The Present Picture of New South Wales (1811) eBook

This eBook from the Gutenberg Project consists of approximately 143 pages of information about The Present Picture of New South Wales (1811).

The Present Picture of New South Wales (1811) eBook

This eBook from the Gutenberg Project consists of approximately 143 pages of information about The Present Picture of New South Wales (1811).
be attached to an act of the governor alone, and would tend to the speedy suppression of any appearance of insubordination, and discourage those who should incline so to act as to originate a spirit of dissatisfaction in the settlement.  To a want of this council, it may not be too much to attribute the present unsettled state of the colony, and the maturation of a faction which has perverted the streams of justice, and which has impeded the growth of opulence throughout the settlement, merely to enrich a select party at the expense of the general welfare, and consequently to spread vice and ruin through a land, whose prosperity has never become their care, although it was a solemn pledge of their leaders to support and cherish it to the very utmost of their ability.

In addition to this council composed of the chief officers of the government, I consider it essentially requisite that a barrister should be appointed as a counsellor to the governor, at all times when his excellency is referred to in matter of doubtful disputation, which must oftentimes occur in the colony, and which frequently reduces him to an unpleasant dilemma.  Aided by a legal adviser, however, his judgment must be strengthened, and his decision would be more weighty, without creating in his breast those uneasy sensations which must arise under different circumstances.  In the present conformation of the government, the governor has no legal adviser to have recourse to when an appeal is made to his decision, which is not rarely the case, except the judge advocate, and this officer having previously given his opinion in the court below cannot, of course, be again consulted on the same subject.  In consequence of this default of advice, the governor must give his own opinion, which may or may not be in conformity with the laws of the mother country, just as it may happen, and according to the knowledge he may possess of the principles and practice of jurisprudence, which is seldom very deep in persons whose inclinations are so opposite to this kind of study as the officers of the navy and army, from whom the governors of the colony have hitherto been selected.  This counsellor could be selected from those who might be induced to listen to such a proposal, as may place before them a certain liberal competence, with the opportunity of rising to independence in a sphere where the number of competitors would be so low as to render final success less precarious.  It is needless to expatiate more amply upon the benefits which must accrue from an appointment of this nature, which would impose but a trifling additional burden on the crown, since it is extremely possible that a barrister might be obtained for the salary of 150L. per annum, which, together with the victualling of himself and his family and servants from the public stores, and residence in the colony rent-free, added to the other customary indulgences given to persons from whose services utility is expected to be derived, would not make his situation worth less than 500L. per annum, a temptation which must possess some weight in the minds of those who meet with inadequate encouragement in England.

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The Present Picture of New South Wales (1811) from Project Gutenberg. Public domain.