request for sums under L10, were established. The governor, with the
advice of a council of five or seven, or the major part of them, was
empowered to enact ordinances not repugnant to the laws of England. The
duties levied under former acts were made perpetual, but the council
were inhibited from imposing a tax, except for local purposes. The
governor, with one member assenting, could pass any law: or, for the
suppression of a rebellion, although all might dissent: and the king was
empowered to enact an ordinance which the council might reject.

It was provided also, that the king might erect Van Diemen's Land into a
separate colony: confer on the acting-governor, in the absence of the
governor-in-chief, the various powers conveyed by the act; and, in that
case, terminate the dependence of the supreme court on the court of New
South Wales. On these extensive powers the checks provided were the
requisite preliminary certificate of the chief justice, that the
ordinances proposed were consistent with the laws of England, or the
circumstances of the colony; the exposure of these acts on the table of
the House of Commons; the obligation of the governor to show cause for
the act passed in defiance of his council; the prohibition of direct
taxation, except for local purposes: guarantees of little value at the
time of their adoption, but rendered of greater importance by the growth
of freedom in the empire at large.

The act of parliament did not pass without animadversion and discontent.
Sir James Mackintosh moved that a jury of twelve should be substituted
for the clause constituting a military jury--the most obnoxious portion
of the bill. In this he was seconded by Mr. Wilberforce, but the
proposition was defeated by a majority of eleven. Mr. Canning
recommended a compromise between the friends and opponents of the bill,
by limiting its duration to five years, and to this the minister
assented.

The capacity of the colonies to furnish jurors was long a subject of
debate, Mr. Justice Bent stated, that after full consideration he
recommended a grand and a common jury, in conformity to the English law,
and the trial of convicts by the police;[138] but Commissioner Bigge
pronounced against the scheme, and was confirmed in his opinion by the
leading colonists of the time. The whole state of society opposed
serious objections to its adoption, and it was scarcely practicable in
Van Diemen's Land.

The settlers were generally d