by imdiie association with the convict class in the com- munity. Mactjiiarie told him it was well for him that his appointment was civil, or lie might have been tried by court-iLiartial. D'Arcy Wentworth had no scruples, and was appomted co-trustee w^ith Mactiuarie's friends. When men and women were milawfully dealt with by Macquarie's order {for crossing the wall of the public pleasure-gi*oiind), Marsden was applied to by '* the public flogger" to attest a deposition as to the facts. Macquarie thereupon sent for Marsden, and upbraided him in the presence of witnesses. Marsden said that as the Governor had ordered the punishment he did not suppose he cared if all the world knew that he had done so, Macquarie re- torted: ^*I do not care; but I care for your signature being put to the deposition. In doing so you have been guilty of mutiny, sedition, and other high crimes." Marsden replied that he had not drawn up the statement. He merely attested it. The Governor read a reprimand, .and desired the chaplain not to set foot again in Govern- lent House except on duty. Marsden desired to retire ^from office as a magistrate, but was not permitted to do so. At a later date, tliioldng his position lowered by the release of several prisoners sentenced hy himself and another magistrate at Parramattai Marsden sent a written resigna- tion, which was not noticed, but was followed by a copy of a public Order dispensing W'ith his services as a magistrate. Marsden applied for leave of absence. A letter to him I assigned as a reason for refusal that his absence w*on!d be ffraught with injury to the colony. To Lord Bathurst Macquarie explained (May 1818) that bethought Marsden's
- object was to co-operate in mahcious attacks*' upon
Macquarie' 8 measures. Before leaving the colou}^ Macquarie winged a shaft at Marsden which rankled long. In a letter to Lord Sidmouth, he accused him of severity as a magistrate, and of trafficking in spirits. The last charge was easily refuted. Marsden had never purchased any spirits for sale. He had, like other persons, exchanged wine and spirits for other commodities, and this had been done by previous Governors as well as by Macquarie. The first charge being vaguer was more elusory; but by commmon consent was
