THE EMBARRASSMENTS OF AN AUTOCRAT. 237 



your Excellency (as the fact undeniably is) had the sole and 

 entire control of the repairs of the roads and as to the ex- 

 penditure of the tolls levied from them." l 



This was irrefutable, and Lord Bathurst would undoubtedly 

 have taken his view. 2 



The correspondence came to an end with a very queer letter 

 from Bent, which illustrated his attitude towards Macquarie 

 from the moment when he had first set foot in the territory. 



" The Judge of the Supreme Court," he began, " begs to 

 remind Governor Macquarie that all his relations with this 

 Colony, and his late as well as former correspondence with 

 his Excellency, have resulted solely from his judicial station,, 

 and he had to express his sincere regret that his correspondence 

 should have been hitherto principally confined to a resistance 

 to Governor Macquarie's improper interference with him as 

 judge ; and a remonstrance against measures touching (in) his 

 opinion on the Liberty of the Subject." 3 



Macquarie expressed to Lord Bathurst the uneasiness which 

 he would not show to Bent. It was apparently the first time 

 that he had really faced the question of his right to lay taxes, 

 and he was surprised at the consequences which would logically 

 follow from Bent's doctrines. But he considered that the ab- 

 surdity of the conclusion was so obvious as to discredit the 

 premises. He described Bent's letters, and then proceeded : 

 "... he subsequently adds that the demand of toll is illegal, 

 as I possess no legal power or authority whatever to levy taxes 

 upon the subject a position which not only goes to the render- 

 ing the toils so collected illegal, but by its indefinite nature 

 equally affects all other duties or imposts, and consequently 

 strikes at the existence of any colonial fund whatever for 

 all duties on imports or exports the sums levied upon 

 licenses for the keeping of public houses, and all others which 

 constitute and go to the support of that fund have been laid 

 on by the Governors from time to time, and of course are fit 

 subjects for this doctrine of resistance by all those who are 

 required to pay them. 



1 Bent to M., 25th August, 1815. Enclosure, D. i, 1816. R.O., MS. 



2 See D., 23rd November, 1812, from Lord Bathurst. R.O., MS. 



3 Bent to M., a8th August, 1815. Enclosure, D. i, 1816. R.O., MS. 



