SECTION IX.

On the 19th July, 1823, the British legislature enacted a law for the "better administration of justice in New South Wales and Van Diemen's Land, and for the better government thereof;" to expire at the close of the session of parliament, 1827. The old courts with their military functionaries were superseded, and a supreme court erected; whose jurisdiction extended to causes, criminal, civil, and ecclesiastical. The judges were entitled to the powers and jurisdiction enjoyed by the courts of King's Bench, Common Pleas, and Exchequer of England; and to enquire into and determine all treasons or other crimes committed within the Indian or Pacific Oceans. The military jury of seven officers on full pay, were retained; but the court proceeded according to the forms of civil tribunals. The trial of civil issues was confided to the judge, and two justices of the peace chosen by the governor; the right being given to either party to apply to the court for a jury of twelve freeholders. The king was authorised to extend trial by jury at pleasure. Causes of more than L500, or a less sum with consent of the judge, were subject to appeal to the governor of New South Wales; and appeals in certain cases were allowed to the king in council. The rules of court were authorised by the king. Courts of quarter session, and of request for sums under L10, were established. The governor, with the advice of a council of five or seven, or the major part of them, was empowered to enact ordinances not repugnant to the laws of England. The duties levied under former acts were made perpetual, but the council were inhibited from imposing a tax, except for local purposes. The governor, with one member assenting, could pass any law: or, for the suppression of a rebellion, although all might dissent: and the king was empowered to enact an ordinance which the council might reject.

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; 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.

This petition was forwarded to the king through Mr. Edward Barnard, the colonial agent, who owed his appointment to the suggestion of Mr. Bigge, and the nomination of Lord Bathurst. His office was not, however, political. He was authorised to purchase stores for the local government; to give drafts on the colonial funds in exchange for cash; and otherwise to assist persons designing to emigrate to this country. He received 8 per cent. commission, and a salary until 1839, when it was withdrawn. He bore no resemblance to those bold political agents, such as Franklin, sent by the American colonists to watch their interests in Great Britain.

* * * * *

In the early journals the name of Sorell occurs frequently, to illustrate the qualities which adorn a ruler, and to point a satire on his successor. On his departure a banquet was given him, where, said the reporter, "the cup was often replenished, and the flow of reason never ebbed." It was observed, that the return freight for merino wool, which the colony owed to his care and foresight, anchored beside the Guildford, that was to carry him home.

Towards the close of Sorell's government, the commerce of the colony was assisted by the enterprise of some British merchants. A company was formed at Leith, with a capital of L100,000, professing to promote the welfare of the colonies, by taking their produce in exchange for merchandise. A succession of vessels were dispatched: the first was the Greenock; among the rest, the Triton, Captain Crear. These vessels introduced many families from Scotland, whose moral worth and successful enterprise have established their families among the chief of the land. The shipments provoked the anger, and broke up the monopoly of the local merchants.

The administration of Sorell was successful in colonial estimation: his habits were familiar without rudeness, and his fine countenance attracted the confidence of the stranger. He was accustomed to linger about the gate of government house, chatting with the passers by, and a slight excuse entitled the humblest ranks to prefer their solicitations. The admiration expressed by the settlers for his character, was partly the result of their relative positions. He was a dispenser of crown favors, and when compelled to refuse an immoderate suitor, he could refer his request to the governor-in-chief. The rigour of king's commissioner was softened by his official worth: nor is it necessary to search for a censure, amidst such concurrence of praise. The settlers, to express their regard, agreed to offer Sorell a testimonial of L750 value. They deprecated his recall by petition--a rare instance of popular favor: there was but one dissentient. A request so unusual might, perhaps, have been successful, had it not come too late.

On his return to England, he received a pension, which commencing in 1825, continued until his death--twenty-four years, and amounted to L11,500: more than the official salary he received during his government twice told. This pension was authorised by the crown, and charged on the colonial revenue. Sorell was colonel of the 48th regiment: he died on the 4th June, 1848, in the seventy-fourth year of his age.

The aspect of the country at this time was not inviting to strangers; but the current of colonisation was set in, and its ultimate superiority, compared with all others, became an article of Tasmanian faith. On this subject the agricultural societies maintained a war of papers. Baron Field, the chief justice of New South Wales, was the champion of that country, and dwelt on its vast forests, its wool, its boundless pastures and rivers. The president of the Tasmanian agriculturists urged all in the defence of Van Diemen's Land, which became his position. At that time, protective laws had not furnished them with more formidable weapons.

The trials and disappointments of the colonist pioneer, will have been long since forgotten. The modern emigrant to Australia can know them only in part. He is carried to his destination by a public conveyance, at a cost determined by extensive competition. He can have the mechanical labor he may need: he can buy the stock, descended from European flocks and herds, lower than in their native regions. The choice fruit trees, flowers, and plants, which multitudes have combined to collect, he can obtain often at a gift. The costly experiments of his predecessors have established the rules which preserve his crops from destruction, or his folds from disease. There is a market for his produce, and a bank for his money; and a school for his children.

