THE EXECUTIVE AND THE JUDICIARY. 197 



by whose opinions he would naturally be guided on his first 

 arrival." l 



He laid the blame on Foveaux, who steadily denied any 

 responsibility, saying that he cautioned Macquarie against both 

 men. 2 Bigge heard in 1820 that Foveaux had recommended 

 Thompson, then Chief Constable at Windsor, as "a useful 

 man," a recommendation not inconsistent with cautious treat- 

 ment, and in no way implying that he would make a good 

 magistrate. 3 The appointment was a precipitate and remark- 

 able one for which the whole responsibility belonged to the 

 Governor. 



In the case of both Lord and Thompson the measure was 

 counter to colonial opinion. Reference has already been made 

 to Marsden's views 4 and those of Riley were similar. He de- 

 clared " that there was no person capable of reflecting on the 

 measure, who did not regret that the Governor had taken so 

 premature and unexpected a step ; and I think this sentiment 

 has equally prevailed on the minds of the discriminating pro- 

 portion of those who had originally been prisoners themselves, 

 as among the inhabitants who came free into the Colony. The 

 appointment 5 unquestionably lessened the respect of the in- 

 habitants towards the magistracy ; it was viewed by the 

 mercantile connections of the Colony abroad, and by every 

 stranger who visited it, in the same light." 6 



Thompson died just after his appointment, and beyond a 

 supposition that "the Governor had formed too sanguine an 

 expectation, and that it was unlikely he could have commanded 

 the respect of the district," 7 there was nothing to be said of his 

 magisterial capabilities. But Lord, though not lacking in 

 natural sagacity, was ignorant and illiterate, and followed the 

 trade of auctioneer and retail shopkeeper. These means of 



1 Macarthur to his wife, 2ist April, 1811. H.R., VII., p. 524. 



*Ibid. 3 Bigge's Report, II. 



4 Bigge shared this view of Riley's, Report II. B i.e., of Lord. 



6 Riley, C. on G., 1819. When Macarthur heard of Thompson's will he 

 wrote to his wife, 2ist April, 1811, H.R., VII. : " How, how could Governor and 

 Mrs. Macquarie be'imposed upon as they have been ? I think the last stroke, of 

 leaving the Governor part of his property, is by far the deepest he ever attempted, 

 whether I view it as an act done in contemplation of death or in expectation of 

 raising himself to higher favours should he live." 



"'Ibid. 



