Legislative Council were known to be opposed
to it. Of those present, the governor (Bourke) and five others were in
favour of it, while six were against it. The governor gave a second and
casting vote."

[202] See Report of Transportation Committee, 1838, p. 31. "A large
proportion of the persons who have appeared and served," as jurors,
"are publicans," to whose houses prosecutors, parties on bail, or
witnesses, resort, for the purpose of drinking, while in attendance
upon the court. Once, when a jury was locked up all night, much foul
and disgusting language was used; and to gain a release from this
association, the disputed point was yielded; "no greater punishment can
be inflicted upon a respectable person than to be shut up with such
people for a few hours, or for the night."

See Burton's Letter, Appendix to Transportation Committee's Report,
1837, p. 301-2. Dr. Lang's book on New South Wales abounds in wretched
puns, but one rather favourable specimen may be given, when, in
allusion to the Englishman's right of being tried by his peers, the
Doctor styles the jurors above described "_the Colonial Peerage!_"

Respecting the last and highest class of society in our penal colonies,
the _free population_, no great deal need be said in particular, since,
except from peculiar circumstances, they are pretty much the same in
character with the bulk of the population in any other country. But
their peculiar circumstances must, in fairness to the class last
mentioned, be briefly noticed. Undoubtedly, without any disrespect to
emigrants, it may be laid down as an acknowledged fact, that hitherto
this class, though it has comprised many excellent, clever, and good
men, has not usually been composed of the flower of the English nation.
Supposing that things are now altered for the better, time was--and that
not many years ago--when "every one that was in distress, and every one
that was in debt, and every one that was discontented," was apt to swell
the tide of emigration to our British colonies in Australia. Upon
arriving there they found a regular system of _caste_ established; and
since as members of the _free_ population they were at once exalted to
the highest places, this was a system which in most cases flattered the
pride of the settlers. Possibly many of the faults of the emancipist
class might be traced to the treatment they have received at the hands
of the free, and these faults