THE EXECUTIVE AND THE JUDICIARY. 203 



November a Government and General Order, signed by the 

 Major of Brigade, forbade " any officer on the civil or military 

 staff of the Colony residing at head-quarters . . . ever to absent 

 himself from thence for a whole day or night without previously 

 obtaining the Governor's permission V Bent, not considering 

 that he was comprehended in such an Order, took no notice of 

 it. Macquarie sent for him, and an angry interview was the 

 result. The Governor said it was Bent's duty to wait every 

 morning at Government House to receive his commands, and 

 "unequivocally informed him that he considered him as an 

 officer on the Civil Staff". 2 Bent replied that he was not 

 bound to obey the Order and "that he was not subject to 

 military discipline". 3 He was indignant that he should be 

 treated merely as a " subaltern officer a mere cypher a person 

 sent out simply for his (Macquarie's) convenience and merely 

 to execute his commands ". 4 



Such was the state of their relations when the tempestuous 

 presence of Jeffery Bent tore them further asunder. 



He was younger than his brother and had been six years 

 at the Bar. He was hot-tempered, abusive when roused, and 

 quick to resent a real or fancied slight During the three years 

 he remained in New South Wales he waged unceasing war, 

 and his behaviour was scarcely that of a normal man. Loyalty 

 and affection for his brother appear to have been the only 

 gentle aspects of this enraged judge, and never had any 

 Governor to deal with so angry an official. Before he left the 

 Colony every spark of opposition in the length and breadth of 

 the land had been fanned into flame. Under his malevolent 

 eye no abuse could slumber, and under his watchful care was 

 fostered a fresh growth of political activity which bore plentiful 

 fruit in succeeding years. Yet he was moved by no high ideal 

 nor steadfast principle. He was not in any way a vicious man. 

 In all the disputes in which he engaged, wherein many hard 

 things were said or implied against either side, there was never 

 an accusation against his honesty or his sobriety. The primary 



1 The object of the Order was to prevent officers going up to their farms in 

 the country and spending " several days there to the neglect ol their public duty ". 

 Macquarie did not even pretend to think that Bent neglected his. 



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



3 See above, ist July, 1815. R.O., MS. * Ibid. 



