Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Kennedy, Arthur to Pelham-Clinton, Henry Pelham Fiennes 12 May 1864, CO 305:22, no. 6012, 220.
Abstract
Despatch to London.
Minutes (3), Other documents (1).
Kennedy urges the retirement of Chief Justice Cameron. Kennedy states that he cannot make necessary changes to the Courts of Justice as long as
he has
a Chief Justice and Attorney General whose united cooperation [Kennedy] cannot expect.Blackwood minutes his observation that it is
impossibleto appoint a lawyer from England given the
uncertain terms of salary.Rogers minutes his, stating that
Governor Kennedy loses no time in complaining of his tools. There is not much to be done on a general allegation that the Ch. Justice and Attorney General quarrel—which they constantly do, & perhaps to a certain extent ought to do for the public good.
No. 24
12th May 1864
My Lord Duke,
Referring to my Predecessor's despatch No. 4, dated 3rd March 1864,
on the subject of the appointment of a Chief Justice for Vancouver
Island, I have the honor to state that my short experience in the
Administration of the Government of this Colony, has strongly
impressed me with the necessity of changes in the Courts of Justice,
which it would be fruitless to originate while I have a Chief Justice
and Attorney General whose united cooperation I cannot expect.
2. These Gentlemen differ toto coels on points of Law and the
constructionof
of Local Acts, and various proceedings which have come
under my notice render it too obvious that there is a want of moral
weight or legal knowledge on one, or both sides, which is detrimental
to the public interests and unfavorable to public confidence in the
administration of the Law.
of Local Acts, and various proceedings which have come
under my notice render it too obvious that there is a want of moral
weight or legal knowledge on one, or both sides, which is detrimental
to the public interests and unfavorable to public confidence in the
administration of the Law.
3. I would therefore beg for an early decision upon the question
submitted in my Predecessor's despatch, as I think Mr Cameron's
retention of Office, or retirement from the Public Service ought not
to be left in doubt longer than absolutely necessary.
Minutes by CO staff
Mr Elliot
It is impossible to appoint a Lawyer from this Country on the uncertain terms of salary indicated in 4049, which see.
It is impossible to appoint a Lawyer from this Country on the uncertain terms of salary indicated in 4049, which see.
On the receipt of Mr Cardwell's despatch of the same date as this
Governor Kennedy will better know how to shape his proceedings for
fixing the emoluments of the C. Just. than he did when writing this.
Mr Carey [Cary] the Atty Genl of V.C.I. was
strongly recommended
to this Office by Sir H. Cairns, & was appointed solely on account of
his professional & general eligibility. I shd not think he is the
one wanting in legal knowledge.
strongly recommended
to this Office by Sir H. Cairns, & was appointed solely on account of
his professional & general eligibility. I shd not think he is the
one wanting in legal knowledge.
ABd
28 June
TFE
28/6
Governor Kennedy loses no time in complaining of his tools. There is
not much to be done on a general allegation that the Ch. Justice and
Attorney General quarrel—which they constantly do, & perhaps to a
certain extent ought to do for the public good.
Ansr by referring to dph No 4 of 12th of May.
