THE LIQUOR TRADE. 101 



dispensed with these requirements, and even applicants to whom 

 the Superintendent had refused certificates obtained licenses 

 by the Governor's order. 1 Nor had the chaplain's signature 

 always been attached to the successful memorials. In the case 

 of Sydney this laxity might well have been justified by the dic- 

 tates of common-sense, for the Rev. Mr. Cowper was inclined, 

 like many other clergymen, to regard attendance at church as 

 the final test of morality. 2 At the same time the neglect of 

 their recommendations or refusals to recommend made the 

 magistrates perfunctory in their duties, and to a large extent 

 accounts for the number of worthless persons to whom they 

 gave certificates. The combined opinion of the Bench would 

 have given far greater security than a testimonial signed by 

 an irresponsible magistrate and confirmed or set aside by the 

 Governor. It was impossible for the latter to " have individually 

 so many opportunities of becoming acquainted with the charac- 

 ters of the inhabitants as the magistrates, who have them more 

 immediately under their control". 3 In the few instances in 

 which the Bench did offer their opinion, Macquarie acted in op- 

 position to it. A license given in spite of their contrary advice 

 had later to be withdrawn, 4 while in another case his indepen- 

 dent mode of action led to a shameful abuse. " A man . . . 

 convicted of felony before His Majesty's Court of Criminal 

 Jurisdiction, and sentenced to hard labour at the Coal River, 5 

 not only succeeded in obtaining his remission from that sentence, 

 but actually received and still has a license to keep a public 

 house, and this only a short time after he had received the 

 sentence of the Court." 6 



One regulation was rigorously adhered to. " No person," 

 declared the General Order of 3Oth January, 1813, " who is still 

 under sentence of the law as a convict, will receive a license, 

 neither are any constables, clerks or other persons in the service 

 of Government to be licensed as publicans". However, the 

 disqualification did not extend to the free wives of male con- 

 victs or the free husbands of female convicts. 7 Probably the 



1 Evidence of Assistant Superintendent of Police, Appendix to Bigge's Reports. 

 R.O., MS. 



2 Riley, C. on G., 1819. 3 Ibid. 



*Ibid. Case of Mrs. Packer. 5 i.e., Newcastle. 



6 Bent, ist July, 1815. R.O., MS. 7 Riley, C. on G., 1819. 



