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The Sydney Gazette and New South Wales Advertiser (NSW : 1803-1842) (about)
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Cite: http://nla.gov.au/nla.news-article2189101
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On Tuesday last arrived, from London, via "Hobart Town, the ship Medway, Captain 4 Wight. The manifest of her cargo has
been already published in our Paper. Passengers, from London-Mrs. Liscomb, JWrs. Levi, 4 children, and 2 servants. From Hobart Town; Mr. Cavenagh Richardson, Captain Bell and lady, with 3 children and a servant ; also, 8 steerage passengers.
Same day arrived, from Port Stephens, the
cut er Lambton.
On Monday last sailed, for New Zealand, the brig Elizabeth.
On W ednesday last sailed, for Port Mac- quarie, the Government schooner Alligator.
The Governor Phillip and Regent Bird, for Port Macquarie and Moreton Bay, and the Industry, ' for the Society Islands, are an- nounced to sail to-morrow ; the Triton, for Batavia, on Sunday next ; and the Elizabeth, for London, on the 25th instant.
Agricultural Society-We have to regret that press of business obstructed our early attendance at this meeting by two hours, owing to which, we are prevented from furnishing the particulars until Mon- day, because our Journal is now at press Parramatta net er looked so gay, from the vast and respectable con- course that had concentrated themselves ni that town from all quarters of the country. The shew of horses, whilst it displayed the attention that had been given to the colonial breed, also satisfied some of the most experienced spectator«, that ne bid fair to eclipse Newmarket itself. The ewes and the rams were aKo pionounced ni least equal to those of the Escurml, if not vying with the Electoral fleece We have just opportunity farther to add, that the Dinner was more numerously attended than upon any former occasion, ot winch were present nearly all the rank, talent, and integrity, of wini h Australia can boast. Further p irt cu ars must L« deferred.
Thr primary topic of public discussion, ?- next to that of conjectures in reference to the New New South Wales Act, is that of the unexpected policy of the Administration of
Van Diemen's Land. Letters from various jquarters, on both sides of that isTand, have been flowing in upon us, for some time past, expatiating upon the growing popularity of the indefatigable Lieutenant Governor ; when, to our astonishment and regret, in pops an Act of Council, insisting upon a duly of three-pence upon every Newspaper in that pigmy part of the world, which is no more, when compared to New South Wales, than a « garden to a forest. Looking at the relative
condition of each of the Colonies, and finding »-that the Empress of the Southern Ocean was
as jet unable to afford a Stamp Duty of four pence on a paper, how could it have entered into the pericranium of any Tasmanian Coun- cillor to have imagined, that one of the out- houses of Australia could possibly be possessed of means to pay three-fourths of a sum that -«xceeds, by two hundred per cent, the stamp duty upon Newspapers at the Cape of Good Hope, where the English and Dutch alike f wim in gold. Besides, another thing ought 4o be considered ; however independent the 'honest folks of Tasmania may consider them- selves, nevertheless it is not the less a fact, that they are dependent upon the Colony which brought them into existence, and which con- siderately supports them, by nlk-ving Tas- mania of that surplus grain that otherwise must inevitably be consigned^to that class of brutes = which were the abomination of the Israelites. Let it be recollected, however» that we have no intention to pour contempt upon our more southerly neighbouis, for some of whom we entertain the most profound re- gard ; but we are anxious to demonstrate to . the local Authoritiesof the sister island, that their contemplated taxation upon the press, if car- ried into effect, will ultimately prove more inimical to their yiews than Colonel Arthur can possibly imagine. If it turnedout that we,in Australia, couldnot afford to pay a four-penny tax i pon our Newspapers, how, in the name of common sense, can it be supposed, that an almost bankrupt appendage of the parent
