Page:History of Australia, Rusden 1897.djvu/552

This page has been validated.
524
THE JURY QUESTION.


content with personal recognition. He burned to wipe off all stain from those of the emancipist party from whom, in such a community, the stain could not appear to be removed without bedimming virtue itself. He made a choice between a respected professional life and the turmoil of the platform; between approval of the thoughtful and the civium ardor prava jubentium. His name must therefore not be excluded from history. He obtained the blessings and commanded the sympathy of the emancipist class. They seemed to derive reflected lustre from his virtues, when they could point to him as their champion. Older in years he was not less impetuous than Wentworth.

Though a part of the struggle took place under Governor Darling, it may be dealt with here, as regards the statute of 1828, in order to diminish as much as may be the fragmentary notices of which all annals must be composed. At a public meeting held on the 26th Jan. 1827, the anniversary of the founding of the colony, Wentworth vigorously declaimed in favour of trial by a jury of colonists. These rights belonged as much to the people as the Crown belonged to the King. Other men of mark supported Wentworth, and petitions were sent to England to influence the debates on the Bill of 1828, which became law as 9 Geo. IV. cap. 83.

Huskisson brought in the Bill in April. Sir J. Mackintosh, on the day set down for the second reading, presented petitions from certain "gentry, merchants, and tradesmen of New South Wales," praying for popular representation and trial by jury. Huskisson pointed out that of a total population of 49,000, there were only 18,000 free settlers, and that he was prepared to show that the concessions asked for would be a disadvantage, and not a boon to the colonies. On the second reading Sir J. Mackintosh complained that the existing trial by jury at Quarter Sessions (by favour of Forbes) was abolished by the new Bill. Huskisson retorted that though it had been tried it had "from the peculiar state of society been found altogether inapplicable. The time was not yet come in which the machinery of that valuable institution could be extended to New South Wales with effect." The Bill was read a second time.

In May Huskisson left office by a loop-hole which he involuntarily found in the Duke of Wellington's lines, and