A poet, of some celebrity, predicted the fortunes of Tasmania. The picture he drew, is no unpleasing prospect for posterity:--

"Now, on my soul the rising vision warms, But mingled in a thousand lovely forms! Methinks I see Australian landscapes still, But softer beauty sits on every hill: I see bright meadows, decked in livelier green, The yellow corn-field, and the blossomed bean: A hundred flocks o'er smiling pastures roam, And hark! the music of the harvest home! Methinks I hear the hammer's busy sound, The cheerful hum of human voices round; The laughter and the song that lightens toil, Sung in the language of my native isle! The vision leads me on by many a stream; And spreading cities crowd upon my dream, Where turrets darkly frown, and lofty spires Point to the stars and sparkle in their fires! Here Sydney gazes, from the mountain side, Narcissus-like upon the glassy tide! O'er rising towns Notasian commerce reigns, And temples crowd Tasmania's lovely plains! The prospect varies in an endless range; Villas and lawns go by, in ceaseless change: And wafted on the gale from many a dell, Methinks I hear the village Sabbath bell! Faith upward mounts, upon devotion's wings, And, like the lark, at heaven's pure portal sings; From myriad tongues the song of praise is poured, And o'er them floats 'the spirit of the Lord!'"

FOOTNOTES:

"AT A PUBLIC MEETING of the Landholders, Merchants, and Free Inhabitants of Van Diemen's Land, by public advertisement assembled, at the Court House, in Hobart Town, the 30th day of October, 1823, JOHN BEAMONT, Esq., Provost Marshal of Van Diemen's Land, in the chair;

"Resolved--(Moved by Edward Abbott, Esq. junior, seconded by James Gordon, Esq.)--That in the present state of this colony, that union of wisdom and experience, which his Honor Lieutenant Governor Sorell has on every occasion so strikingly exhibited, is most essential to our general and individual interests. It becomes therefore of the very utmost importance to us, that in any contemplated changes, as to this colony, Lieutenant Governor Sorell may not be removed from his present government; inasmuch as no successor, whom it may be the pleasure of his Majesty to appoint, can be possibly expected to bestow all that general and individual attention to our wants and wishes, and to be able, satisfactorily and advantageously, to encounter any difficulties which may occur, without a considerable lapse of time, and much probable encreased inconvenience; while from the steady, calm, decided, and experienced judgment of his Honor Lieutenant Governor Sorell, we have every reason to hope for the most prosperous continuation of his present successful administration.

"2nd. Resolved--(Moved by A. F. Kemp, Esq., seconded by F. Dawes, Esq.)--That a most dutiful Address be presented to his Majesty, grounded upon the preceding resolution; and that a committee of fifteen gentlemen be appointed to prepare the same, and to carry into effect the object of the present meeting, in such manner as shall appear most proper and expedient.

"3rd. Resolved--(Moved by T. G. Gregson, Esq., seconded by W. A. Bethune, Esq.)--That the Address, when signed, be forwarded with the least possible delay to Edward Barnard, Esq., our colonial agent in London, requesting that gentleman to adopt the necessary measures for forthwith submitting it to his Majesty's most gracious consideration, and to use his utmost endeavours to obtain the object of the same.

"4th. Resolved--(Moved by R. L. Murray, Esq., seconded by J. Gordon, Esq.)--That a subscription be forthwith entered into, to defray the expenses which may arise from carrying into effect the present resolutions, and for the purpose of presenting to his Honor Lieutenant Governor Sorell a Piece of Plate, in token of our affectionate remembrance of the great obligations we owe him, and that such subscription be limited to the sum of two dollars, individually.

"5th. Resolved--(Moved by A. F. Kemp, Esq., seconded by J. Archer, Esq.)--That H. J. Emmett, Esq. and P. A. Mulgrave, Esq. be requested to undertake the offices of treasurers of the subscription, for the counties of Buckingham and Cornwall, respectively.

"6th. Resolved--(Moved by T. G. Gregson, Esq., seconded by T. Anstey, Esq.)--That a copy of these Resolutions, and of the Address to his Majesty, be transmitted to his Honor Lieutenant Governor Sorell, in such manner as by the Committee shall be considered most respectful to the Lieutenant Governor, and suitable to the occasion.

"7th. Resolved--(Moved by R. Espie, Esq., seconded by J. Gordon, Esq.)--That the following fifteen gentlemen do form the committee for the purposes before resolved:--

E. Abbott, Esq. jun. T. Anstey, Esq. J. Archer, Esq. W. A. Bethune, Esq. F. Dawes, Esq. H. J. Emmett, Esq. J. Gordon, Esq. T. G. Gregson, Esq. S. Hood, Esq. A. W. H. Humphrey, Esq. A. F. Kemp, Esq. R. L. Murray, Esq. H. Ross, Esq. G. F. Read, Esq. J. Scott, Esq.

"8th. Resolved--(Moved by J. Archer, Esq., seconded by T. Anstey, Esq.)--That these Resolutions, and a copy of the Address to his Majesty, be inserted three times in the Hobart Town and Sydney Gazettes; and in the Times, New Times, Morning Chronicle, and Courier, London newspapers.

"JOHN BEAMONT, Provost Marshal, Chairman.

"The Provost Marshal having quitted the chair, and James Gordon, Esq. having been requested to take the same;

"Resolved--(Moved by E. Abbott, Esq., junior, seconded by R. L. Murray, Esq.)--That the thanks of this meeting be given to John Beamont, Esq., our worthy Provost Marshal, for the readiness with which he has convened the present meeting, and for his able, upright, and impartial conduct in the chair.

"JAMES GORDON, Chairman."]

HISTORY OF TASMANIA.

FROM 1824 TO 1836.

FROM 1824 TO 1836.