-State,, will be able to pay three-fourths of our J suspended duty? If Yan Diemen's Land could afford to pay three-pence, we ought in justice to berequired to bydown at least nine pence, if not a shilling-so immense are the odds that exist betwixt this parent and its scion. But, it may be asked.why levy a tax upon Newspapers at all, especially where it appears there are only three Journals m existence, the sale of each of which, most probably is a mere.bagatekV ? We are in the habit of dili- gently scrutinizing the columns of the Southern Journals, one of which is said to be ia the interests of Government, though we venture to think that the Editor is as free as air ; and another, the Tasmanian, from the modest manner hvwhicb it treats of public affairs, we are inc'.ined to con ider as a friend and sup- porter of -the G wernment ; but when we look to the Colonial Times, who seems to be the Cobbett of the day, we are not surprised that the Government feels displeased ; he cause, in that Journal, though they have not common sense, yet they contrive to spin out
* leaders te an intolerable length, and that, too,
in contracted columns. Thus'ït appears that »ho Government of Van Dïem en's Land has one Journal as its decided sup porter, and a second as its friend, whilst, on the other hand, there happens4o be the Colonial Tines opposed to a brace of contemporaries, which, with the potent aid of those means within their reach, ought long sinco to have effected its annihilation. Surely the Government could not have imposed a tax to injure the Hobart Town Gazette ; and we feel assured from all we know, all we hear, and all we see, that Colonel Authur had no wish to suppressthe Tasmanian. Then why, in the name of won- der, establish a Stamp Duty for such a poli- tical nonentity, and harum-scarum see-saw Journal like the Colonial Times, when every statement of it could be so successfully met by the confederate Journals of the day ? In- dependent of our opinion that Van Diemen's Land is not fit to endure taxation of this kind, or that the Journals would become defunct
under the operation of the Act, we think that tlie policy will not bear that scrutiny wh ch it ought to do ; and therefore we feel annoyed, after having \ oluntarily defended Colonel Ait THUKfor years, ti at Le should nt once, when the tide of popularity began to flow upon him,ni;n a blow at that freedom of discussion-the liberty of the press-which we beg leave to tell him, though His Excellency may not be in possession of the same information, has proved His most efficient battlement; and if it was not for the knowledge we have irr reference to certain points, perhaps it might not be in our power, unequivocally to state, that the Sydney Gazette has proved a bulwark which hat hitherto preserved Colonel Authur from the victorious fury of his enemies. We are sorr; that he has been induced to countenance thi> three-penny Act ; and, if we were only to express our regret in the terms which the urgency ol' the case demands, we should not fail of convincing Colonel Authur, as well as all our Readers, that he has failed in effect- ing the end desiied. But it is not lor us to shew, and to prove the way in which tie Colonial Press may be legitima ely and suc- cessfully fettered: inasmuch as, with our latest breath, though we will maintain the Government with all our best energies, we shall ever continnc the firm advocate of the
Liberty of the Press ; conscious tha every wheel of the British Government can only revolve on its ow < axis, whilst the machinery of the English Constitution is kept in full play. With this declaration of our senti- ments, we shall close our remarks, pro tém- pora though we most fervently trust, that His Excellency the Lieutenant Go- vern o it will, at once, rescind an Act which cannot benefit his Administration a jot.
We beg to subjoin the leaders of some of our Tasmanian contemporaries on the subject.
" The New Acts.-We this day present
our Readers with no less than three enact-
ments of the Legislative Council for the present year, and several others, we learn, will speedily follow. The Act, No. I. to ex- plain and amend the former Act, regulating the sale of spirits, we most sincerely hope, will have its desired effect, and will give the blow to the grog system,* and all its ruinous consaquences. The Acts, number 2 and 3, a fleet us moie intimately, and though a party concerned, we cannot retrain from giving our temperate and unbiassed opinion upon them. We have never onee, since we first under- took the part of public journalist, either here or elsewhere, in treating of any grave subject, shewn the least partiality, or leaning, from personal motives, to one side or the other, and we think we cannot entirely divest ourselves of it on the present occasion.
