THE EXECUTIVE AND THE JUDICIARY. 207 



summer, and the Judge- Advocate in bad health. It was natural 

 enough that he should wish to give up this extra duty, though 

 his manner of doing so could hardly help giving offence to 

 Macquarie. But Bent was afraid that, should he mention his 

 intention, the Governor would " misconstrue the communication 

 and consider me as applying for permission to do that which I 

 conceive His Majesty's Charter placed within my own discre- 

 tion ".! His retirement was followed by a stormy but resultless 

 interview, and an Order was published in the Gazette which 

 announced that the Judge- Advocate had thought fit to decline 

 presiding for the future at the weekly meetings of the Bench.* 

 This announcement, curt and unfriendly in tone, was the first 

 public indication of the strained relations between them. On 

 the day on which he ceased to preside on the Bench the Judge- 

 Advocate sent to the Governor his Observations on the Port 

 Regulations. 



These Regulations formed the special Trade and Navigation 

 Laws of the Colony. In October, 1810, Macquarie had re-issued 

 those of his predecessors, but in 1814, in view of the opening of 

 the ports, he decided to issue a new edition. He sent a rough 

 draft to the Judge- Advocate for his"revisal and correction". 

 For nearly twelve months pressure of work and illness delayed 

 the task. But on the 3ist December the Governor received 

 from Bent a Report on the Regulations which was little likely 

 to please him. Instead of a corrected proof wherein exact legal 

 point was given to the layman's English, he received a criticism 

 condemning practically all the new clauses in the draft. 



After considering each clause and noting its defects, Bent 

 proceeded to add some " General Observations ". 



" Having given much attention to this subject," he wrote, " I 

 may venture to express my opinion thus : the laws enacted at 

 different times by the British Legislature for regulating the trade 

 with the plantations, should be the basis of the Port Regula- 

 tions here. That they are supposed to apply to this Colony is 

 sufficiently clear, because every Governor, previous to assuming 

 his Government, is commanded by his Commission, to take an 

 Oath for the due execution of them ; and I may further add that 



1 ist July, 1815. R.O., MS. 2 G.G.O., a8th January, 1815. 



