under the sanction of the Government. His concluding words were decisive.
"In a word," he wrote, "it is my object and my duty to render the Supreme Court of Judicature in this Territory as respectable as possible, in the eyes not only of the Colony, but of the world—an object which must be defeated by my compliance with the Petitioners' request. In no other part of His Majesty's dominions would they be allowed to practise as attorneys, and whatever reason may have existed before this time for extending such an indulgence to them, none can be now pretended to exist after the liberal provision which His Majesty's Government have made for this purpose by the appointment of respectable solicitors at a considerable expense to the Crown—an appointment which would be rendered wholly unnecessary by granting the Petitioners' application."[1]
The Governor made no reply to this letter, and when the court met on 1st May he was making a tour in the Blue Mountains from which he did not return until the 19th of the month. He thought that the admission of the emancipists was assured, for whatever Bent might think, the two magistrates who were to sit with him had seen the Governor's letter and stated their agreement with its contents.[2] However, matters did not go as smoothly as he had anticipated.
At its first meeting the court decided to hear the petitioners on 6th May. On that day Crosley and Chartres were heard, but Eager was ordered to prepare a new petition, his first one not being properly drawn.
On 9th May, Bent held a consultation with the other members of the court and attempted in vain to bring them over to his view. He argued that "If … those who had been convicts were admitted, how would it be possible to refuse to admit any persons coming from England or Ireland struck off the rolls at home, or of bad conduct and with the fear of it before them. Such would naturally flock here; and if it is not possible for the judges at home, with the assistance of an honourable and learned Bar, and every means that attorneys and officers habituated to correctness in business can give, to