" With regard to the imposing of a license to make known the name of the printer and publisher, and so forth, and to afford greater facilities, than have hitherto existed in this island, for the prevention of libels, and the discovery of the authors of them, we ourselves have long ago advised it, and therefore can» not, without manifest inconsistency, now dis- approve of it. The imposing a heavy duty upon Newspapers is, however, a totally dif- ferent measure, on which we have never yet given our opinion, but which we now, with every freedom and impartiality due to a British subject, candidly declare. The object of the Act professes to be, to raise a fund in order to defray the expense of print tig the public notices, &c» and is evidently framed with much caution, and after long deliberation. It will certainly have - this goud effect, that by increasing the price of Newspapers to the Public, it will compel the Proprietors and Editors of them, to exert themselves to the utmost, so as to render them desirable and worthy the purchase of that public. It is the Stamp Duty, it must be confessed, acting in this way in England, that has raised the Newspaper Press there far beyond all others in the world. Nevertheless we disapprove of it here at the present time, and we will state our reasons. In the first place, none but men of large and unencumbered capital can possibly carry on a Newspaper, a business so irksome and laborious, and m this Colony returning so small a profit, that no one so situated would willingly undertake it. Wh'le the proprietor is compelled to find weekly, a large sum of money to defray the expense of wages, paper, aud other charges incurred in carrying on his busine s, in maintaining his family, anti the amount of d..ty to the Treasurer, nothing which he can collect from his subscribers can possibly counterbalance it, more especially at the present low price of wheat, and all other Colonial produce. All idea therefore of the duty amounting to such a sum as would de Ifray the expense of printing the notices of Government must prove nugatory. The a island must be much more populous, and the
inhabitants more disposed to reading than they aro, before the duty will defray even the bare charges of stamping and collecting it. Where we sell hundreds or rather fifties, the English Journals, on which the Act appears to hayo been calculated, circulate thousands. There is, therefore, no parallel. All small taxes are bad ; the expense of collecting them js usually so great that they eat up the pro- ceeds, and being of a minute description they are more sorely felt by the people. The sys- tem of small trifling detailed taxation has long been on the decline in England, for she h s suffered much from it. Lord Liverpool has cniformly aimed at abrogating it, and Mr, Cauning, we doubt not, will finish the work. Every thing, in a word, which tends to check intelligence, bridle the ardour in the human
mind for information and research, must also tend to check the energies of the people, and of consequence, the resources and revenue of the Government which is over them. Within tlte last two years, the spirit of inquiry, the thirst for useful knowledge which has sprung up, more especially in the native «horn part of the population, may well be said to have ad- vanced the community in the scale of civili- zation at least 100 years. What share, if any, i.t .producing this happy change, is (lue to the Hobat Town Guxette, and how much it will b¿ circumscribed by the present Act, we leave for other to determine. In common with our countrymen w feel how earnestly and anxiously His Excellency the Lieutenant Governor wishes for the welfare of the Colony, and trusting that theio observations will be taken in good part, as they are respectfully and submissively offered, we hope that >he power which llu- Council, by the tenth section, seems for that very purpose to have given him, of lessening the amount of the duty, will be used to tl.e lowest possible limit."-Hobart Town Gazette, Sept. 22.
" We regret exceedingly to inform our Readers, that, among other articles, their vehicles of communication and information
the Newspapers, are to lit* put under taxation ! Ever^ Paper is to pay, in future, a duty of three-pence, besides one or two licenses for printing and publishing. The small circula- tion, in our community, will not bear ¿»-heavy a tax-r-but the Colonial Government,is not to be blamed ; it is in obedience to orders received from home. This is the consequence of the violent course of politics that has heeu ulopted by the Opuosition Press these some years past. The pestiferous principles of »arty spirit, arising from the splenetic re- venge of disappointed ambition, carrying pestilential destruction around them, wherever seen, were sent forth under the specious garb of patriotism Call this patriotism ?-as well call black white, call fire water. Patriotism is never precipitate-considers, hears, and jecomes first convinced-then applies, with <:ircumspection, but with a durnih'ed firmness that never fails of success» However, there s nothing- new in this consequence to the
Press. 11 has often suffered in the same way. j
The same cause has produced the same effect i in many places, and on various occasions. '
When will men be wise ? When shall we .
' first take out the beam before we attempt to
take out the mote ?' '
" There is, however, one consolation left and that is, a discretionary power with the Lieutenant Governor to withdraw the tax if he should think proper ; and it remains with us to conduct ourselves in such a finn and be-
coming manner as will induce His Excellency to exercise this prerogative, and thereby en- courage a machine, which, when properly conducted, is so well calculated to improve the community both in mind and circumstances." -Tasmanian, Sept. 20.
