246 A COLONIAL AUTOCRACY. 



years on the Sydney Bench, could not remember any of them 

 having been brought before him for any offence. Two days 

 afterwards, the emancipist Henshall, and the free man Blake, 

 made affidavits describing their treatment, which were taken 

 by J. H. Bent, because, by his account, no other magistrate in 

 the Colony would dare to take them. 1 



Macquarie's conduct was unjustifiable from the beginning. 

 The constable had been placed by his orders not to warn but 

 to trap offenders. Once arrested the only charge to be laid 

 against the men was that of trespassing, and the fact of trespass 

 should have been inquired into by a magistrate. Macquarie 

 might, had he so desired, have conducted the inquiry himself, 

 but he had no more power than any other magistrate to order 

 punishment without examination on oath. The punishment of 

 the convict was not perhaps illegal, for such summary discipline 

 was occasionally exercised over the prisoners. But there was 

 no such jurisdiction over Henshall and Blake, and the Gover- 

 nor's action had not even a suspicion of legality. The free and 

 freed inhabitants of the Colony did not consider themselves 

 amenable to the " same coercive measures of Government which 

 are judged necessary for keeping the prisoners in order." - Those 

 who saw the warrant before its execution were much alarmed, 

 and Wentworth had serious thoughts of suppressing it. The 

 gaoler was in a quandary, afraid to obey and afraid to disobey 

 the order. 3 The latter fear was the most pressing and he obeyed. 



The news of what had happened spread quickly over the 

 town, and whenever a group of people gathered together it was 

 the subject of discussion. "The inhabitants of all ranks," said 

 Riley, " were surprised and alarmed ; until that moment the 

 humblest freemen in the Colony had considered their persons 

 safe under the Government of General Macquarie ; it was an 

 unguarded measure, condemned and lamented by his best 

 friends ; and from the knowledge I conceive I have of Gover- 

 nor Macquarie I think he must himself have regretted that he 

 gave the order." * 



1 Evidence, C. on G., 1819. Bent did not know if the men had asked any 

 other magistrate to take their affidavits. Probably he asked them to make them. 



2 Riley, C. on G., 1819. 



3 Wentworth's Evidence, Appendix, Bigge's Reports. R.O., MS. 



4 Riley, C. on G., 1819. 



