In reply Macquarie proposed to discontinue a correspondence which would probably subject him to further insult. While thus securing the last word he referred very shortly to Bent's letter as being in many parts inconsistent and containing many insinuations "as unjust as they were illiberal".[1]
Both judges and the Governor immediately referred the whole correspondence to the Secretary of State, each adding to the enclosures characteristic explanations and comments. Ellis Bent put the whole position with such lucidity and moderation as to be well worth quoting.
"It must also be considered," he wrote, "that offices are not made for the individuals who may be selected to fill them, but for the benefit of the publick; and to answer the purpose of their institution the respectability of their characters must be supported; it is not sufficient to them that the habits of a person convicted of felony have been so far improved as to qualify him to exercise the office of magistrate or the duties of an attorney with propriety, but it is necessary also to be satisfied in the one case that the character of the office, in the other that that of the court, may not be injured by the introduction of persons so circumstanced. A long exercise of the duties of a magistrate in this Colony enables me to say that the character of the magistracy has been much injured by the introduction into it of persons who came out as transports to this Colony; and I am sure that respectability of the Courts of Justice will be utterly destroyed if a similar class of persons be admitted as attorneys."[2]
The estrangement between Macquarie and the Bents remained complete. In October the Judge-Advocate became so ill that Macquarie agreed to allow him leave of absence in order to try the effects of a long sea voyage. Jeffery Bent at once offered his services as Judge in the Criminal Court. He was willing to act under the Governor's warrant, but as he might incur a heavy responsibility by so doing he proposed certain restrictions. The principal one was that the sentence of death
15