Doctors Wardell and Hall-we beg the former learned Gentleman's pardon, we mean Dr. Wardell and Father Hall have each come out, in their last numbers, with remarks on the late trial for seditious I bel. As we are professed advocates for having all things done in decency and in or- der, we will attend to each of these Gentle- men in turn; and, as precedence is due tp the Church before the law, we shall, of courre, commence with the Padre. Candour in con- troversy implies a strong sense of justice,
united to a sincere and disinterested love of
truth, and is a disposition difficult to preserve, and rarely to be met with. Vehement decla- mation, unqualified invective, and poignant abuse, have been, however, unfortunately for the credit of the Colonial press, as well as for the writers themselves, but too often sub- stituted for fair and candid discussion, Whilst common sense has been endeavoured to be borne down in the burst of a puerile and extravagant sentimentality. No allowance whatever has been made even by those who so loudly proclaim the influence of the press on public feeling, fur the particular character of the Colony ; no desire has been shewn to adapt the tone in which public measures are dis- cussed, to the peculiar circumstances of the great mais of the population ; but the most gross and violent attacks have been daily made on the Government and its acts, the obvious tendency of which has been to degrade the constituted authorities in the public estimation, and to weaken the influence of that power, which, by a well regulated mind, and in a community constituted like ours, it should be the most anxious desire to uphold. "The So- licitor General," says Mr. Hall, "de- scribed, in glowing language, the dangerous stae of ou. society, owing to the licentiousness of the Newspapers ;" but he continues, " the Country was quiet-profoundly qui t -up to last May.". At that period, it was that those Acts were passed which Mr. Hall and his brother in disaffection assert, were intended to " put down the press," but which, in rea- lity, had no other effect than that of placing it on the same footing on whici it exists in England, where scarcely a tenth part of the reasons for restriction subsist, as prevails in this Colony. But, is this the real state of the case? Arc the facts, as ¿ir. Wardell says, fairly stated ? We think not. Was it not the daily increasing licentiousness of the Press;
wan it not the continued libels on the Government, and on public and private character by those who fancied themselves secure in their concealment, which rendered those restrictions a matter of absolute ne- cessity, to preserve the peace and good government of the Colony ? And was it not the it' rated grots and
seditious attacks on the Authorities and their mea- sures, by those who were enraged at being thus driven from their lurking holes, that lett the Govern- ment no other alternative to preserve its very ex- istence, than to institute those prosecutions which they are now called upon forsooth to abandon ? The very circumstance of the press being without restric- tions up to May,* proves only the forbearance of the Government, and that absolute necessity alone, arising from its licentiousness, drove them to the measures they adopted. Either we are wrong in our conjectures, however, or a different state of things will now come to pass. The Government have at length got Law Officers, who, whilst they will never be the mean* of imposing unjust restrictions on the privilege of free discussion, will not suffer it to extend beyond the legitimate bounds of decency and decorum, nor become the medium of producing anarchy and sedition. So far from the Crown Law Officers meriting the censures which those whose voluntary acts have brought them into the situation in which they now stand, they are entitled to the thanks of every individual who prizes so valuable a privilege as the liberty of the Prc«s,a privilege which, had not a timely check been given to its abuse, the Colony bid fair for being deprived of altogether.
So much for Mr. Hall. We will now pa} a little attention to his learned coadjutor in liLel. He, modest man, who talked of contending with a dozen
lawyers in bis own august person Ha who, only can maintain the dignity of a Newspaper as it ought to be, has certainly some little reason for self gratu- laron We can forgive in him sume little bouncing on the present occasion, for truly he hada mu row escape, and we really do believe lum, fur once, when he expresses himself s ttisfied that one blow has Leen warded off " It has been maintained," s iys the Doctor, " by high legal authority in England, that an Attorney General should ne* er prosecute tor libel, except in cases which are charlif unjustifiable, u luth admit of no extenuation, and moreover, tit mhith there cannot be a doubt on any d spasniomitc man « mind, a* to the vnlaxifuliwn, Hie maltee, and Hie libellous tendency of the publication" By this tot alone, we are v, illili«, to lure til, arucle wku.li v. ii the subject of the late proseiution to be judged, mil by Um test will the conduct ot the t rown Othcus in instituting the pioi cdiugs winch t.ioy tilt it tin ir duty to adopt, le ju tibed lu Ih.. muni ot every dis passionate iuilividu.il It is amusing enough to observe the lusiuuilion of the Amtrulian, ubluifi
standing he hu so narin viv (si iped conviction, tbit the seii'.iuiLuts be has promulgated, ore tue s« ntl
incuts of the public mt ii d, and, i)iei efine, cauiiot be libellous, though couched m seiious and severe lauguige ou Government measures We deny ia
the brat lustince that the sentiments of Doctor
Wardell were ever the sentiments ot the Public, and we equally deny tint the receptiou of suth 4 Journal is bis, it ludi'dtive ot the public uuuJ
