THE EXECUTIVE AND THE JUDICIARY. 225 



In reply Macquarie proposed to discontinue a correspond- 

 ence which would probably subject him to further insult. 

 While thus securing the last word he referred very shortly 

 to Bent's letter as being in many parts inconsistent and 

 containing many insinuations " as unjust as they were il- 

 liberal ".! 



Both judges and the Governor immediately referred the 

 whole correspondence to the Secretary of State, each adding 

 to the enclosures characteristic explanations and comments. 

 Ellis Bent put the whole position with such lucidity and modera- 

 tion as to be well worth quoting. 



w It must also be considered," he wrote, " that offices are not 

 made for the individuals who may be selected to fill them, but 

 for the benefit of the publick ; and to answer the purpose of 

 their institution the respectability of their characters must be 

 supported ; it is not sufficient to them that the habits of a 

 person convicted of felony have been so far improved as to 

 qualify him to exercise the office of magistrate or the duties of 

 an attorney with propriety, but it is necessary also to be satis- 

 fied in the one case that the character of the office, in the other 

 that that of the court, may not be injured by the introduction 

 of persons so circumstanced. A long exercise of the duties of 

 a magistrate in this Colony enables me to say that the character 

 of the magistracy has been much injured by the introduction 

 into it of persons who came out as transports to this Colony ; and 

 I am sure that respectability of the Courts of Justice will be 

 utterly destroyed if a similar class of persons be admitted as 

 attorneys." 2 



The estrangement between Macquarie and the Bents re- 

 mained complete. In October the J udge- Advocate became so 

 ill that Macquarie agreed to allow him leave of absence in order 

 to try the effects of a long sea voyage. Jeffery Bent at once 

 offered his services as Judge in the Criminal Court. He was 

 willing to act under the Governor's warrant, but as he might 

 incur a heavy responsibility by so doing he proposed certain 

 restrictions. The principal one was that the sentence of death 



1 Macquarie to Bent, 2nd June, 1815. Enclosure, D. 5, 1815. R.O., MS. 



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



15 



