THE EXECUTIVE AND THE JUDICIARY. 217 



prevent the frauds and mischiefs which individuals suffer from 

 the mal-practices of those who are a disgrace to the profession 

 and a menace to the public, how could judges here without 

 such assistance or means of prevention guard against the 

 chicanery and the never-ceasing tricks of those who have been 

 expelled their profession and transported here in punishment 

 of their misconduct." He did not, however, desire to give the 

 two solicitors sent by the Crown a perpetual monopoly. " The 

 rule I should have proposed to adopt was the rule in India, 

 viz., that all admitted attorneys in England or Ireland, or 

 articled clerks to such, bringing with them their certificates 

 of good conduct, and all persons who had been articled clerks 

 to attorneys admitted here, should be admitted attorneys of 

 the respective courts; and that without any limitation as to 

 number. . . . " l 



Broughton and Riley, the two men whom he tried to con- 

 vince, were of very different calibre, but alike in knowing little 

 of the law. Riley, who has been frequently mentioned, and who 

 was the chief witness before the Committee on Gaols in 1819, 

 was a successful merchant and an honest, straightforward and 

 intelligent man. He was not in any respect dependent on the 

 Governor's favour, but did in this case hold the same opinion. 

 He had sat many times with the Judge-Advocate in the Civil 

 Court, and had not once dissented from his views. 2 Broughton, 

 who had begun his colonial career very low down on the Com- 

 missariat Staff and slowly risen to be Deputy-Commissary 

 General, 3 was a burly, blusterous man, ignorant and blunt, but 

 nevertheless a great favourite with Macquarie. Riley was 

 under no obligations to the Governor and was soon afterwards 

 sharply opposed to him in a matter of trade, 4 but Broughton 

 was very much under Macquarie's influence. 



On neither could Bent make any impression. " The statute 

 12 Geo. I., cap. 29, s. 4" and " the case ex-parte Brownsall," they 



1 See Bent, ist July, 1815. R.O., MS. This rule would not have necessarily 

 excluded convicts who had become articled clerks in the Colony and had not 

 previously been attorneys in England or Ireland. 



8 Bent, ist July, 1815. R.O., MS. 



3 It is significant that, although Macquarie several times urged Broughton & 

 claims, he never reached a higher rank than this. 



4 The trading ventures on transport vessels. See Chapter V. 



