Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Hobart to Cardwell, Edward 8 September 1864, CO 60:19, no. 10600, 145.
Abstract
Despatch to London.
Minutes (2), Other documents (1).
Seymour acknowledges receipt of a circular stating that if any Chief Justice who has a commission
from the Admiralty relinquishes their
Colonial Judicial Appointmentthen they must also
surrendertheir commission as
Judge of the Vice Admiralty Court.Seymour reminds Cardwell that his predecessor, Douglas, held this position but Seymour has not.
No. 36
8th September 1864
Sir,
I have had the honor to receive your circular despatch
No. 2 of the 30th of June directing me to take care that
when any Chief Justice or other Judge holding a direct
Commission from the Admiralty may relinquish his Colonial
Judicial Appointment, he should also surrender his Commission
as Judge of the Vice Admiralty Court. The samerule
rule is to apply to
Officers holding appointments from the Admiralty as Registrars
and Marshals of that Court.
rule is to apply to
Officers holding appointments from the Admiralty as Registrars
and Marshals of that Court.
2. Your orders shall of course be obeyed, but your despatch
reminds me that my predecessor, Sir James Douglas, holds the
only Commission issued for a Vice Admiral of this Colony. I
have received none.
Minutes by CO staff
Mr Elliot
I think that this Dispatch may be answered by referring Mr Seymour to the 3rd Sec of the Vice Admiralty Courts Act which was sent to him in the Circular Dispatch now acknowledged which provides that in a vacancy occurring in the Office of Vice Admiral the Governor of the Colony for the time being ex Officio assumes the Office of V. Admiral and observe that that provision of the Act supersedes the necessity of granting Commission in any specific case: Add that in order that there should be no doubt as to the Office of V. Admiral having duly become vacant, Sir J. Douglas was requested on his retirement from the Govt of Bh Columbia to resign the Appointment; which he formally did and that he was requested to take measures for recovering the Commission of V. Admiral which had been granted to him and which he represented that he had left in the Colony. If it should be still in Mr Seymour's hands it will be desirable that he should return it to this Office in order to prevent the existence of two distinct authorities bearing on the same point.
I think that this Dispatch may be answered by referring Mr Seymour to the 3rd Sec of the Vice Admiralty Courts Act which was sent to him in the Circular Dispatch now acknowledged which provides that in a vacancy occurring in the Office of Vice Admiral the Governor of the Colony for the time being ex Officio assumes the Office of V. Admiral and observe that that provision of the Act supersedes the necessity of granting Commission in any specific case: Add that in order that there should be no doubt as to the Office of V. Admiral having duly become vacant, Sir J. Douglas was requested on his retirement from the Govt of Bh Columbia to resign the Appointment; which he formally did and that he was requested to take measures for recovering the Commission of V. Admiral which had been granted to him and which he represented that he had left in the Colony. If it should be still in Mr Seymour's hands it will be desirable that he should return it to this Office in order to prevent the existence of two distinct authorities bearing on the same point.
GG
19 Nov
Draft.
TFE
19/11
Other documents included in the file
Draft reply, Cardwell to Seymour, Separate, 24 November 1864, describing the arrangement with Douglas regarding his appointment to the Vice Admiralty and requesting that if the
instrumentof Douglas’s appointment is in Seymour’s possession it is desirable that Seymour returns it to the Colonial Office.