All The Witnesses Are Examined On Oath, And The Decision
Is Directed To Be Given According To The Laws Of
England, "or as nearly
as may be, allowing for the circumstances and situation of the settlement,"
by a majority of
Votes, beginning with the youngest member, and ending
with the president of the court. In cases, however, of a capital nature,
no verdict can be given, unless five, at least, of the seven members present
concur therein. The evidence on both sides being finished, and
the prisoner's defence heard, the court is cleared, and, on the judgement
being settled, is thrown open again, and sentence pronounced. During the time
the court sits, the place in which it is assembled is directed to be surrounded
by a guard under arms, and admission to every one who may choose to enter it,
granted. Of late, however, our colonists are supposed to be in such a train
of subordination, as to make the presence of so large a military force
unnecessary; and two centinels, in addition to the Provost Martial,
are considered as sufficient.
It would be as needless, as impertinent, to anticipate the reflections
which will arise in reading the above account, wherein a regard to accuracy
only has been consulted. By comparing it with the mode of administering
justice in the English courts of law, it will be found to differ in many points
very essentially. And if we turn our eyes to the usage of military tribunals,
it no less departs from the customs observed in them. Let not the novelty
of it, however, prejudice any one so far as to dispute its efficacy,
and the necessity of the case which gave it birth.
The court, whose meeting is already spoken of, proceeded to the trial
of three convicts, one of whom was convicted of having struck a marine
with a cooper's adze, and otherwise behaving in a very riotous and scandalous
manner, for which he was sentenced to receive one hundred and fifty lashes,
being a smaller punishment than a soldier in a like case would have suffered
from the judgement of a court martial. A second, for having committed
a petty theft, was sent to a small barren island, and kept there on bread
and water only, for a week. And the third was sentenced to receive
fifty lashes, but was recommended by the court to the Governor, and forgiven.
Hitherto, however, (February) nothing of a very atrocious nature had appeared.
But the day was at hand, on which the violation of public security
could no longer be restrained, by the infliction of temporary punishment.
A set of desperate and hardened villains leagued themselves for the purposes
of depredation, and, as it generally happens, had art enough to persuade
some others, less deeply versed in iniquity, to be the instruments
for carrying it on. Fortunately the progress of these miscreants was not
of long duration. They were detected in stealing a large quantity
of provisions at the time of issuing them.
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