Page:History of Australia, Rusden 1897.djvu/631

---

felony not punishable with death, remission of sentence ratified by the king,^eft the conyict eligible. *' beeause snch offences create no disqualification, but only inoiipacity of the offender so long as he is deprived of his liberty," But persons convicted of perjury under 5 Eliz. o, lU could only by Act of Parliament be restored to eUf;il>ility. and those convicted of transportable offeJices accounted infamous (such as perjury at common law, subornation of perjury, and forgerj' in some cases), who had not received free pardon, would not be held eligible in England ; nor would those convicted of infamous offences below the degree of felony and not transportable, of the nature of tlio crimen fahi. With this opinion no man quarrelled. But with tho earlier and more sweeping verdict of Forbes many were discontented. Mtliougb the local juries were at that time confined to civil issues, it would be difficult to exaggerate the heart-l)urning.s which were created in the coiumuniiy. What! an untainted man sit to dispense justice by ibu side of an emancipated felon ! Flesh and blood would not endure it. Mr. Robert Campbell, juu. (although his father supported Forbes in many matters), protested fi'oui the jury-box against the disgrace. He was overrnlod ; but the moral sense of the community ri^cogni/.ed thai he luid reason on his side when the notoriously sbauusless woro seen seated arrogantly by the side of the reputable. The advocates of the emancipist party were driven to allege that, in order to discredit the class, the framers of the jury lists included its specially unwortliy members. A singular pliase of opinion was observed for uiany years. There was a preference amongst litigants for military juries. Their probable igno nuu^e of cominorcial affairs was assumed to be countei'halanced hy their senso of honour and superiority to undue influence. But tho leaders of party discarded such consideratiouH. Th«y seized every occasion to increase the ran con rs which existed* Once when a military jury had concluded itn labours, and a civil jury entered the box^ the new-comer** found that their predecessors had made offensive inscriij- tions aimed at emanciiust jurors and Juilge Forbes. Complaint was made, the unknown libellers s<6K^ ^vv^x'fNs^^