§ Mr. Humesaid, that, in presenting a Petition from an individual of the name of Thomas Cooke, now residing in Van Diemen's Land, his object was not so much to create discussion, as to call the attention of his Majesty's Government to a subject which interested the inhabitants of that colony in particular, and the Members of that House in general. The petitioner stated the precarious condition in which British subjects were placed in that colony, owing to their being left without the protection of British institutions, and called the attention of Government to various acts committed by the Lieutenant-Governor, which the petitioner denounced as arbitrary and oppressive, and contrary to the real interests of the colony. The petitioner further stated, that he had every reason to believe that the Lieutenant- Governor, Colonel Arthur, had received from the late Government orders to institute Trial by Jury in Van Diemen's Land as it existed in England, but that he had refused to put that order in force. He further stated, that there were 20,000 free persons in and near Hobart town, in which place he resided, capable of acting as Jurors. He knew the interest that was felt on this subject, both in England and in the colony; and when he recollected, that in the Bill which the House had passed three years ago, for the better government of New South Wales, a clause had been inserted enabling the Judges, instead of military Juries, to empanel a Jury of civilians, he saw no reason why a similar provision should not be extended to Van Diemen's Land. That clause had given great satisfaction in New South Wales. If the Ministers did not introduce some measure of their own on the subject before the end of the Session, he should certainly bring forward a Motion for the purpose of obtaining for the inhabitants of Van Diemen's Land those institutions and those privi- 533 leges which had been productive of so much benefit to the inhabitants of the mother country.
§ Mr. Thomas Gladstoneobserved, that as the petitioner had produced no evidence to support his allegations, the House ought not to deal with them as if they were convinced of their correctness. At present, he believed that the law entitled Judges to grant a Trial by Jury in all civil cases. It was only in criminal cases that Trial by Jury was not granted. The noble Lord at the head of the Colonial Department was inclined to think that Trial by Jury might be introduced in some criminal cases in Van Diemen's Land. In New South Wales it was granted in all cases, except where the party to be tried, on account of local or private prejudices, thought that it would be for his interest to be tried by a military tribunal. He thought that a similar provision might safely be extended to Van Diemen's Land.
Mr. O'Connellhad paid great attention to the subject, and he felt bound to say that he had never met with one single case in which the parties preferred a military trial. The introduction of Trial by Jury had given the utmost satisfaction in New South Wales; surely, there could be no valid ground of objection to its introduction into Van Diemen's Land.
§ Mr. Henry Lytton Bulwersaid, that two years ago the noble Lord, the late Secretary for the Colonies had stated, that such an arrangement was about to take place, and he was much surprised to find that these orders were only now put in force. He hoped the right hon. Gentleman would gratify many persons who were in anxious expectation of the improvement being effected by taking into consideration the subject of some modification of a legislative assembly for this colony.
§ Petition laid on the Table.