Nor have Government been more backward in arming Mr. Phillip with
plenitude of power, than extent of dominion. No mention is made of a
Council to be appointed, so that he is left to act entirely from his own
judgment. And as no stated time of assembling the Courts of justice is
pointed out, similar to the assizes and gaol deliveries of England,
the duration of imprisonment is altogether in his hands. The power of
summoning General Courts Martial to meet he is also invested with, but
the insertion in the marine mutiny act, of a smaller number of officers
than thirteen being able to compose such a tribunal, has been neglected:
so that a Military court, should detachments be made from headquarters,
or sickness prevail, may not always be found practicable to be obtained,
unless the number of officers, at present in the Settlement, shall be
increased.
Should the Governor see cause, he is enabled to grant pardons to
offenders convicted, "in all cases whatever, treason and wilful murder
excepted," and even in these, has authority to stay the execution of
the law, until the King's pleasure shall be signified.
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