"I the more particularly remember it," said Riley, "from my surprise at the circumstances, as I considered the Governor had respected Mr. Bent, whose memory was revered throughout the Colony."[1]
Another colonist wrote of him: "He was mild and merciful, in all legal decisions firm and just. No power could bias him to act contrary to his convictions. His life was an example of every public and private virtue. His death is deeply lamented and this Colony most sincerely feels his loss."[2]
In these sad circumstances an acting Judge-Advocate had to be appointed. Macquarie's choice fell upon Garling, who was the senior "Government" solicitor, and had arrived a few months before. He needed much persuasion before he would accept a position of such responsibility, and it was not until the 11th of December that he consented. "Recollecting the enlightened mind, profound erudition, and vast legal knowledge that distinguished the late Judge-Advocate, whose persuasive eloquence and peculiar suavity of manner adorned his character on the judicial seat and endeared him to all ranks of society in this Colony," he felt natural diffidence in his own powers. He felt, too, that so long as Jeffery Bent was in Sydney the position would be a difficult and delicate one.[3]
Bent indeed was very angry, and the humiliation was the keener because it was he who had originally recommended Garling to the Colonial Office. He could now do no more than declare that he had been wholly mistaken in Garling's character and acquirements. He said also that his appointment as Judge-Advocate was a piece of bribery, and had been made in order to admit the emancipist attorneys once more to practice.[4] In 1820 Garling denied this altogether, and stated that the Governor never even mentioned the matter to him.[5] They
- ↑ Riley, C. on G. 1819.
- ↑ Bayly to Bunbury, 13th March, 1816. R.O.
- ↑ Garling to Macquarie, 11th December, 1815. Enclosure to D. 2, R.O., MS., 1816. Macquarie had no power under the charter of appointing an acting judge or a permanent judge in case of a sudden vacancy. It was one of the omissions pointed out by Field in 1820 (Appendix, Bigge's Reports). R.O., MS. The general powers of the Governor's Commission and the necessities of the case in this instance amply justified his action in making such an appointment.
- ↑ Bent to C.O., 1st March, 1816. R.O., MS.
- ↑ See Evidence, Appendix, Bigge's Reports. R.O., MS.
