I find among the papers in the Governor's office at
               
Victoria, 
M Secretary Cardwell's despatch No. 69 of 
1
                  December 1865 which would appear not to have been acted
on
 on in any
               way. 
M Kennedy had recommended that a Law should be passed
               dispensing with unanimity in a Jury in Criminal Cases. 
M
                  Cardwell states that he will be prepared to submit for Her Majesty's
               sanction a Law passed for this object if that Law is otherwise
               unobjectionable.
               
               2. I am not aware that the present law has worked badly. I
               referred the matter for the consideration of 
M Needham,
               late Chief Justice
of
 of 
Vancouver Island, of 
M Begbie, Judge of
               the Court of 
British Columbia, and of 
M Crease, the Attorney
               General. Your Lordship will observe that all these are against
               
M Kennedy's suggested alteration. Under these circumstances
               I shall not move in the matter without further instructions.