by the political parties in both Houses of Parliament. There was treason in the conservative camp, and keen and bitter was the opposition they offered to their chief. For twelve nights speaker after speaker indulged in personal recriminations. They recalled to Sir Robert Peel's memory the speeches he had made in defence of the corn laws. And as to his assertion that he had changed his mind, they denied his right to do so. .. The passing of the measure was, however, more than certain, and after a debate of twelve nights' duration on Mr. Miles, amendment, the Government obtained a majority of 97, 337 having voted for the motion and 240 against it. And from that evening the corn law may be said to have expired. (History of British Commerce, Lond. 1872, p. 292.) CHAPTER XXXIII AUSTRALIA 225. The Establishment of the Colony Barton The following Act established the colony of New South Wales by extending thereto the criminal jurisdiction of the king. Transportation for certain offences had already been determined upon, and Australia presented many advantages as a penal settle ment. ACT TO ENABLE HIS MAJESTY TO ESTABLISH A CRIMINAL JUDICATURE ON THE EASTERN COAST OF NEW SOUTH WALES AND THE PARTS ADJACENT Whereas by an Act made and passed in the twenty-fourth year of his present Majesty's reign, intituled - An Act for the effectual transportation of felons and other offenders, and to authorize the removal of prisoners in certain cases, and for other purposes therein mentioned, it is enacted that, from and after the passing of that Act, when any person or persons at any Sessions of Oyer or Terminer or Gaol Delivery, or at any Quarter or other General Session of the Peace to be holden for any county, riding, division, city, town, borough, liberty, or place, within that part of Great Britain called England, or at any Great Session to be holden for the County Palatine of Chester, or within the Principality of Wales, shall be lawfully convicted of grand or petit larceny, or any other offence for which such person or persons shall be liable by the laws of this realm to be transported, it shall and may be lawful for the Court before which any such person or persons shall be convicted as aforesaid, or any subsequent Court holden at any place for the same county, riding, division, city, town, borough, liberty, or place respectively, with like authority, to order and adjudge that such person or persons so convicted as aforesaid shall be trans ported beyond the seas for any term of years not exceeding the number of years or terms for which such person or persons is or are or shall be liable by any law to be transported; and in any such case it shall or may be lawful for his Majesty, by and with the advice of his Privy Council, to declare and appoint to what place or places, part or parts, beyond the seas, either within his Majesty's dominions, or elsewhere out of his Majesty's dominions, such felons or other offenders shall be conveyed or transported: And such Court as aforesaid is thereby authorized and empowered to order such offenders to be transferred to the use of any person or persons, and his or their assigns, who shall contract for the due performance of such transportation: And when his Majesty, his heirs and successors, shall be pleased to extend mercy to any offender or offenders who hath or have been, or shall be convicted of any crime or crimes, for which he, she, or they is or shall be by law excluded from the benefit of clergy, upon condition of transportation to any place or places, part or parts, beyond the seas, either for term of life, or any number of years, and such extension of mercy shall be signified by one of his Majesty's Principal Secretaries of State, it shall be lawful for any Court, having proper authority, to allow such offender or offenders the benefit of a conditional pardon, and (except in cases where such offenders shall be authorized by his Majesty to transport himself, herself, or themselves) to order the transfer of such offender or offenders to any person or persons who shall contract for the due performance of such transportation, and his or their assigns, for such and the same term of years for which any such offender or offenders shall have been ordered to be transported, or for such term of life or years as shall be specified in such condition of transportation: And whereas Sir James Eyre, Knight, and Sir Beaumont cil, bearing date respectively on the sixth day of December, 1786, hath judged fit, by and with the advice of his Privy Council, to declare and appoint the place to which certain offenders named in two lists to the said several Orders-inCouncil annexed, should be transported for the time or term in their several sentences mentioned, to be the eastern coast of New South Wales, or some one or other of the islands adjacent: And whereas Sir James Eyre, Knight, and Sir Beaumont Hotham, Knight, two of the Barons of his Majesty's Court of Exchequer of the degree of coiffe, according to the authority of them given by the said statute, did, on the thirteenth day of December, 1786, order that the said several offenders, in the said several lists to the said several Ordersin-Council annexed, should be transported to the place and for the time and terms aforesaid: And whereas it may be found necessary that a colony and a civil Government should be established in the place to which such convicts shall be transported, under and by virtue of the said Act of Parliament, the said two several Orders-ofCouncil, and other the said above-recited Orders, and that a Court of Criminal Jurisdiction should also be established within such place as aforesaid, with authority to proceed in a more summary way than is used within this realm, according to the known and established laws thereof: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons, in this present Parliament assembled, and by the authority of the same, that his Majesty may, by his Commission under the Great Seal, authorise the person to be appointed Governor, or the Lieutenant-Governor in the absence of the Governor, at such place as aforesaid, to convene from time to time, as occasion may require, a Court of Jurdicature for the trial and punishment of all such outrage and misbehaviours as, if committed within this realm, would be deemed and taken, according to the laws of this realm, to be treason or misprison thereof, felony or misdemeanor, which Court shall consist of the JudgeAdvocate, to be appointed in and for such a place, together with six officers of his Majesty's forces by sea or land: Which Court shall proceed to try such offenders by calling such offenders respectively before that Court, and causing the charge against him, her, or them respectively, to be read over, which charge shall always be reduced into writing, and shall be exhibited to the said Court by the Judge-Advocate, and by examining witnesses upon oath, to be administered by such Court, as well for as against such offenders respectively, and afterwards adjudging by the major part of the persons composing such Court, that the party accused is or is not (as the case shall appear to them) guilty of the charge, and by pronouncing judgment therein (as upon a conviction by verdict) of death, if the offence be capital, or of such corporal punishment not extending to capital punishment, as to the said Court shall seem meet; and in case not capital, by pronouncing punishment of such corporal punishment, not extending to life or limb, as to the said Court shall seem meet. II. And be it further enacted that the Provost-Marshal, or other officer to be for that purpose appointed by such Governor or Lieutenant-Governor, shall cause due execution of such judgment to be had and made under and according to the warrant of such Governor or LieutenantGovernor in the absence of the Governor, under his hand and seal, and no otherwise: Provided always that execution shall not be had or done on any capital convict or convicts, unless five persons present in such Court shall concur in adjudging him, her, or them, so accused and tried as aforesaid, to be respectively guilty, and until the proceedings shall have been transmitted to his Majesty and by him approved. III. And be it so enacted by the authority aforesaid that the said Court shall be a Court of Record, and shall have all such powers as by the laws of England are incident and belonging to a Court of Record. (History of New South Wales from the Records, G. B. Barton, Lond. and Sidney, 1889. I, 453). 226. The First Penal Settlement Barton In 1786 there was drawn up the following plan for the establishment of a penal settlement in New South Wales. The document given is not the first submitted, but it is that which contains the plan nearest that which was adopted. The result was the famous "first fleet," which in 1788 sailed for Botany Bay. Although the experiment was not an unqualified success, it was sufficiently so to warrant the continuance of the penal settlements in Australia. All of these settlements were generically known as Botany Bay, although the spot to which that title belonged was soon abandoned. It was not for many years that Australia was able to free herself from the unjust reproach of being inhabited mainly by convicts. HEADS OF A PLAN For effectually disposing of convicts, and rendering their transportation reciprocally beneficial both to themselves and to the State, by the establishment of a colony in New South Wales, a country which, by the fertility and salubrity of the climate, connected with the remoteness of its situation (from whence it is hardly possible for persons to return without permission), seems peculiarly adapted to answer the views of Government with respect to the providing a remedy for the evils likely to result from the late alarming and numer |