19 August 1865
In my despatch No. 40 of the 18th Instant I have answered your Despatch relating to the recent malpractices in the Probate Court. I do not find in that Despatch and its enclosures any such specific charge against the Chief Justice as would render it possible for me to instruct you to refuse to accept his resignation with a view to his suspension, or [demotion]. Under the act of the Assembly, therefore, for the appointment of his successor, who has already sailed for Vancouver Island,Manuscript image the Chief Justice will be entitled, I conceive to claim his pension. If circumstances should hereafter enable you to produce complete proof of grave misconduct on his part, it will be a proper question for consideration whether that misconduct is sufficient to justify the withdrawal of the Pension. To this end the action of the Legislature would be necessary.
I have, etc.
Edward Cardwell
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Cardwell, Edward

Kennedy, Arthur

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Vancouver Island