ioo A COLONIAL AUTOCRACY. 



always been not only nominally but actually granted by the 

 magistrates at each district ; and I think your Lordship will 

 agree with me . . . that such a system is most accordant to 

 the law of England and the dictates of reason. . . . The in- 

 fluence and patronage arising from this source is now wholly 

 engrossed by the Governor to the injury of the public . . . and 

 greatly to the diminution of the influence of the magistrates." l 



The procedure was settled by Macquarie in the Order of 

 i8i3. 2 Applications for licenses or renewals were sent in the 

 form of memorials to the office of the Governor's Secretary. 

 Those which were approved by the Governor were handed over 

 to the Bench of Magistrates, or rather a list of their names was 

 transmitted to them. The applicants attended the meeting of 

 the Bench with their sureties, paid over their fees and securities 

 and received their licenses. " I am sure, " wrote Bent, "your 

 Lordship will be surprised on hearing that this list was never 

 in any instance previously committed to me or to any of the 

 magistrates, nor was I ever consulted with regard to a single 

 person named in the list." 3 



Every memorial had, according to the regulations, to be ac- 

 companied by certificates from the resident chaplain and magis- 

 trate of the district in which the applicant resided. After 1815 

 the Superintendent of Police was for this purpose the Resident 

 Magistrate of Sydney. But the Bench, who technically granted 

 the licenses, really acted as " the clerks of the Governor ". " And 

 I cannot but think," said Bent, " that it would have been much 

 more delicate and less injurious to the credit of the magistrates, 

 as well as equally legal, if his Excellency had directed them to 

 have been made out and granted exclusively by his Secretary ".* 



The certificates of the magistrates and chaplains attached 

 to the memorial were to certify the applicants ' " correct, orderly 

 and strictly moral conduct," and each applicant was to possess 

 a good and commodious house. 5 But the Governor frequently 



1 Bent to Bathurst, ist July, 1815. R.O., MS. 

 2 G.G.O., soth January, 1813. 



3 Bent, see above. From 1816 to 1820 the only magistrate who attended 

 the meeting of the Bench at which licenses were granted was Wentworth, and he 

 came in order as Treasurer of the Police Fund to receive the fees. See 

 Wylde's Evidence, Appendix, Bigge's Report. R.O., MS. 



4 See above. 6 G.G.O., igth August, 1815. 



