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 constructionofManuscript image 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.
I have the honor to be
My Lord Duke
Your Graces very obedient
humble Servant
A.E. Kennedy
Governor
Minutes by CO staff
Manuscript image
Mr Elliot
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. wasManuscript image 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.
FR 29/6
EC 8 July
Other documents included in the file
Manuscript image
Draft reply, Cardwell to Kennedy, No. 18, 11 July 1864.
Kennedy, Arthur to Pelham-Clinton, Henry Pelham Fiennes 12 May 1864, CO 305:22, no. 6012, 220. The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.2, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/V64124.html.

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