Page:History of Australia, Rusden 1897.djvu/261

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KING ASKS FOR JUDGE-ADVOCATE, OR CHIEF JUSTICE.
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hereafter be in your hands arising from the sale of the said Crossley's effects."

It may seem incredible that the English government would not, if they could, find a lawyer to assist the Governor in performing his duty as the highest local Court of Appeal. The Judge-Advocate Atkins had once been an officer in the army. As he aided Crossley in advising Governor Bligh he may be coupled with him here. When Collins, the first Judge-Advocate, returned to England in 1796, Governor Hunter appointed Atkins temporarily. The Secretary of State appointed Mr. Richard Dore. He, after officiating from the beginning of 1798, died in 1800. Atkins applied for the office.[1] King appointed him temporarily on the ground of his "having heretofore acted," but urged the necessity of good behaviour. Atkins, thanking him, said: "I will not deny that I have often been guilty of intemperance, but I pledge myself to His Excellency that no cause of censure on that head shall reach me in future; but permit me to say, that had the foibles of others been as nearly watched as mine, I should not be the only one to whom that crime might be imputed." But though Atkins was appointed temporarily, King never ceased to urge that professional knowledge was required for the office. He made no special complaint against Atkins, who paid "as much general attention to the duty as any man might do who has not made the law his study and profession," but he deemed it essential that the Judge-Advocate should be a lawyer. Year after year the same application was made by King without result. In 1804, when putting down rebellion and establishing settlements in Van Diemen's Land to keep away the French flag, he told Lord Hobart that he felt it—

"indispensable as well for the benefit of the inhabitants as for a guide to the Governor and to prevent frequency of appeals, that a professional man be appointed, either as Judge-Advocate or Chief-Justice, who can give the Governor (who cannot be supposed to be a lawyer) that conclusive legal information which is so requisite, and who is able to counteract the chicane


  1. He applied thus: "Mr. Dore being now resigned to his mother earth . . . . my education has not been what is called a legal one, but a classical one . . . . I am induced to hope (Governor Hunter having previously employed him) your Excellency will restore me to the official duties of that office."