THE EXECUTIVE AND THE JUDICIARY. 205 



order," he said, " to accommodate him as far as I felt myself 

 justifiable". After that the Governor doubtless expected to 

 carry his plans for the court-house without further opposition. 

 In 1813 it had become clear that if another court was to be 

 established, the Judge-Advocate's office would not provide suf- 

 ficient space. Macquarie proposed to build a court-house, and a 

 voluntary subscription list was opened which the Government 

 headed with 500. The cost of the materials Macquarie calcu- 

 lated at 5,000, and he wanted a Parliamentary grant of 2,000 

 to help out the subscriptions. The labour was to be supplied by 

 the convict gangs. Although tenders were called for and ac- 

 cepted, the whole project was abandoned in November, very 

 much to the disgust of Ellis Bent, who blamed Macquarie for 

 not " withdrawing the artificers and labourers from other public 

 works". 1 



In 1814 the Governor put forward a new plan. The 

 hospital was almost completed and was on a scale far too ex- 

 tensive for present needs. It consisted of a main building con- 

 taining four large wards, and two detached wings of considerable 

 size intended for the residences of fhe chief surgeon and his 

 two assistants. Macquarie thought that half of the main build- 

 ing what he called "a wing of the hospital," should be ap- 

 propriated for the sittings of the courts. The Colonial Office, 

 as well as the Bents, took this to mean one of the detached 

 wings, and agreed that the arrangement was a suitable one. 

 But when the judges discovered that Macquarie meant to use 

 two of the hospital wards they were very indignant. After a 

 long discussion the matter was referred home, but it was of 

 course too late to make any alteration in Macquarie's plans, and 

 His Majesty's Court of Justice were "compelled to sit in the 

 wards of a common hospital ", 2 Goulburn, writing to Bent 

 in 1815, hoped that this minor matter would not disturb his 



1 D. i, 24th February, 1815. R.O., MS. There is no reason given for aban- 

 doning the scheme. Perhaps the subscriptions came in too slowly. 



2 Bent (J. H.) to Goulburn, i6th December, 1814. R.O., MS. The wan 

 were used exclusively as court-rooms and fitted up as such. In 1820 at Bigge 

 suggestion the plan originally advocated by the Bents was carried out with 

 Macquarie's full concurrence, and one of the surgeons' residences turned into a 

 court-house. D. 12, 28th February, 1820. R.O., MS. 



