Page:A colonial autocracy, New South Wales under Governor Macquarie, 1810-1821.djvu/85

 Secretary of State could arrive, and the danger of weakening the higher authorities in a society composed of such discordant materials, all more or less influenced the determination of the Government

Macquarie agreed with this reasoning, and even indulged "a fond hope that this measure will never be resorted to in this Colony". The result of the decision was that the party spirit which it was feared a Council might create was fostered and encouraged by the disappointment of not receiving one. The Governor, directed to consult with "the best-informed characters in the settlement," continued to seek advice in those quarters where he thought it would be most favourable to his own views. As the population and importance of the Colony became greater, he found himself more and more compelled to widen the circle of his counsellors.

The criminal judicature of the Colony had been established by statute and a Commission under the Privy Seal in 1787, the civil judicature by the latter only.

The Criminal Court convened by the Governor from time to time as occasion required, consisted of the Judge-Advocate and six officers of His Majesty's forces by sea or land. King's ships were so seldom in port that in practice the six officers came to be furnished entirely by the regiments stationed for the time being in New South Wales. They were selected in the same way as for a General Court-martial, and the aspect of the Criminal Court was wholly military, for they appeared in "the insignia of duty, the sash and sword". Save that the Judge- Advocate presided, the procedure also was assimilated to that of courts-martial. Having administered the oath to the other members, the Judge-Advocate received it from them in his turn. He also exhibited the charge against the prisoners, being indeed the only Crown prosecutor. Procedure was by examination, the Court administering the oath to witnesses.