Page:History of New South Wales from the records, Volume 1.djvu/679

 555 THE JUDGE-ADVOCATE'S OPINION. In a letter to Evan Nepean, dated 15th November, 1788, Judge- Advocate Collins humbly explained his share in the legal difficulty which had occurred with reference to the Court-martial. His " opinion '' on the question is interesting not only as the earliest specimen of legal literature of which we have any record, but as Ooiuns to showing the peculiar method by which its author arrived at his ^^^^^ *~ conclusions on points of law. Sydney Cove, Port Jackson, Dear sir, 15 November, 1788. I beg l6ave to trouble you with the inclosed paper. It contains my opinion on the question respecting General Courts- martial in this country, and the expedient that I proposed of Encloses his getting over the difficulty that was started by myself and adopted ^p"**®" » by the officers here. I beg you to rest assured, and through the whole of your con- sideration on this affair to take this with you, that nothing would give me more pain than to be thought to start difficulties for the regrets the sake of throwing obstacles in the way of the service. The doubts *^*®<^^*y » that occurred to me were deemed satisfactory to the officers of marines here, and the resolution adopted that you will find among the public letters from the Governor. I sincerely wish the expedient I proposed had been also adopted. I sincerely hope you enjoy your health, and remain, with great esteem, &c., David Collins. I should be glad of a fresh supply of paper, and would be extremely obliged to you if you would order Cooper to send me wants law Blackstone's Reports, any author that treats on Costs, and any ^^^ law publication of note that has appeared since my departure, with whatever Acts of Parliament you may think necessary. Evan Nepean, Esq. Sydney Cove, Port Jackson, 13 October, 1788. To the question " Whether a General Court-martial, formed of Opfaiion. marine officers, can assemble by virtue of a warrant from his Majesty's Govemor-in-Chief of this territory, having a Commis- sion to grant the same ? " I reply — I am of opinion that, being marine officers, they cannot comply No. with the directions of the Act of Parliament passed for their Digitized by Google