lu all communities, but m noue so much as ours, there will be lound mi uerous pirtizanwot disaffection, aud stietiuous opposers to good government Such I arc the " r ibblc readers," who, 110 doubt, will pur
ch ise such a journ ii, tor ( very man likes to be able to ki vc a rcasou lor the rebellion that n> witiinr him It u against the piupeusitips ot such reader», that the energies of every well organized Guverumeut should be directed, and it was with a lull conviction that the ucwsp ipers against which he directed his legal arrows were supported by such parties, that the Attorney Geiieral made up his mind to submit som« of the contents oi their columns to the opinion of a Jury It will, however, and we rejoice at the tact, he uo longer tolerated in this Colony, any more than in Lnglaud, that intemperate, scandalous, SfiJ ma- licious articles should go forth to the public, eveu though they speak the sentuneuts of " rabble readers," or their sill at admission thal the Guveru- meut requires to be reformed The sensible and well constituted part of the community " want no change, and least of all, such change as they would bring them ," and it is ever the first duty of a Government, with regard to its own preservation, in which the wel- fare oi the people arc essentially mixed up, to repicas the publication ot sentiments, emanating trom those With whom history at all | eriods of the world, ha shewn, that the most disastrous revolutions have originated It tin«, then, be generally true, and we apprehend little doubt eau be entertained on the sub- ject, how much more necessary is it, that in this pe culi irly constituted Colony, ei ery tbiug bordering on licentiousness, or having a tendency to bring the G > vcrnmctit into contempt, should be carefully re- strained Fair and candid discussion on subjects of public interest, will ever promote the interests of the Government and the governed, whilst on the con triry where every thing is viewed through the heated atmosphere of passion and prejudice, where opposition is made for opposition s.-ke, or for the s ike of administering to the bid passions of those to whom 110 change can come amiss, none but divistrous consequences can necessarily ensue All that such writers »ce, or think fit to sec, is a dctermm ittou to oppress and misrule the Colony, for oppression's sake, just as if such a motive could be supposed to sway any man, or set of men, beyond the capacity of them- selves To check a line of conduct so pregnant with evil, in public writers, and to preserve so great a blessing as the Liberty of the Press to the Colony, is the only object of the Law Officers, and of the Go- vernment, and there is not one of the Colonists, save only those few whose existence depends on the un- worthy attempt to fan the flame of discontent, but will admit the necessity for a vigorous course of pro- ceeding in so desirable an object, and admit that they are deserving of nothing less than the thanks of the community tor their meritorious endeavours
If the newt lie true, that Mr Hely is placed at the head of the Police Department, m Sydney, we venture to assert that no event could have taken place with which the Public are likely to be more highly gratified The courteous demeanour, the pa- tience displayed m investigation, and the impartial justice by which this Gentleman was distinguished, during the short period m which he discharged the duties of Superintendent of Police, have liuanably elicited the warmest rncoimums from all who had oc- casion to come before bim, and his permanent return to that important situation, for the duties of which he is so eminently qualified, we have little doubt, will he joyfullv hailed by all classes of the community save those who, 111 his retirement from the oflice of Principal Superintendent of Convicts, w II not fail irratdullj to remember the kindness and humanity exercised towards the numbers of unfortunate indi
viduals under his controul Against the retiring Superintendent of Police we have nothing to urge, nor are we aware that public approbation has not attended the discharge of his Magisterial duties We had the misfortune unintentionally to differ from that Gentleman in his apprehension of what he considered uncourteous conduct, and somehow, we cannot y et < bring ourselves to think that we were in error Be that as it may, however, mere personal occurrences between us, and any Officer of the Government, shall never influence our opinion on public matters , and, as we have aire idy observed, wc arc not aware that Dr Dui hunty has not merited the approbation of
the Public and the Government for t c efhcicut dis-
charge ofthe duties of his Office, during the period he has filled the situation of Cliairm in of the Sydney Bench of Magistrates, and we arc only son y that this Geutlcman should have been the first Superin- tendent of Police, who, by illegally excluding our Reporters from his Court, Ins interfered with the rights of the Public Press, and mure particul irly ot that Journal by which be, in common with the '-ia gisti tey of tlie Tcrutory, hive been invariably sup ported, and defended against the unwuriutablc at tiek»of Jouruilists whose Reporteis, iiotwitm.taiid mg, hive not been disturbed 111 their avoc itions It was au cn or in judgment After all, however, it miy not be tun that Dr Dulhunty retires, though probably Bithurst would provea more con- genial climate to the Doctor, as there is not the ghost of a Rcpoi ter there, nor likely to be until we establish the Bat hurt i Intdliyenccr
Captain Cotie, of the 19th Regiment, has been arpointed, we are informed, Cotn rumdant at Port Macquirie, and proceeds thi- ther on the Goveinor Phillips.
