Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, James to Pelham-Clinton, Henry Pelham Fiennes 3 March 1864, CO 305:22, no. 4049, 32.
Abstract
Despatch to London.
Minutes (7), Enclosures (untranscribed) (2), Other documents (1), Marginalia (1).
Douglas forwards a resolution, from the Legislative Assembly, that appoints to a
common law Barrister of certain standingthe position of Chief Justice of Vancouver Island and offers a retirement pension to Chief Justice Cameron. Cameron will resign as long as the pension is guaranteed by an Act of the Legislature. Douglas recommends this act and reports that a bill has been introduced. The Colonial Office minutes their debate over the legality of Cameron’s prior appointment and salary and the future of the office of Chief Justice given that the Vancouver Island legislature recently rejected the Civil List. This document includes a copy of a resolution passed by the Legislative Assembly, 15 February 1864.
No. 4, Legislative
I have the honor to forward herewith to Your Grace copy of a
Resolution of the Legislative Assembly of Vancouver's Island upon the
subject of the appointment of a common law Barrister of certain
standing to the Office of Chief Justice of this Colony, and offering,
in suchcase
case to provide a retiring pension for the present incumbent
of the office at the rate of Five Hundred pounds (£500) per Annum.
case to provide a retiring pension for the present incumbent
of the office at the rate of Five Hundred pounds (£500) per Annum.
2. I have called upon Mr Cameron, the present Chief Justice, to
state his views in respect of this matter as far as it affects
himself, and I enclose herewith copy of his reply, by which Your
Grace will perceive that Mr Cameron is willing to resign his office,
andto
to accept the pension offered him, provided it be secured to him
by an Act of the Legislature.
to accept the pension offered him, provided it be secured to him
by an Act of the Legislature.
3. I have therefore recommended the Legislature to pass such an Act,
so that all difficulties that might obstruct Your Grace in carrying
out the wishes of the Assembly at an early moment should be removed.
A Bill has accordingly been introduced and advanced a stage, and I
have no reason to suppose that it will not be carried.
In
4. In further relation to this matter it may be desirable that I
should mention that the Assembly has expressed a decided opinion
against the removal of Mr Cameron, except he be superseded by a
common law Barrister, who is not a Member of the
Judiciary or Bar of this Colony, or of British Columbia, and
it has been understood by the Assembly that Mr Cameron will not
resign until his Successor arrives fromEngland
England; the object of the
Assembly evidently being to avoid the possible contingency of a Chief
Justice, who as a member of the Bar in a small Colony like this, must
in the course of his practice have acquired an intimate acquaintance
with private and personal interests in general, and whose judgment,
in consequence, may be less sound than that of a person entering upon
the important and responsible position of Chief Justice, anentire
entire
Stranger to local jealousies and local interests.
England; the object of the
Assembly evidently being to avoid the possible contingency of a Chief
Justice, who as a member of the Bar in a small Colony like this, must
in the course of his practice have acquired an intimate acquaintance
with private and personal interests in general, and whose judgment,
in consequence, may be less sound than that of a person entering upon
the important and responsible position of Chief Justice, anentire
entire
Stranger to local jealousies and local interests.
Minutes by CO staff
Mr Elliot
The present Chief Justice receives £808 per ann. By the proposed Civil List arrangement (had it been accepted by the Assembly) a Salary of £800 is attached to the Office, to be increased to £1200 when a Lawyer
is appointed. It will probably be considered hazardous to
nominate any Barrister from this Country to the Office until
the Civil Establishments are placed upon a more permanent footing?
The present Chief Justice receives £808 per ann. By the proposed Civil List arrangement (had it been accepted by the Assembly) a Salary of £800 is attached to the Office, to be increased to £1200 when a Lawyer
is appointed. It will probably be considered hazardous to
nominate any Barrister from this Country to the Office until
the Civil Establishments are placed upon a more permanent footing?
VJ
30 April
Sir F. Rogers
We have every reason to believe both that it is highly desirable that Judge Cameron should retire, and also that he should be replaced by a well qualified Lawyer from this Country. I think that it is creditable to the patriotism and good sense of the local Assembly that they insist so much themselves upon this last condition.
We have every reason to believe both that it is highly desirable that Judge Cameron should retire, and also that he should be replaced by a well qualified Lawyer from this Country. I think that it is creditable to the patriotism and good sense of the local Assembly that they insist so much themselves upon this last condition.
But then there is the difficulty which Mr Jadis points out, that as
they have rejected the Civil List, we have no guarantee for the
salary of the future Chief Justice, and may create a grievance if we
send him out until that is secured. On the other hand the delay is
very undesirable. The question to be considered is whether we can
venture to send out a new Chief Justice in the hope that the Assembly
will not
disappoint us when they find their wish for an English
Lawyer gratified, or whether we must go through the long process of
writing out to them, extracting from them, if possible, a law placing
his income beyond risk, and then procuring and sending out the Judge.
