HC Deb 25 March 1830 vol 23 cc856-7
Mr. Jephson

said, Sir, I had given notice of an Address to the Crown to extend the right of Trial by Jury to New South Wales and Van Dieman's Land: I now rise with great pleasure to withdraw this Motion, as it has been rendered unnecessary by the fair and liberal way in which I have been met by the right hon. Gentleman opposite. He has agreed that an Order of Council should forthwith issue, directing that Juries, formed of the Colonists, and with all the incidents of English Juries, should be granted to all defendants in New South Wales and Van Dieman's Land, where the conduct or character of the Government or Governor, or of the Executive Council, or any of its members, should be concerned; also in cases where any conflicting interest or party feeling existed between the civil and military classes,—instead of the present Jury of seven officers, selected by the Governor." This ought, I think, to satisfy the Colonists, and those who interest themselves on their behalf in this House; and I do assure the right hon. Gentleman that I receive this concession made so freely out of this House with much greater pleasure than if a majority of the House had forced upon him the resolution I had this night intended to move. The effect will be very different in the Colony. The enlightened portion of the Colonists must see that the Government is not one of its tyrannical masters; but that there are those now who are intrusted with the management of Colonial affairs who are willing to concede their fair desires, and to impart the full blessings of a Constitution which is the heritage of the Colonist. Before I sit down, if I might hope that any advice of mine would reach the Colonies, it would be this—that the liberal portion of the Press in that colony should abstain from that coarseness of vituperation and harshness of expression towards all who are placed in authority which I have been sorry to remark in the researches I have been obliged to make in preparing for this Motion. Such feelings are, in all states of society, to be lamented; but in a free country more particularly so, as they must retard that prosperity which a more cordial co-operation between the governor and governed could not fail in so fine a colony to produce.

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