Although with the arrival of Lachlan Macquarie, the New South Wales Corps and its monopoly were ended, the military influence survived, with military officers having sway over the justice system. A great gulf existed between the officers and their factional division which included the free settlers ("exclusives") and convicts who had completed their term of imprisonment and were now settlers ("emancipists").
In 1814 a Second Charter of Justice was issued for New South Wales. It defined how the civil court system was to be structured. Three new Courts of Civil Judicature were to be established in New South Wales: the Governor's Court, the Lieutenant-Governor's Court and the Supreme Court. Jeffrey Hart Bent, the brother of the Judge Advocate, arrived in the colony as the first judge of the new Supreme Court.
Courts need lawyers and Macquarie's efforts to allow emancipist attorneys to appear before the Supreme Court was blocked by Jeffrey Bent, who, with his brother, had his allegiances with the military and exclusive settlers. Later in 1814, two solicitors, Fredrick Garling and Moore, arrived in New South Wales. English law was to be followed as far as it was possible. Where new ordinances or laws were needed, they were to be consistent with English laws as far as the particular circumstances of the colony would allow. Many of the settlers were discontented with this, because they questioned whether some of the governors' ordinances were, in fact, valid. Claims were made in New South Wales and in England that governors were exceeding their authority by making ordinances that were in conflict with English laws.
Macquarie's relationship with the new Court was never harmonious. The brothers Bent, in their key legal positions, quickly became opponents of the Governor, and personal antipathy affected decisions on both sides. Like most of the governors before him, Macquarie's noble ideals were undermined by harsh realities and constant opposition. In 1816 he enforced his new proclamation against trespassing on the Government Domain by having three trespassers (all free settlers) flogged. This incident was one of several of which Bent and others complained to the British Government as examples of Macquarie's authoritarian excesses. As a result, Macquarie was censured by Lord Bathurst, the Secretary of State for Colonies, and eventually a commissioner, J. T. Bigge, was sent to inquire into affairs in New South Wales.
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