No. 19, Legislative
24th March 1865
Sir
Referring to my Despatch No 103, 6th December 1864, and in reply to your Despatch No 1, 2nd January 1865, I have the honor to draw your attention to the Act of the Local Legislature providing a salary for the Chief Justice which does not appear to come within the meaning of "securing a permanent salaryforManuscript image for a Chief Justice" of this Colony but provides only for the successor of Chief Justice Cameron.
I have the honor to be,
Sir,
Your most obedient Servant
A.E. Kennedy
Governor
Minutes by CO staff
Manuscript image
Mr Parker
If you have the correspondence referred to wd you be so good as to pass it to Sir F. Rogers with this despatch.
ABd 27 May
Sir F. Rogers
The correspondence is annexed.
CSP 27
I do not think that this signifies. The great point is to secure that Mr Cardwell is able to offer a permanent income to his appointee.
When the office is likely to become vacant the Legislature will be under the necessity of making fresh provision.
I should answer that it will of course be necessary for the Legislature to make permanent as distinct from an annual provision for the successor of the C.J. now to be apped when that officerManuscript image vacates his appointment, but the Act now forwarded sufficiently fulfils the condition required by Mr Cardwell wh was to secure that Mr Cameron's successor shd not be sent out to an uncertainty.
FR 27/5
CF 30
EC 31
Other documents included in the file
Manuscript image
Draft reply, Cardwell to Kennedy, No. 30, 9 June 1865.
Minutes by CO staff
Sir F. Rogers
As the Act of the Lre granting a salary of £1200 to the Chief Justice has not recd the Govr's assent, & consequently has not been confirmed by the Queen in Council; and further as in consequence of Mr Cardwell's desph of the 17 April last it is possible that an amending Act may be passed are we safe in nominating a Lawyer from this Country to the Chief Justiceship? I scarcely think the Legre can back out from their undertaking. Still they are such queer people there than until the Act has been assented to by the Govr & been confirmed by the Queen I should not, I think, like to recommend a man to go out to the Colony. I see—from the Minutes—that you consider the engagement as to salary as it now stands, more of a certainty than I am able to do.
ABd 2 June
The Act is perfectly clear, if the Governor has assented to it wh I assume he has. But to make this [clear] I have added a sentence to the dph & drafted a confidl dph sending him the L.O.'s opinion.
Other documents included in the file
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Manuscript image
Draft reply, Cardwell to Kennedy, Confidential, 9 June 1865.
Kennedy, Arthur to Cardwell, Edward 24 March 1865, CO 305:25, no. 5152, 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/V65019.html.

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