all nodding the same way.—
, !lir James Macintosh said there wereB,ooo free settlers. Mr.
Wilmot Horton, who was employed to say the new measure
was a good one, said that not more than as many hundreds
would be affected by It. He means, of course, at present but
seil 4 (W. rencedo the lumbers make in the principle? We
are satisfied that 8,090 is nearer the number of free set-
tlers, than KO; bat shy give the tioverok through the
instrumentality of a court-martial of his creatures,a power
so destriu nye to, the interest:, and so dangerous to the
rights of WO persons? The numbers of free settlers, are
besides, contiattally increasing ; and it is the best policy
to i•-ter this increase, as a counteraction to the hetero- '
ge-eous eleullets. of society there : but such laws will
tend to diminish the number, and to render those who
are in that condition dissatisfied with the system, and
always ready to lend a hand to its destroction, when occa-
s;ol may serve. The evils of such,a Board as that pro-
pes-d may not be immediately felt. All institutions are
comparatively innocent in their infancy. The tin
v'rnor first entrusted with such power may be a
good man, and may only want the power of co-
ercion where coercion may seem necessary. The
ofScers called upon to act as jurymen may have no undue
bias, and may refuse to lend themselves to those who
have. But times will change. Bad Governors arc as
'likely to he sent as good ones :—and bad men will pro-
vide themselves with fit accomplices to effect wicked
purposes. A Governor's list of standing special jurymen,
such as we have heard of both in England and Ireland,
may be formed ; and accusation would become -synoni-
moos with conviction, without reference to the guilt or
innJcence of the parties. If such things can happen
even here, with all our boasted liberty and vigilance, and
in despite of laws expressly made to preient them, what
may net happen in a distant colony, with the laws made
bad, in the first instance, to accommodate a despotic
power, and then administered worse to secure it ? We
bare nut yet stated the head and front of the offending
of this Bilk It not only enables a Governor to create a
tribunal to his own liking, but to dispense witb one al.
'together ; for if it pass, with the clauses WO it at pre-
sent contains, " eight thousand men an liable to be
" transported without trial, and at the mere still of the
" Governor!" This is the way we legislate for colonies;
end then our wiseacres wonder they are discontented and
revolt! The numbers of the Mirilsterial majority, eft this
occuiou, were bat IS; and the minority mooted to
47. 41 the Oppositissmom at all -alive to tbek duty,.
they ad& defeat this BM. fee the proem &Ow au
least; for hiss) saildeests. that ihilesi.lt by vain's*
iliechgcsise ifouse-hiamit •bset.iation, It
pass the orsleal.ef pleb. iedietiaiiaa.