It Commences Again At 135th Degree Of Longitude East Of Greenwich,
And, Proceeding In An Easterly Direction, Includes All Islands
Within
the limits of the above specified latitudes in the Pacific Ocean.
By this partition it may be fairly presumed,
That every source of future
litigation between the Dutch and us will be for ever cut off,
as the discoveries of English navigators alone are comprized in this territory.
Nor have Government been more backward in arming Mr. Phillip with plenitude
of power, than extent of dominion. No mention is made of a Council
to be appointed, so that he is left to act entirely from his own judgment.
And as no stated time of assembling the Courts of justice is pointed out,
similar to the assizes and gaol deliveries of England, the duration
of imprisonment is altogether in his hands. The power of summoning
General Courts Martial to meet he is also invested with, but the insertion
in the marine mutiny act, of a smaller number of officers than thirteen
being able to compose such a tribunal, has been neglected: so that
a Military court, should detachments be made from headquarters,
or sickness prevail, may not always be found practicable to be obtained, unless
the number of officers, at present in the Settlement, shall be increased.
Should the Governor see cause, he is enabled to grant pardons to offenders
convicted, "in all cases whatever, treason and wilful murder excepted,"
and even in these, has authority to stay the execution of the law,
until the King's pleasure shall be signified. In case of the Governor's death,
the Lieutenant Governor takes his place; and on his demise, the senior officer
on the spot is authorised to assume the reins of power.
Notwithstanding the promises made on one side, and the forbearance shewn
on the other, joined to the impending rod of justice, it was with infinite
regret that every one saw, in four clays afterwards, the necessity
of assembling a Criminal Court, which was accordingly convened by warrant
from the Governor, and consisted of the judge Advocate, who presided,
three naval, and three marine officers.
As the constitution of this court is altogether new in the British annals,
I hope my reader will not think me prolix in the description I am about to give
of it. The number of members, including the judge Advocate, is limited,
by Act of Parliament, to seven, who are expressly ordered to be officers,
either of His Majesty's sea or land forces. The court being met, completely
arrayed and armed as at a military tribunal, the Judge Advocate proceeds
to administer the usual oaths taken by jurymen in England to each member;
one of whom afterwards swears him in a like manner. This ceremony
being adjusted, the crime laid to the prisoner's charge is read to him,
and the question of Guilty, or Not guilty, put. No law officer on the side
of the crown being appointed, (for I presume the head of the court ought hardly
to consider himself in that light, notwithstanding the title he bears)
to prosecute the criminal is left entirely to the party, at whose suit
he is tried.
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