Page:A colonial autocracy, New South Wales under Governor Macquarie, 1810-1821.djvu/356

 of his government both within and without the Colony should have been directed not to Macquarie, but at the original founders of New South Wales. Its affairs had never run smoothly, and Governors had always been on bad terms with one or other of the colonists, a fact due probably to the confusion and lack of definition of the Governor's powers. But so long as the number of the inhabitants was small, and so long as there was no man learned in the law amongst them, disputes, oppressions and severities might continue without check. When quarrels were referred to the Colonial Office they were treated wholly in their personal aspect and disclosed no difficulties nor doubts as to the Governor's legal powers. The growth of population, the improved judicial constitution, and, more still, the advent of Ellis Bent had brought about a new phase.

The struggle between Ellis Bent and Macquarie no doubt originated in a divergence of opinion on other matters, but it has been shown how their opposition gathered round the totally different conceptions held by each of the rights of the executive. Macquarie, in exercising the powers of legislation, taxation, and judicial control, had simply accepted the traditional rights of his position, and up to that time these powers had not only been adopted by each Governor with the tacit support of the Colonial Office but had been accepted in the Colony without declared opposition. No sooner, however, had Ellis Bent become Judge-Advocate than he found himself forced to contest the huge assumption of previous Governors, and to fight for judicial independence and the supremacy of the law. While he fought alone against Macquarie for this doctrine of judicial integrity, his brother banded himself with each opposing faction and gave voice to every complaint which arose or could be invented against the Governor. It was in great measure owing to the dignified protests of Ellis Bent and the turbulent fury of Jeffery Bent that Macquarie was the last Governor of New South Wales who exercised control over the courts, made laws and levied taxes at his own will, and ordered a punishment without trial. Still, in justice, it must be remembered that Macquarie did not originate the system of military government, but that he had the misfortune of carrying it on in a Colony which was clearly outgrowing its possibilities.