is too serious a sacrifice of private advantage to public duty; and it is not, therefore, to be wondered at that a general disposition should be manifested by the inhabitants of Van Diemen’s Land to suffer quietly the depredations that may be committed on their property, rather than incur perhaps the much greater loss attached to the prosecution of the offender.  The remedy, which they possess for civil injuries is, indeed, somewhat more palatable, but still far too remote and expensive.  The principal reason, indeed, why so many debts and obligations contracted in these settlements, become matter of action before the supreme court at Port Jackson, is to be traced to the satisfaction which results from compelling one who considers himself a privileged plunderer, and at liberty to fatten with impunity on the industrious, to disgorge the wealth of others, which he may have thus sucked.  The expence, however, of supporting witnesses at so great a distance from their homes, and the precarious issue of suits in general, induce many creditors to run the risk of voluntary payment at some future period, who would not hesitate to institute actions against their debtors, if there were a competent tribunal within their reach.  The want, therefore, of a court possessing an unlimited civil and criminal jurisdiction, is of the most baneful consequence to these infant settlements.  It encourages all species of crimes and dishonesty, strikes at the very root of virtue and religion, and cannot but have a most pernicious effect on the morals of the rising generation.

Such are the leading defects in the actual system of jurisprudence established in this colony; and I think it will not be disputed that a more crude and undigested organization of the colonial courts could hardly have been devised.  Whether the judges of these courts have made any representations on the subject to his Majesty’s government I am not aware; but I should apprehend not, or surely they would have been remodelled ere this after a more perfect design.  To effect this highly important object would be a matter of very great ease:  it appears to me that the following measures would amply suffice. 1st, The entire abolition of the actual courts of civil and criminal jurisdiction; 2dly, The creation in their stead of one supreme court, consisting of a chief justice and three puisne judges; 3dly.  The establishment of trial by jury; and lastly, the creation of a high court of appeals to consist of the governor in council.  The sittings of the supreme court should only be held at Sydney, the seat of government; but circuits should be established through-out the different districts of the colony, and of its dependent settlements in Van Diemen’s Land, and commissions of assize, of oyer and terminer, and of general gaol delivery should be issued by the governor to the judges at stated periods, and they should determine among themselves their respective circuits.  These courts of assize should possess the same power as belongs