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by which the Duke would not allow him to return to headquarters. Mackintosh conceived fresh hopes, and moved instructions to the Committee on the Bill for immediate establishment of trial by jury; and for election of one-third of the Legislature by electors having a clear yearly income of £100, and having been free inhabitants for three years. He declared there were 55,000 free Englishmen there: Was it wise to wait till they were half a million? Only Mr. Bigge opposed these innovations; Macquarie had favoured them. But Huskisson out of office did not abandon the views he had held as a Minister. He asked if English immigrants would expose life and liberty to the decision of a jury, nine or ten of whom had been convicted criminals. Nothing would so much deter capital and respectable members of society. Only Mr. Joseph Hume supported Mackintosh. Others supported Huskisson. Mackintosh's amendments were negatived. The Act was to be in force until the 31st Dec. 1836. The indignation of the emancipist party, and of the patriots, will be told elsewhere.

In 1824, the creation of the Council to advise the Governor was deferred until the arrival of the King's commands appointing the five principal officers in the colony to seats in the Council. They were Stewart, the Lt.-Gov.; Forbes, the Chief Justice; Goulburn, the Colonial Secretary; Bowman, the principal Surgeon; and Oxley, the Surveyor-General. The appointments were temporary, and Brisbane was desired to forward to Lord Bathurst "the names of ten of the principal merchants and landholders," whom he might consider eligible, "from which His Majesty will select as many as may be deemed proper." On the 25th Aug. 1824 the first appointees were sworn in (with the exception of Col. Stewart, absent from the colony). The first measure submitted to the Council was one "to stay proceedings against any person or persons advising, issuing, or executing any Proclamation, Order, or other Act of any Governor or Acting Governor of New South Wales, &c." On the 31st Aug. 1824 it was postponed. On the 28th Sept. a short Act was passed to make available Promissory Notes and Bills of Exchange made payable in Spanish dollars. On the 4th Jan. 1825 the measure for "staying