passed, provided for the government of the Colony until July, 1827, and was thus only a temporary measure.[1] The main lines of the Bill followed Bigge's Reports very closely and need not be recapitulated.
The delay in granting trial by jury in criminal cases roused considerable opposition, and Sir James Mackintosh moved in committee for its immediate introduction, but without success.[2] The Criminal Court remained little altered, an additional officer being added, or failing an officer a magistrate against whom the right of challenge might be exercised.[3] But in the Civil Court, where the Chief Justice was in general to be assisted by two magistrates (the right of challenge being again allowed), it was also possible at the desire of the parties that a jury of twelve might be called.[4] Nor was any qualification required in a juror other than the possession of fifty acres of freehold land, or a freehold dwelling valued at £300.[5]
At any time jury trial might be adopted in the Criminal Court by the issue of an Order in Council, which suggests that the Government thought that this further change might be made before the expiration of the Act in 1827.
The Bill contained very little relating to the convicts, but two provisions closely affected emancipists.[6] By these the remissions already given by the Governor were declared to have the power of pardons under the Great Seal, but future remissions were to have that power within New South Wales only.[7]
The emancipists, or Edward Eager representing them in England, decided that the Bill did not offer them sufficient redress; and at his request Sir James Mackintosh presented to Parliament the petition which had been drawn up in 1819.[8] Mackintosh also opposed the provisions in Committee,[9] though in this instance also he was unsuccessful. It is notable that
- ↑ This limitation of the Act was made in committee on the motion of Canning. See Times, 8th July, 1823.
- ↑ See Times, 8th July, 1823. A division was taken, but the motion was lost by thirty votes to forty-one.
- ↑ 4 George IV., cap. 96, s. 4.
- ↑ Ibid., s. 5.
- ↑ Ibid., s. 6.
- ↑ See s. 21 and s. 22.
- ↑ All remissions were also to be transmitted to His Majesty for approbation or allowance, s, 22.
- ↑ See Chapter IX.; p. 275. Petition was presented and read on 8th July, 1823. See Times, 9th July, 1823.
- ↑ See Times, 10th July, 1823.
