No. 86
19th October 1864
Sir
I have the honor to transmit a copy of Resolutions passed by the Legislative Assembly of this Colony relative to the appointment of a Chief Justice together with a copy of my Message in reply thereto.
A Bill to make permanent provision for the salary of this officer has been introduced and will doubtless pass the LegislativeAssemblyManuscript image Assembly, but I am unable to say whether it will be adopted in its present form by the Legislative Council.
It is proper for me to remark that though the Legislative Assembly has been in Session for days the subject of a Civil List or Crown Lands has not been yet taken up though prominently brought under the notice of the Legislature in my opening speech as communicated to you in my Despatch No 54 dated 16th August 1864.
TheManuscript image
The course adopted by the Legislative Assembly in dealing with a part of the Civil List question only is in my opinion inconvenient and unsatisfactory but as much importance is attached by the Assembly to the transmission of these Resolutions I send them accordingly.
I have the honor to be,
Sir,
Your most obedient Servant
A.E. Kennedy
Governor
Minutes by CO staff
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Mr Elliot
The Assembly have passed a "Resolution" pledging themselves to vote £1200 a year as a Salary for a Chief Justice whenever a Member of the English Bar shall be appointed. The Governor shows in his address to the House that a Resolution cannot be considered a "Permanent act of the Legislature" & would not, he apprehends, justify the S of S. in making the required appointment.
VJ 19 Decr
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Sir F. Rogers
If we were sure that a Bill embodying the Resolution would follow, that might seem at first sight a reason for suspending our answer. But I do not think that this would be advisable. As the fate of the Bill is reported to be uncertain, and as the Assembly itself is anxious for an early transmission of it's Resolution, I think that the expedient course is to send out at once an answer showing the views of H.M's Govt.
I should ackge the Governor's despatch, and should say that as soon as an Act shall arrive securing permanently the payment of the intended salary to the Chief Justice, Mr Cardwell will lose no time in selecting a Member of the English Bar, as described in theResolutionManuscript image Resolution of the Assembly, to fill this Office.
I should also say that Mr Cardwell trusts that it will not be long before the Governor will find himself in a position to forward from the Legislature a proposal to grant a suitable Civil List, in consideration of receiving a surrender of the Crown Lands.
There have been reports recently, I think, of a discovery of gold in Vancouver Island. If the Legislature dally much longer, I presume that in the absence of a cession of the Crown Lands, any revenue derived from the Gold Fields will belong to the Crown?
TFE 21 Decr
Write.
It mt however be worth while to begin looking out for the man.
FR 21/12
CF 22
EC 27
Documents enclosed with the main document (not transcribed)
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Resolutions passed in the Legislative Assembly concerning the appointment of a Chief Justice, dated 15 February and 7 October 1864.
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Kennedy to the Speaker and Members of the Legislative Assembly, newspaper clipping dated 10 October 1864, advising that while the resolutions would be forwarded to the Colonial Office, a permanent act had to be passed before any appointment could be made.
Other documents included in the file
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Draft reply, Cardwell to Kennedy, No. 1, 2 January 1865.
Kennedy, Arthur to Cardwell, Edward 19 October 1864, CO 305:23, no. 11618, 381. 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/V64186.html.

Last modified: 2020-12-02 13:40:34 -0800 (Wed, 02 Dec 2020) (SVN revision: 5008)