Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, James to Labouchere, Henry 28 July 1857, CO 305:8, no. 8557, 117.
Abstract
Despatch to London.
Minutes (2), Enclosures (untranscribed) (3), Other documents (3).
Douglas forwards the “Rules of Practice” for the “Supreme and Inferior or Summary Courts
of Civil Justice of Vancouver’s Island” for “Her Majesty’s final approval or disallowance.” Douglas requests “the amount of salary: for David Cameron and how to “draw payment” for it as it is needed for the “support of himself and
family.”
The minutes conclude that they did not presume the British government would pay Cameron’s salary. They assumed the HBC would pay for his appointment.
Enclosed is a draft from Fortescue to Shepherd forwarding an “extract” of the despatch concerning Cameron’s salary and advising that the government was not prepared to provide the desired
funds; two draft replies from Labouchere to Douglas regarding the “Rules of Practice” and Cameron’s salary; “Rules of Practice for the Inferior Court of Civil Justice of Vancouver’s Island” signed by Cameron; “Rules for the Supreme Court of Civil Justice of Vancouver’s Island” also signed by Cameron; and a draft by Cameron of both “Rules” with explanation.
No. 25
1. I have the honor of forwarding herewith copy of a
communication, accompanying the Rules of Practice for the "Supreme and
Inferior or Summary Courts of Civil Justice of Vancouver's Island,"
which I have this day received from Chief Justice Cameron, and now
transmit forHer
Her Majesty's final approval or disallowance.
Her Majesty's final approval or disallowance.
2. The Rules of the Supreme Court passed the Council without
amendment, on the 17th day of February last, as stated in my Despatch
of the 24th of that month; but the Rules of the Inferior or Summary
Court, having been only this day completed, have not been yet laid
before the Council, and are nevertheless forwarded for the reason that
there is a safe and free conveyance today by the Hudson's Bay Company's
Steamer "Otter" to San Francisco, which will greatly lessen the postage
charge on this packet, and there is moreover no reason to suppose that
the Council will consider it necessary to alter or amend them.
3. I
3. I take this opportunity of requesting you to inform me, of the
amount of salary or emolument which Mr Cameron is annually to receive
from Her Majesty's Government, for his services as Chief Justice, and to
direct how I am to draw for payment of the same.
4. May I trust that Her Majesty's Government will take that matter
into their early and favorable consideration, as Mr Cameron is
clearly a zealous and most useful public servant, and having no private
fortune of his own, he naturally looks to his profession for the support
of himself and family.
The Right Honble Henry Labouchere Esqre
Her Majesty's principal Secretary of State
For the Colonial Department.
Her Majesty's principal Secretary of State
For the Colonial Department.
Minutes by CO staff
There is nothing in the terms of the appointment of Mr Cameron
to be Chief Justice of V. Couver's Island, or in the circes which led to
his nomination to that Office, to justify the presumption that H.M.
Govt intended to give him a salary. I apprehend we concluded that,
as a matter of course, such Salary wd be paid by the Hudson's Bay
Company: or by the appropriation of the recently convened Legislature.
When Mr Cameron was appointed by the Govr Judge of the Supreme
Court in 1854, the Governor provided him with a Salary of 100 a year.
See Mr Douglas' desph 3206 of /54.
ABd
15 Sepr
Rules to Sir F Rogers in the first instance.
HM
S 15
Other documents included in the file
Draft, Fortescue to John Shepherd, Hudson's Bay Company, 21 October 1857, forwarding extract of the despatch concerning Cameron's salary and
advising that the government was not prepared to provide the desired
funds.
Draft reply, Labouchere to Douglas, No. 14, 6 November 1857.
Documents enclosed with the main document (not transcribed)
1. Rules of Practice for the Inferior Court of Civil Justice of
Vancouver's Island, dated 6 February 1857 and signed by David Cameron.
2. Rules for the Supreme Court of Civil Justice of Vancouver's
Island, dated 12 February 1857 and signed by Cameron.
3. Chief Justice Cameron to Douglas, 27 July 1857, enclosing a
draft of rules for the Inferior Court of Civil Justice and for
the Supreme Court of Vancouver Island as published 18 February, with
explanation.