By the same vessel, Captain Robinson, and Lady, proceed to Newcastle, where the Captain is appointed Military Commandant.
Lieutenant Bainbridge goes to Moreton Bay, to relieve Lieutenant Innes, who re- turns to Port Macquarie.
Sir WiLi ouGHBY Dixie, Bart, has been committed to Leicester gaol, charged with an assault upon his own daughter, only nine years of age, with an unlawful intent.
The Ephemma was 131 days, in place of 113, on her passage.
The fate of the Grace, laden with wool, off thf Cape of Good Hope, m May, 1823, which was destroyed by fire, will be in the recollec- tion of our Readers. The following quota- tion, from Henry's Chemistry, accounts for the cause of that unfortunate accident, and may hereafter be of service to shippers of wool, &c :
«The fixed oils have a singular property, which has led sometimes to s<nous accidents When mixed w ith lamp black, or any light kind of charcoal, and even with several vegetable substances, as cotton, wool, or flax, the mixture after some time heat« spon- taneously, and at length bursts into flame This spontaneous combination has som times been ob- served to take place in the w äste cotton, w Inch has been employed to wipe oil from machinery, and been thrown aside for a few hours It has probably oc- casioned many ot the calamitous fires which liai e happened in cotton nulls, and for which adequate cause could net be asm (ned "
In again adverting to a question which we consider to be of no small importance to the welfare of the Colony at large, and which, we regret to say, must be decided in the Supron e Court, early in November, we do so, not with a view to prejudice the public mind, but rather with a wish to convince the parties who . re opposed to us of the illegality of their pro- ceedings. The matter we now refer to, is the exclusion of our Reporters from the lolice Office ; and, in justice to ourselves, we may state, that we have (lone every thing we be- lieve tob» consistent with our public and pri- vate character, to come to an amicable arrange- ment, rather than push the case to extremity, but, we sincerely regret, without being able io produce the desired effect, uuless upon ter.ns more repugnant than death itself. It has surprised many that Magistrates should per- sist in their détermination to allow the question
of Hie legality of the step which they have
taken to ho de. ided in a Court of Civil Ju- risdiction, as a cousiderab'o time has now elapsed since the act of excluding our Re- portéis took place, during wnicb period, they have had sufficient time to obtain legal opi- nions on the merits of the quest on at issue. For our owu part, we have heard, unasked, the opinion? of several of the Gentlemen of the Har, who have uniformly declared, that our Reporters had an undoubted right to take notes in the Police Cou t, which is, to all intents and purposes, a public Court. The Public, loo, from all that we can collect, con-, sider the exclusion to bo highly improper-» that it is an infraction on their own rights, and may, at so i.e future day, should we have a less bonourable Comm ssii n, be subversive of jus- tice itself. The security of the prisoner from any undue exercise of authoi Hy, aud the conscious- ness of that security, can alone enable bim even to conduct his defence with propriety. Au emi- nent lawyer, and writer on the constitution of England, has said, that " the party accused ought to be provided with e\ery possible means of defence. Above all things,
the whole proceedings ought to
be public. The Courts, and their different f rms, must be such as to inspire respect, but never terror, and cases ought to be so at cu rafely ascertained, the limits so cleat ly marked, as that neither the Executive Power, nor the Judges, may hope to transgress them with im- puni, v ; for, since we must absolutely pay a price for the advantage of living in society, not only by relinquishing some share of our natural liberty (a suriender which, ina wisely formed Government, a wise mun «ill make without reluctance), but also by resigning'part of even our personal security ; in a word, since all judicial power is an evil, though a ne- cessary one, no care should be omitted to reduce, as far as possible, the dangers of it." The e are the opinions of a lawyer and philo- sopher, and are in perfect accordance w.th the nature of the Constitution itself. We have heard, it is true, of secret tribunals; they pre- vail in France, and every one who has read has shuddered at the idea of the Spanish Inquisi- tion, the very existence of which depended upon secresy ; every Court whose proceedings are secret is of an inquisitorial natur.