Please wait. Contacting image service... loading

Article text

SUPREME COURT.
VAN DIEMEN'S LAND,
MAY 24TH, 1824.
On this day the Court opened by adjourn-
ment, when JOSEPH TICE GILLIBRAND, Es-
quire, appeared, and addressed the Court
to the following effect :—
"I have the honour of presenting to this
Court His Majesty's Commission, by
which I am appointed to the office of
Attorney-General to this Colony, and of
stating that I am prepared to take such
Oaths of Office as Your Honor may be
pleased to administer."
Upon this address, His Honor the CHIEF
JUSTICE expressed his satisfaction at the
appointment, and desired the learned Gen-
tleman to take his seat at the head of the
bar.
The Attorney-General, having complied
with the direction of His Honor, then rose,
and addressed the Court :—
" May it please Your Honor,—It now
becomes my painful duty, in the exercise
of the functions of that high office with
which His Majesty has been pleased to in-
vest me, to present to the Court an awful
catalogue of crime.
" I feel it my duty previously, to offer
some observations upon the boon which
His Majesty has been graciously pleased
to confer upon this Colony ; and when I
consider that 20 years have scarcely elap-
sed since this Island was a barren and de-
solate country, so far as regards civiliza-
tion, and view what it now is, its popula-
tion, its agriculture, and its riches, I con-
sider that this is one of the most favoured
spots in the world.
" When I call to mind that every thing
which is valuable to man, either as a ra-
tional, social, and moral being, is possesed
and enjoyed here—when I further con-
sider that we have all these invaluable
blessings without the imposts and duties
which are necessarily imposed upon the
Mother Country, it is natural that we
should feel attached to that Government
which has bestowed them, and grateful
to that Providence which has blessed us
with the possession of so many enjoyments.
I consider this day, a day which estab-
lishes a Court of Civil and Criminal Judi-
cature, and which secures the rights and
privileges of the subject, as one of the
proudest the Colony has ever known, and
I feel no small share of that pride, in being
an humble instrument in aiding and assist-
ing upon such an occasion.
" Although I shall be under the painful
necessity of laying before the Court a
heavy catalogue of crimes and misdemean-
ours, yet it is subject of congratulation,
considering how long a period it is since
there has been a Criminal Court in this
place, that the offences are so few, com-
pared with what might have been expect-
ed in a Colony so constituted as that of
Van Diemen's Land. This circumstance
affords a just ground of eulogium, not
only on the wise and able administration
of the late Lieutenant Governor, but also
manifests the vigilance and care of the
Magistrates, to whom the preservation of
the public peace has been intrusted.
" One of the greatest boons conferred
by the Legislature upon this Colony is the
Trial by Jury : this is the fundamental
principle of the Charter, and I trust the
Court will pardon me, if instead of stating
my own opinion, I give the opinions of
some of those who have written upon this
important subject. Mr. Justice Black
stone's encomium is so just, striking, and
beautiful, that I shall read it to the Court
at length.
" The Trial by Jury ever has been, and I
trust ever will be, looked upon as the glory
of the English law. And if it has so great
an advantage over others in regulating
civil property, how much must that ad-
vantage be heightened when it is applied
to criminal cases ? This Trial by Jury is
the most transcendant privilege which any
subject can enjoy or wish for ; that he can-
not be affected either in his property, his
liberty, or his person, but by the unani-
mous consent of twelve of his neighbours
and equals. A constitution that I may
venture to affirm has, under Providence,
secured the just liberties of this nation for
a long succession of ages ; and therefore a
celebrated French writer, who concludes
that because Rome, Sparta, and Carthage
have lost their liberties,- therefore those of
England in time must perish, should have
recollected, that Rome, Sparta, and Carth-
age, at the time when their liberties were
lost, were strangers to the Trial by Jury."
"I will also present to the Court the
opinion of DeLolme, who though a foreigner
is justly considered as one of the best
of our constitutional writers ; after having
stated in a manner similar to Mr. Justice
Blackstone, he thus expresses himself:—
" All these circumstances have combin-
ed to introduce such a mildness into the
exercise of criminal Justice, that the Trial
by Jury is that point of their liberty to which
the People of England arc most thorough-
ly and universally wedded ; and the only
complaint I have ever heard uttered against
it, has been by men who, more sensible of
the necessity of public order than alive
to the feelings of humanity, think that too
many offenders escape with impunity."
" Having thus adverted to the criminal,
it may not be inapplicable that I should
speak of the civil law.
" When I reflect on the humble abilities
of the individual who addresses the Court
—on the errors of judgment to which all are
prone—on the deceitfulness of the human
heart—against which, we cannot sufficient-
ly guard—I feel a satisfaction and a consol-
ation in knowing, that if through the influ-
ence of such causes, any individual should
be unfortunately oppressed, he has his
remedy in that glorious bulwark of our con-
stitution, the writ of Habeas Corpus.—
These are the boons—these are the privi-
ledges—these are the blessings—for which
our fore-fathers fought, and bled, and died
—and these boons, privileges, and bless-
ings are the birthright of every Englishman
—and though I am removed far from the
the country that gave me birth, I am bound
to say, that, standing in this remote part of
the world (through His Majesty's most gra-
cious Charter), I possess and enjoy them
here.
"To me is entrusted one of the most
painful offices which can be sustained by
any individual ; added to which, I have to
exercise the functions of a Grand Jury ;
which it is my duty to discharge honestly -
fearlessly—uprightly—and, however pain-
ful and difficult may be the discharge of
these duties, I am encouraged by the sen-
timents expressed by a man, not more dis-
tinguished as a Lawyer, than as a Christ-
ian—namely, My Lord Chief Justice Hale,
who says,—
" That in the administration of justice, I
am entrusted for GOD—the KING—and
COUNTRY ; therefore, that it must be done
uprightly, deliberately, resolutely.
" That I rest not on my own understand-
ing or strength, but implore and rest upon
the direction and strength of GOD.
" That in the execution of judgment, I
carefully lay aside my own passions, and
not give way to them however provoked,
" That I be wholly intent upon the busi-
ness I am about, remitting all other cares
and thoughts as unseasonable, and inter-
ruptions.
" That I suffer not myself to be prepos-
sessed with any judgment and, till the
whole business and both parties be heard.
"That I never engage myself in the be-
ginning of any cause, but reserve myself
unprejudiced till the whole be heard.
" That in business capital, though my na-
ture prompt me to pity ; yet, to consider
that there is also a pity due to the country.
" That I be not too rigid in matters pure-
ly conscientious, where all the harm is
diversity of judgment.
" That I be not biassed with compassion
to the poor, or favour to the rich, in point
of justice.
" That popular or court applause, or
distaste, have no influence in any thing I
do, in point of distribution of justice.
" Not to be solicitous what men will say
or think, so long as I keep myself exactly
according to the rule of justice.
" If in criminals it be a measuring cast,
to incline to mercy and acquittal.
" In criminals that consist merely in
words, when no more harm ensues, mo-
deration is justice.
" In criminals of blood, if the fact be
evident, severity is justice."
" I wish in few words to state the line of
conduct I intend to pursue ; that if, in the
cases, which I must of necessity bring be-
fore the Court, and with respect to which
many persons may be implicated, that whe-
ther they be high or low, rich or poor, bond
or free—I must and will do my duty."
$