A Narrative of the Expedition to Botany-Bay by Watkin Tench
page 39 of 82 (47%)
page 39 of 82 (47%)
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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 |
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