-, excepting such whose proceedings are rendered so for the security of the accused, or to answer the ends of public justice-we mean such ouly asare so constituted in England, if any such there be, because, if the party or parties be commit- ted, the proceedings are finally made in a pub- lic manner. Supposing, therefore, that a part of the proceedings cf a Court of Police ought not tobe published, and we admit that in some in- stances it would be wrong, as a prejudi e uJght be raised in the minds of the very individuals who would ultimately sit in judgment on the case, still, under such circumstances, a Magis- trate would have no right to fbne any man out of Court, merely for taking notes, >o long as I e otherwise conducted himself with pro pi iety. The mere prospeci that a crime would be committed, or rather, that notes taken would be published, would not justify the commission < f another crime, namely, (hat of an assault. If an improper report be published, another and a lawful r< iredy could be obtained. We are speaking now of Police Courts as they aie constituted in England, but then - they are widely different from Po ice Courts in New South Wales, where the Ma- gistrates have a much more summary jurisdic- tion. With them nine cases out of ten are
I finally disposed of; and offences, too, which in i England would fall under the jurisdiction of
j the Criminal Cou ts, are punishable by the
Magistrates, even to the extent of transporta- tion for years. At home such offenders would be tried in the Criminal Courts, by twelve goo:! men and true, and in the presence of the people, thai is to say, such of the people who choused to be present at these trials, whether to take notes or to sit as indifferent spectators, how much more necessary, therefore, is free a» cess to our Police Courts where such an un- bounded authority is exercised. These Courts are Courts of Record, and the Magistrates sit in the capacity of Judges; therefore, they are, and ought to be, as open to public st rutiuy, as any other public Courts. Even a Coroner's Inquest on a body supposed to have been mur- dered, which, one would imagine, ¡should, for the ends of justice, be conducted privately in almost a'l cases, according to Sir Thomas Smith, in his Treatise on Common I aw, is to be held in an open place, on view of the body ; for it is considered, even here, to be of the g catest importance to the public that the pro- ceedings before the Court should be public, as many matters of the deepest interest often will arise which concern the public welfare, and which, if conducted in private, might be pro- ductive of very considerable injury. After an a-, cusation has been made, however, against a particular individual, thepublication of ex parte statements is held to be illegal. So, also, as we have already observed, in examinations before the Police, the publication of such cases, or statements, may be held to be Uligal, in whica the accused is committed for trial before a superior Court, but then the illegality of the publication,- even suppose there were no cases of summary jurisdiction, would not jus- tify the singling out and forcing of a particu- lar individual ¿from the Court, who had com- mitted no offence. But, it has been said, that in forcing our Reporters from the Court no disrespect or injury was meant to them, but to us, who are most unjustly accused of having given Magistrates previous cause for taking offence- Now, ¡fit bia just maxim, that it is be ter for twodelinquents to escape than that i ne innocent man should suffer punishment, surely the conduct of the Magistrate, in this
: ase, is most unjustifiable, But as we have
Written before on this subject, we will, for thepresent, merely add, that where a Court! of Justice is conducted openly, in the pre-' sence of a promiscuous assembly, it has a ten- dency to overawe the really criminal, but it gives confidence to the innocent, whilst tho most corrupt Judge, finding himself so sur- rounded, will dread giving way to the dis- honest purposes of his heart. These are some of the advantages to be derived from open Courts, but there is another of a most impor- tant nature which we will barely glance at, wo mean tbepub'Iitation of the reportsof such eases of delinquency as may be decided in the
Police Court. By them tha Public aro put 1 upon their guard against the practices of the most notorious offenders, whilst others are de terred from the commiss on of offences, moro from the dread of being exposed in the pub!' prints, than from the dread of the punishmdn which might be inflicted upon them by tin Mag'strate. Such are a few of our viewland arguments on the question, and it would cer- tainly be gratifying to us were they to pro- duce convicti n m the minds of those for whom this article is intended.
We have been rather surpri:cd to hear two or three respectable gentlemen exprès astonishment, that we could so far lose sight of the bounds of legitimate discussion, and decency of expression, as to apgly the word* « grappling with iltc scoundrel " even to* a cer . tain contemporary. We lieg to assure those gen- tlemen, as well as all our readers, that the expressions did not originate with us, but were made use of in the course of one of those late disgraceful orations, which emanated from our contemporary himself, in bia other character, in the Supreme Court, and audaciously applied to a high Personage, whose name we do not feel ourselves warranted in mentioning in connexion with such a subject.
