Page:A colonial autocracy, New South Wales under Governor Macquarie, 1810-1821.djvu/235

, and the Judge-Advocate in bad health. It was natural enough that he should wish to give up this extra duty, though his manner of doing so could hardly help giving offence to Macquarie. But Bent was afraid that, should he mention his intention, the Governor would "misconstrue the communication and consider me as applying for permission to do that which I conceive His Majesty's Charter placed within my own discretion". His retirement was followed by a stormy but resultless interview, and an Order was published in the Gazette which announced that the Judge-Advocate had thought fit to decline presiding for the future at the weekly meetings of the Bench. This announcement, curt and unfriendly in tone, was the first public indication of the strained relations between them. On the day on which he ceased to preside on the Bench the Judge-Advocate sent to the Governor his Observations on the Port Regulations.

These Regulations formed the special Trade and Navigation Laws of the Colony. In October, 1810, Macquarie had re-issued those of his predecessors, but in 1814, in view of the opening of the ports, he decided to issue a new edition. He sent a rough draft to the Judge-Advocate for his "revisal [sic] and correction". For nearly twelve months pressure of work and illness delayed the task. But on the 31st December the Governor received from Bent a Report on the Regulations which was little likely to please him. Instead of a corrected proof wherein exact legal point was given to the layman's English, he received a criticism condemning practically all the new clauses in the draft.

After considering each clause and noting its defects, Bent proceeded to add some "General Observations".

"Having given much attention to this subject," he wrote, "I may venture to express my opinion thus: the laws enacted at different times by the British Legislature for regulating the trade with the plantations, should be the basis of the Port Regulations here. That they are supposed to apply to this Colony is sufficiently clear, because every Governor, previous to assuming his Government, is commanded by his Commission, to take an Oath for the due execution of them; and I may further add that