Should the Governor see cause, he is enabled to grant pardons to offenders convicted, “in all cases whatever, treason and wilful murder excepted,” and even in these, has authority to stay the execution of the law, until the King’s pleasure shall be signified.  In case of the Governor’s death, the Lieutenant Governor takes his place; and on his demise, the senior officer on the spot is authorised to assume the reins of power.

Notwithstanding the promises made on one side, and the forbearance shewn on the other, joined to the impending rod of justice, it was with infinite regret that every one saw, in four clays afterwards, the necessity of assembling a Criminal Court, which was accordingly convened by warrant from the Governor, and consisted of the judge Advocate, who presided, three naval, and three marine officers.

As the constitution of this court is altogether new in the British annals, I hope my reader will not think me prolix in the description I am about to give of it.  The number of members, including the judge Advocate, is limited, by Act of Parliament, to seven, who are expressly ordered to be officers, either of His Majesty’s sea or land forces.  The court being met, completely arrayed and armed as at a military tribunal, the Judge Advocate proceeds to administer the usual oaths taken by jurymen in England to each member; one of whom afterwards swears him in a like manner.  This ceremony being adjusted, the crime laid to the prisoner’s charge is read to him, and the question of Guilty, or Not guilty, put.  No law officer on the side of the crown being appointed, (for I presume the head of the court ought hardly to consider himself in that light, notwithstanding the title he bears) to prosecute the criminal is left entirely to the party, at whose suit he is tried.  All the witnesses are examined on oath, and the decision is directed to be given according to the laws of England, “or as nearly as may be, allowing for the circumstances and situation of the settlement,” by a majority of votes, beginning with the youngest member, and ending with the president of the court.  In cases, however, of a capital nature, no verdict can be given, unless five, at least, of the seven members present concur therein.  The evidence on both sides being finished, and the prisoner’s defence heard, the court is cleared, and, on the judgement being settled, is thrown open again, and sentence pronounced.  During the time the court sits, the place in which it is assembled is directed to be surrounded by a guard under arms, and admission to every one who may choose to enter it, granted.  Of late, however, our colonists are supposed to be in such a train of subordination, as to make the presence of so large a military force unnecessary; and two centinels, in addition to the Provost Martial, are considered as sufficient.