The Present Picture of New South Wales (1811) by David Dickinson Mann
page 129 of 150 (86%)
page 129 of 150 (86%)
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judicature, to be banished to one or other of the dependent
settlements: And I have heard a magistrate tell a prisoner who was then being examined for a capital offence, and had some things found upon him which were supposed to have been stolen, and for which he would not account, that, were he not going to be hanged so soon, he (the magistrate) would be d----d if he would not make him say from whence he got them. Nor do I believe it less true, that records of an examination, wherein a respectable young man was innocently engaged, have been destroyed by that same magistrate before whom the depositions were taken. These and numerous other cases which I could enumerate, cannot admit of a doubt but that such a regulation must tend greatly to the preservation of the liberty of the subject, the property of all classes of the inhabitants, and the general interest and security of the colony at large. I should also strongly advise, that nine or ten of the principal officers of government should be authorized to act in the capacity of council, to whom the governor could resort, in all periods of difficulty and delicacy, for advice how to shape his conduct, by which means he would not, in any future instance, be left wholly dependent upon his own judgment. The good effects of this arrangement must soon be evident, since the issuing of an order of council could not fail to carry with it much additional weight to that which would be attached to an act of the governor alone, and would tend to the speedy suppression of any appearance of insubordination, and discourage those who should incline so to act as to originate a spirit of dissatisfaction in the settlement. To a want of this council, it may not be too much to attribute the present unsettled state of the colony, and the |
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