Page:History of Australia, Rusden 1897.djvu/286

 Eepeatedly the Governor preBsed upon Lord Hobart the urgent need of remodelling the Courts of Judicature. Lard Hobart vaguely lauded the Governor*s views^ hut did nothmg to give them effect. In August 1803 King devoted what hafl labelled as a " Separate, Judge's Letter '' to the subject, fl The Civil Com't was composed of the Judge- Advocate and two persons chosen by lot from the officers, civil and mihtary, and respectable free men. Li practice it had consisted of the Judge-Advocate, a military officer, and a ci%dlian or the naval officer. King said it was obvious that, *' however a sense of e^piity may be implanted in every man* a breast, », . there is very little probability of a soldier, sailor, or surgeon having ever made the law so much their study atifl to be equal to judge entirely for themselves in giving a ver-" diet without the advice of the Judge- Advocate. This would be attended with no great evil if the Judge- Advocate (Atkins) had a competent knowledge of the law, and it had made a part of his education, which would gi^^e greater confidGoce to the parties^ the members, and the Governor, in cases o^ appeal.'* The Governor have made the law his study, and must coiiaequently need that inionnatio and advice whicb eould only be given by a person who has made that profession aouiti part of hia study, and has no occasion to tumble over volume aft'ei" volume (and perhaps} in doubt at last) for what ought to^ require but little examinatiou." From AtlviiiB and his colleagues 'Hhere has scarce been ; cause without an appeal, which takes up too much of tha Governor's time." He trusted he had '*iii no installed departed from the dictates of equity between man and maii,1 although I certainly might have derived much beiielit from the advice of a professional man as Judge-Advocate." He adverted to the characters of Crossley, the convict attorney, and of another convict attorney, whom Governor Hunter had conditionally pardoned on his arrival, and made clerk to the Judge-Advocate. The man committed so palpable a peijury in the Appeal Courts that King, as Judge, of the J udK©- Advocate and others I deferred iU He still rtiumins ao indbpeoBable assiataat to that ofHcer ; but your Lordshiji will readily i>er- ceive the impropriety of the only lawotbcer in the eoiony having so bad i character as an assistant. Perhaps such assiat^iiice would «ot be ae for a profeBsionsd iwan," ice I hat^ i ueoeasaij^l
 * either as a soldier or aaUor (I apeak for myself), eiinnot be supposed I
 * ortlered him t-o be transported to Norfolk Island, but on the solicitatton