CONSTITUTIOJSr OF NEW SOUTH WALES. the opinion of the major part of the peraona oomposmg ancb Court that the f^ party ucciiaed is or is not, as the case shall appear to them, guilty of the charge^ and hy pionoiuuing judgiTiect therein (as upon a couviction hy verdict) of Jeiith if the offence he capital, or of such corporal punishment not exteiidiog Uy capital punishment as to the said Court shall seem meet; and in cases not capital hy pronouncing judgment of anch corporal punish- ment not extending to hfc or limh as to the said Court shall seem meet." Clause 2 jDiovides that the provost-marshal or other officer to he apiiointed for that purpose by such Governor shall caiLtie the execution of Hueh judgment^ according to the %YarFant under hand and Beal, and not otherwise.
- Provided always that execution shaU not he had or done
upon any capital convict or convicts unless five persons present in such court shall concur . . , until the proceedings shall have been transmitted to His Majesty and by him approved." Clause H enacts that the said court shall be a Court of Hecord, and have all powers iiicident there to. ^"^ Phi hips' commission (of *2nd April) gave him power to pardon and reprieve, to "execute martial law in time of 1 mvasion or other times when by law it may be executed," to raise monies by w-arrant, to grant hiudsj &e. Surely more vast powers were never conferred upon any individual by an Act of a legislature and the fiat of a liing; and yet there is to be traced some tenderness of the life '^ Phillip's fii-fit coiuuiisaion as Governor waa dated V2th Oct., 17SI> {nearly two months hefore New South Wales was named l>y an order as a .place to which convicts might be sent), and it made him (iovernor of all I the ** territory' called New South Wales/* An ampler L-ommisHioii defining his powers was issued on the 2nd April, 1787. On the saiu« day Letters Patent coostitiiitiiig the Coinrts of Law were issued, tho Criminal Court being apeciaUy authorized to proceed more summarily than was lawful in Knglaod. On the 5th May, Letters Patent coiistitiitiiig the Vice-Admimlty Court were issued. The eomposition ot the Court was fixed. The (iover- nor, the Lieiiteiian I Governor, the Commissary, the Surveyor of [.anda, and certain eaptains and lieutenanttt were named. An order resneetiug ** Trial of Pinit^s," made on l20th April, had similarly enumeratea the commis- aionera, thus: — ** Arthur Phillip, K3(|», (lOvernor, or the (:Jovernor for the time being; Rohert Ross, Esq,, Lieut. -Gov,, or the Lieut. -(iov» for the time being; Andrew Miller, Esq., Commissary of Stores ami Provisions (or, &.C.); Augaatus Alt, Esq*, Surveyor of Lands (or, &c.) ; -John Hunter, Esq,, Captain of the Sirittti; William Bradley, Kscj., Ist LieiUeuant; Philip C^iciley King, Esq., 2nd Lieutenant ; George William Maxwell, Esq. , Hrd Lieu- 'tenant; Henry Lidghird Ball, Esq., Lieut, and Comnmnder of the Supply ^ Lmrined tender; and all other captains and eommandei*s of Her Majesty's sfalpa who are, or shall he, within the Admiralty jurisdictiun of New South
