 Pedder, in a long and weighty judgment took a different view to Forbes, holding that the right to trial by civilian jury was taken away by section 19 of the "New South Wales Act" 1823.As Chief Justice, Pedder was automatically a member of the Legislative Council and the Executive Council, which necessitated a very close relationship with Governor Arthur and even led to him being referred to as belonging to the "government party".The Chief Justice should not have been put into such a position, and in 1851, when the new partly elected legislative council was formed, the Chief Justice was no longer one of the government nominee members.