194 A COLONIAL AUTOCRACY. 



tions in so important a part of the internal policy should be 

 gradually introduced." 



In his reply Macquarie carried his proposals further than 

 before. He suggested that the Supreme Court should have the 

 power to order Trial by Jury in all civil cases in which they 

 thought " that mode of trial would be best calculated to do 

 justice between the parties "- 1 He again proposed the abolition 

 of theoffice of Judge-Advocate, substituting an assistant or puisne 

 judge, and leaving one of the solicitors to act where necessary 

 at General Courts-Martial 2 Another assistant judge might be 

 appointed to act with the Chief Judge in the Supreme Court 

 and thus relieve the magistrates " of a duty (which they much 

 dislike on account of the great length of time occupied by these 

 courts in civil cases) and the court and the public gain an 

 accession of professional knowledge and intelligence ". 



Before this despatch reached Downing Street the new 

 charter, on the lines laid down by Lord Bathurst, had received 

 the assent of the Crown and been published as Letters Patent 3 



The new Chief Judge of the Supreme Court of Civil Judica- 

 ture, Jeffery Hart Bent, Barrister-at-Law of Lincoln's Inn, and 

 brother of the Judge- Advocate, had been appointed and had 

 left England early in 1814. At the same time two solicitors, 

 with salaries of 300, had been sent out to conduct the business 

 of the new court. 



J. H. Bent arrived in Sydney at the end of July and at once 

 delivered to the Governor the Charter of Justice with which he 

 had been entrusted. He took the oaths of office, and the 

 charter was published on I2th August, 1814. Macquarie wrote 

 that he had every reason to believe " that this gracious measure 

 of His Royal Highness the Prince Regent will prove highly 

 beneficial to His Majesty's subjects in this remote and improv- 

 ing country." * 



Ellis Bent, however, was deeply mortified by the scant at- 

 tention paid to his letters, and hoped that this was due to their 

 late arrival when the charter had already been decided upon. 



1 D. 2, 28th June, 1813. R.O., MS. 



'From 1810 to 1814 only three General Courts-Martial were held 



1 13 & 14 Geo. III., Roll of Letters Patent. 



4 D. ii, 7th October, 1814. R.O., MS. 



