occasions to divest themselves of the soldier, and
to judge as the citizen. Without meaning to impugn
the general impartiality and justice of their decisions,
it may be easily imagined that an individual might
happen to be traduced before a court, of
which all, or part of the members, might
from various causes be his enemies. No
one has mixed much in military society, without witnessing
that esprit du corps which is so common in
regiments, and which, however much it may contribute
to their union and happiness, is, in a community of
this nature, of the most dangerous tendency to the
individual, against whom its collected fury may be
levelled. It must be remembered that this colony
is not like a country town from whence a regiment may
be removed the moment its conduct becomes obnoxious
to the inhabitants. There the regiments necessarily
remain for many years, and from this very circumstance,
disputes of a much more serious and rancorous nature
are apt to arise between the inhabitants and the military,
than are known in this country. And this observation
applies more particularly to the officers and the
superior class of the colonists: since the disputes
and contests which take place between the lower orders
of the inhabitants and the common soldiery, generally
arise on the spur of the moment, and evaporate with
the immediate cause of the provocation; while the
others are more frequently the effect of cool and
deliberate insult, and consequently settle into a fixed
and inveterate hostility. Under these circumstances,
therefore, it is not to be wondered at, that no person
should feel himself in perfect security. The
respectability of the higher order of the colonists
may indeed shield the generality of them from any
likelihood of their being ever arraigned before this
tribunal; but still it might happen to them to be
traduced before a court composed of their bitterest
foes, not only on charges of a mixed nature, such
as assault, battery, libel, etc. but also on others
of a much weightier responsibility. The probability
of such a contingency would be still further increased
if the governor should happen to have imbibed the
same spirit of hostility against the accused, which
I have supposed actuating the military. For although
the present governor, in order to render the administration
of justice as unimpeachable as the nature of this
court will allow, has invariably appointed the members
of it according to the roaster furnished by the commanding
officer of the regiment, his predecessors did not,
I believe, invariably observe the same delicacy, nor
is it incumbent on his successors to imitate his example.
Any person therefore, who may unfortunately become
obnoxious to the governor and the officers of the
regiment, or indeed any part of them, should he be
accused of any offence within the pale of the criminal
court, might be thus forced to take his trial before
his selected and implacable enemies.