Edward Smith Hall and the Introduction of Jury Trials to New South Wales

Abstract

The early history of democracy in colonial Australia has been well described as a 'strange birth'. New South Wales (NSW) was close to a military autocracy on its foundation in 1788, with only a distant colonial office to curb the governor's power. Yet, by the mid nineteenth century, it was one of the most democratic places in the world, enjoying responsible government and something approximating white, male suffrage. The period 1828 to 1856, bookended by the 'Australian Courts Act' 1828 (UK) and the 'New South Wales Constitution Act' 1855 (UK), was a three-decade phase of dramatic democratic transformation, although this rapid change was traumatic for some. Liberals and radicals challenged the power of the governor through the first independent newspapers. The court system provided another theatre for large ideas and egos to clash.