2-043 (Original)

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What is the state of our criminal law? It is not merely one, two, or three months that persons are kept in custody previously to trial, but frequently a much longer time previously to being committed; and afterwards again, how many have remained in gaol, a much longer period before their turn comes round, than the laws of England, which are professedly in force here, would award for the offence? Look again at Launceston, where there have been only three assizes since December 1825! and at Hobart Town, where there are upon an average from fifty to one hundred criminals for trial, there has only been two or three general gaol deliveries since the present Chief Justice Pedder assumed the administration of the laws, in May 1824. We draw no inference, but only state facts - broad unvarnished facts, leaving it to those into whose hands this day's paper may come . . . to derive what conclusions from them they may think proper.
[As to the Councils] of the one, the Executive, the CJ is a member - thus becoming, in the memorable words used when Lord Ellenborough was made one of the Privy Council Board - judge, jury, executioner; for every important question is discussed in the Executive Council, frequently even those that come before him in a judicial capacity!! . . . The Legislative Council has the power of making laws and ordinances for the colony, and of this also the CJ is a member. What the cause has been is unknown, but so it has happened, that for the last six months many laws of vital importance to the colonists have been in abeyance owing to the non-assemblage of this body
In the exercise of our calling a sense of duty has now and then led us to express regret that the doubts and difficulties which sometimes delay the stream of justice here should exist; and although in very measured and respectful language, we have ventured to offer CJ Pedder some good and wholesome advice, we doubt much whether or not it has always been palatable.
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