years on the Sydney Bench, could not remember any of them having been brought before him for any offence. Two days, afterwards, the emancipist Henshall, and the free man Blake, made affidavits describing their treatment, which were taken by J. H. Bent, because, by his account, no other magistrate in the Colony would dare to take them.[1]
Macquarie's conduct was unjustifiable from the beginning. The constable had been placed by his orders not to warn but to trap offenders. Once arrested the only charge to be laid against the men was that of trespassing, and the fact of trespass should have been inquired into by a magistrate. Macquarie might, had he so desired, have conducted the inquiry himself, but he had no more power than any other magistrate to order punishment without examination on oath. The punishment of the convict was not perhaps illegal, for such summary discipline was occasionally exercised over the prisoners. But there was no such jurisdiction over Henshall and Blake, and the Governor's action had not even a suspicion of legality. The free and freed inhabitants of the Colony did not consider themselves amenable to the "same coercive measures of Government which are judged necessary for keeping the prisoners in order."[2] Those who saw the warrant before its execution were much alarmed, and Wentworth had serious thoughts of suppressing it. The gaoler was in a quandary, afraid to obey and afraid to disobey the order.[3] The latter fear was the most pressing and he obeyed.
The news of what had happened spread quickly over the town, and whenever a group of people gathered together it was the subject of discussion. "The inhabitants of all ranks," said Riley, "were surprised and alarmed; until that moment the humblest freemen in the Colony had considered their persons safe under the Government of General Macquarie; it was an unguarded measure, condemned and lamented by his best friends; and from the knowledge I conceive I have of Governor Macquarie I think he must himself have regretted that he gave the order.[4]
