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[Page 15]
January 1808
26th - Letters passed immediately from the secretary members, to me requiring another Judge Advocate. In reply to this I declared them to be no Court, and that the Judge Advocate could not be superceded; for both they and the prisoner contended for a right of challenging though the Patent expressly declares that the Court shall be composed of His Majesty's Judge Advocate and such six officers of His Forces either by sea or land as the Governor shall direct besides McArthur has before read to them my answer to him on his application to have the Judge Advocate suspended (as mentioned in Paragraph 15) and therefore it was known to them all I had determined it could not be done.
27th - Many inconveniences would arise, if the Governor attended to every representation of a prisoner, or of the members of a Court, in suspending the Judge Advocate, and though it were granted that the Governor might use his discretion in suspending him on such occasions yet it seems quite unreasonable that he should be compelled to do it, as the Patent gives the Members of the Court no such power. If the right of Challenge was admitted, there would not in cases innumerable be a sufficiency of of Officers to form a legal Court in this Colony, which
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