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However painfully indivious, I feel it my duty also here to suggest that I cannot but entertain strong apprehension, that the Charter, as to the jurisdiction of the Supreme Court, will too soon be found altogether insufficient, upon any modifications of practice or proceedings, in its intended beneficial operation to the dependency of Van Diemen's Land from the delay, the necessarily VERY HEAVY expenses, personal inconveniences and losses, the nature, difficulty and uncertainty of the only communication, and the various casualties and circumstances attendant upon the proceedings of a court of so distant an establishment: [39] while it is too certain and perhaps may account amongst other causes for the present unfortunate state of that dependency, that the inhabitants bear with any invasion upon their property and frequently their persons sooner than incur the certain personal inconveniences and consequences of bringing the offenders here before the Court of Criminal Jurisdiction. It has been suggested and certainly would prove (as I have an opportunity of judging from having, very soon after arrival, yielded to the wish of the Governor to preside at the weekly Bench of Magistrates here) of beneficial and wholesome provision, if the Justices of V.D. Land, and indeed even in this territory, were enabled legally to form and act as a sort of Sessions for the cognizance of petty offences; but it appears to me that all the criminal jurisdiction of and in the territory and its dependencies belongs only to and can be exercised only by the Court of Record erected by the Charter, except so far as given to magistrates summarily under particular Acts of Parliament.
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