026 - Hunter Valley Manuscript - July 1833

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Description(026.jpg) Verso bills - Then why attempt to interfere with the profets of one particular branch of one profession - Why not leave the public to judge whether it is better to remunerate their lawyer who should be a man of honor and education or keep a procureur an underling promoter of litigation in its employ - Cheap law has always proved the worst mode of prosecuting litigation - Why not try courts of consiliation - They have been said to work badly in some countries but in Sweden and Denmark it is believed that two thirds of the cases that have gone before them have been adjusted - Another circumstance which occasions general dissatisfaction amongst the colonists, is that of having military men for police magistrates - General Bourke although himself of that profession seems thoroughly impressed with the impolicy and absurdity of the measure of appointing officeis from the different regiments whose tour of duty may bring them to our shores, as arbitrary judges in most classes where the prison population are concerned to say nothing of their want of proper knowledge of the laws of the country in [oures] relating to free persons - Many of their military gentlemen are appointed and ordered off to their district the very moment they land, and are consequently entirely ignorant of the acts of [Council] and Government orders which affect prisoners - as well as utterly unconversant with the modes of proceeding and rules of evidence in Courts of Justice - The natural consequence is they are feared for their despotism and laughed at for their ignorance, the least that can be expected is that the purpose as was once gravely proposed for the French judges, but no! These gentlemen who possibly have attended some few Court Martials at the utmost, have [Burns] Justice tucked under one arm and the Acts of Council and Government orders smugly tucked under the other and thus marched off in regimentals to [distiose] arbitrarily of the liberties and welfare of their fellow creatures - A military man who has been SubjectNSWHunter ValleySettlerNew South Wales historyNSW historyAustralian historyMaitlandNew South WalesAustraliaDatenot specified

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