THE EXECUTIVE AND THE JUDICIARY. 227 



" I the more particularly remember it," said Riley, " from my 

 surprise at the circumstances, as I considered the Governor had 

 respected Mr. Bent, whose memory was revered throughout the 

 Colony." l 



Another colonist wrote of him : " He was mild and merciful, 

 in all legal decisions firm and just. No power could bias him 

 to act contrary to his convictions. His life was an example of 

 every public and private virtue. His death is deeply lamented 

 and this Colony most sincerely feels his loss." 2 



In these sad circumstances an acting Judge- Advocate had to 

 be appointed. Macquarie's choice fell upon Garling, who was 

 the senior "Government" solicitor, and had arrived a few 

 months before. He needed much persuasion before he would 

 accept a position of such responsibility, and it was not until the 

 nth of December that he consented. " Recollecting the en- 

 lightened mind, profound erudition, and vast legal knowledge 

 that distinguished the late Judge- Advocate, whose persuasive 

 eloquence and peculiar suavity of manner adorned his character 

 on the judicial seat and endeared him to all ranks of society in 

 this Colony," he felt natural diffidence in his own powers. He 

 felt, too, that so long as Jeffery Bent was in Sydney the posi- 

 tion would be a difficult and delicate one. 3 



Bent indeed was very angry, and the humiliation was the 

 keener because it was he who had originally recommended 

 Garling to the Colonial Office. He could now do no more 

 than declare that he had been wholly mistaken in Garling's 

 character and acquirements. He said also that his appointment 

 as Judge- Advocate was a piece of bribery, and had been made 

 in order to admit the emancipist attorneys once more to practice. 4 

 In 1820 Garling denied this altogether, and stated that the 

 Governor never even mentioned the matter to him. 5 They 



1 Riley, C. on G, 1819. 



2 Bayly to Bunbury, I3th March, 1816. R.O. 



3 Garling to Macquarie, nth December, 1815. Enclosure to D. 2, R.O., MS., 

 1816. Macquarie had no power under the charter of appointing an acting judge 

 or a permanent judge in case of a sudden vacancy. It was one of the omissions 

 pointed out by Field in 1820 (Appendix, Bigge's Reports). R.O., MS. The 

 general powers of the Governor's Commission and the necessities of the case in 

 this instance amply justified his action in making such an appointment. 



4 Bent to C.O., ist March, 1816. R.O., MS. 



5 See Evidence, Appendix, Bigge's Reports. R.O., MS. 