The gain will be that we shall have a better hold over the Assembly
and not run any risk; the loss will be that Mr Cameron will be kept
for some time in Office after the arrival of the new Governor, a fact
which on account of personal reasons is not unlikely to embarrass his
proceedings, and to disturb the harmony of the new Administration.
disappoint us when they find their wish for an English
Lawyer gratified, or whether we must go through the long process of
writing out to them, extracting from them, if possible, a law placing
his income beyond risk, and then procuring and sending out the Judge.
The gain will be that we shall have a better hold over the Assembly
and not run any risk; the loss will be that Mr Cameron will be kept
for some time in Office after the arrival of the new Governor, a fact
which on account of personal reasons is not unlikely to embarrass his
proceedings, and to disturb the harmony of the new Administration.
TFE
30 April
Mr Jadis
I shd like to see the Act under wh Mr Cameron receives 800£ a year. From what source does he receive it?
I shd like to see the Act under wh Mr Cameron receives 800£ a year. From what source does he receive it?
The Act is an annual appropriation one. I annex that for the service
of 1862 [marginal note: 73 of/62]. The
"source" of Supply is the general revenue of the Colony.
Considering the uncomfortable position we are at present in with
respect to a Civil List in this Colony I think we had better not add
to the complication of the matter by having any peace meal
legislation on account of a Judge. To me this proceeding of the
Legislature appears rather an impertinent slap at the S.S. Within a
month of their rejection of the terms offered by the S.S. for
surrendering the Crown Revenue in exchange for a Civil List the
Legre readily finds £500 a year to pension off an (obnoxious) Judge,
knowing that they will necessarily afterwards have to vote a much
larger salary for his Successor. I really think that the safest
course for this Office to take is to Ack. the despatch and direct
Govr Kennedy to take the subject of it into his consideration in
connection with the Civil list question, and report his opinion to
the S.S. witht loss of time.
respect to a Civil List in this Colony I think we had better not add
to the complication of the matter by having any peace meal
legislation on account of a Judge. To me this proceeding of the
Legislature appears rather an impertinent slap at the S.S. Within a
month of their rejection of the terms offered by the S.S. for
surrendering the Crown Revenue in exchange for a Civil List the
Legre readily finds £500 a year to pension off an (obnoxious) Judge,
knowing that they will necessarily afterwards have to vote a much
larger salary for his Successor. I really think that the safest
course for this Office to take is to Ack. the despatch and direct
Govr Kennedy to take the subject of it into his consideration in
connection with the Civil list question, and report his opinion to
the S.S. witht loss of time.
ABd
2 May
Mr Fortescue
The salary (800£) is voted year by year, subject to the following proviso
Provided always that the sum aforesaid shall not be paid out
of or charged upon the General Revenue of the Colony until the entire
Revenue including the instalments due on Land, and the Public Lands
of the Colony are placed under the control of the Legislature.
The salary (800£) is voted year by year, subject to the following proviso
Provided always that the sum aforesaid shall not be paid out
of or charged upon the General Revenue of the Colony until the entire
Revenue including the instalments due on Land, and the Public Lands
of the Colony are placed under the control of the Legislature.
The Lands in V.C.I. have not been placed under the control of the
Legislature, and the annual payment of 800£ a year to Mr Cameron is
therefore really illegal. I do not think it wd be safe to make a
new appointment to an office of wh the salary is thus not only
dependent on the annual vote of the Legislature, but dependent on
their continued connivance of what
appears to be an illegal
practice.
appears to be an illegal
practice.
I should be inclined to write that the Secy of State could of course
have no objection to the proposed pension if it were quite clear that
it was the deliberate desire of the Assembly that such a pension shd
be paid
(It looks to me a little like a job) but that it would be plainly
impossible to expect that the Ch Justiceship wd be accepted by any
lawyer equal to the performance of its duties unless the S. of St.
were able to offer him a better security for the payment of his
salary than is afforded by the present law.
I would not say this, but take the Resolution of the Assembly as it
stands. I believe Mr Cameron has done his duty well—and he is only
superseded because the progress of the Colony renders a professional
judge necessary.
[CF]
FR
4/5
I agree.
CF
5
Write to V.C. Island that the arrangement proposed is one which
appears to be very well
worthy of adoption: but that the S.S. cannot propose to any member
of the Bar of England to go to V.C.I. until he has the means of
giving him a sufficient assurance that his office will have the
independent & permanent character which it is on public grounds so
desirable for him to have.
EC
6 May
Documents enclosed with the main document (not transcribed)
Copy, Resolution passed by the Legislative Assembly, 15 February 1864,
respecting the appointment of an English barrister to the chief
justiceship of the colony, and the pensioning of the present chief
justice, signed by J.S. Helmcken, speaker.
Copy, Chief Justice David Cameron to Colonial Secretary W.A.G. Young,
27 February 1864, stating his willingness to accede to the resolution
as soon as the terms were embodied in an Act and passed by the
Legislature.