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As an extraordinary instance of the effect of soil on vegetation, we may mention that, in the Botanic Garden, there is an olive frei», six years old, bearing flower«. Now the olive is not known to bear in Europe until it is from 10 to 14 years old.
We are gratified to find, that a considerable quantity of the opium poppy is growing lux- uriantly in the Government Garden. Au the great value of this article in China has been ascerta ned, we recommend it to the attention of the agriculturists.
A man, named Thomas Nash, whilst, in a state of intoxication, on the Race-course at Parramatta, on Wednesday last, had his skull fractured from the wheel of a gig passing over it as he lay on the ground. The unfortunate man is attended by Dr. Mai tin, and reco-
vering.
Chateaubriand's new nove!, called Nathez, is certainly a Work o¡ genius, of which the abundance of new and original comparisons is a striking characteristic.-Innocence and rea- son, says he, are two trees planted at the ex- tremities of life; at the foot of both we find
repose; but the tree of innocence is laden .? with perfumes, flower buds and young ver- [j
dure: the tree of reason is but an old shattered n
oak, stripped of its foliage by the lightning [
and the winds of heaven.-Hope is like the ; j blue mountains ; from the:r lofty tops the tra- ti
veller descries au enchanting country, and he [j
overlooks the precipices which separate him a from it. I
One of the most popular pieces row acted f ni; lit after night iu London, is calle J " Tho J Flying Dutchman.*' The legend, is truly ridiculous and absurd. Not so the cut-Iiigged sow, v. hieb some of our readers from the North of the Tweed may recohect. The vessel had sailed from Kirkaldie in the Frith of Forth, and the master, named William Williamson, hav.ng indulged in a glass of extra, had gone to bed, when dreaming of ghosts and hobgoblins he s arted upon deck in a fright, and seeing the shadow of his vessel on the smooth silver surface of the deep by tho bright moonlig t, lie mistook it for another ship, and baw ed out from the companion door "What ship?" to which hu chief officer,
named James Jamieson, being ¡it the bow, Jj humouring his mist .kc, answered " the Cut- U lugged-sow"-'. The Cut- ugged-sow ! " re- II echoed the skipper, '' well, 1 never thought |j there was anither ca'ed tho Cut-lugged-sow |v but my ain auld woman-An I what's the |j ma ster's name ?" continued he, " Willie fi Willieson"-" Willie Willieson ! well, that's f
passing strange ; just my ain name till a hair, (< and what do tney ca' the mate ?" " Jamie ¡>
Jamieson." "Dear guide us a,'" exclaimed |, he at last, holding up both ha ads in amaze- |] ment as he stood undressed shivering upon the | deck, "twa Willie Williesous!-twa Jamie § Jamiesons !-and twa Cut-lugged-sows ¡-and | a' frae the lang toon of Kirkaldie ! " g
Parentage of Maturin,the Poet.- ¿ Some twenty or thirty years before the French |; lit volution, a lady of rank,- attached to the I Court, is said to dave been driving ¿through li a retired street in Paris, when the cries of | an infant child caught her attention. The singóla ity of the circumstance, in so , lonely and remote a spot, naturally induced her to inquire into the cause, and she desired her servant to ascertain fioni whence the cries proceeded. The man re.urned, after a very short search, with the basket containing a child newly born, which he found i i an ob- scure comer of the street. The infant was dressed in the richest clothing, and seemed to belong to parents of distinction; but although many exer- tion', were made to discover who they were, the whole matter remained, and is likely to continue, au im- penetrable mystery. The street in which ihc child was found, was called the Rue de Mathurtne, in ho- nour of a Convent which then stood iii it, dedicated to a' Saint of that name, and the founJIing, conse- quently, called Mathurine-Anglice, Maturin. The lady to whose maternal fosterage the child was thus providentially committed, sent it, at a proper age, to the Convent, to he educated, and never neglected any opportunity of promoting the future objects for which she designed it. But the boy, born under the caprice of fortune, grew up under its inflictions, And was doomed to the trial of a very fluctuating life. He had scarcely reached manhood when he became a victim to the political fury of the times, and was thrown into the Bastille, from which, after a Ion» in- carceration, he escaped into England at the period of the revolution. Here he married and naturali*eu> From this individual, with whom the name of Matu- rin originated, the poet descended.-2Vcu> Monthly
Magazine.