No. 57
4th August 1866
Referring to my Despatches named in the margin
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No 38, 15th June 1865.
No 43, 26th June 1865.
on the subject of irregularities and defalcations in the Probate Court prior to my assuming the Government of this Colony, I have the honor to inform you that I furnished full and explanatory Returns to the Legislative Assembly on the 9th March 1866 embodyingaManuscript image a particular statement of all the unclosed and unbalanced accounts of that Department.
Though these Returns were furnished in compliance with a Resolution of the Legislative Assembly at a cost of $400 for their compilation, no action has up to this time been taken, and I have reason to believe that none will be taken during the existence of the present Legislative Assembly.
Circumstances may and probably will arise necessitating furtherinvestigationManuscript image investigation but at present and under the peculiar circumstances of this case I think it would be inexpedient for me to pursue the subject.
I have the honor to be,
Your most obedient Servant
A.E. Kennedy
Minutes by CO staff
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Mr Elliot
Acknowledge. There is nothing we can do to purify this Court. The remedy is with the Colony.
ABd 18 Sep
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Vancouver certainly affords as striking an example as I can remember of the abuses of Representative Institutions when they are conferred upon a Community too small, and of too inferior a stamp, to be fit for that form of Govt. The original Settlers of South Australia wisely got it provided by Act of Parliament that they would not have a popular Assembly until their numbers were sufficient to constitute a people.
TFE 18 Sepr
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I think it was the antecedents, & nature of this Community not its smallness that caused failure. Our N. American settlement had free Legislatures from their outset—all the freemen at first. Representation afterwards when ns increased.
CBA 19/9
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Merely acknowledge.
C 21 Sep/66
Other documents included in the file
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Draft reply, Carnarvon to Kennedy, No. 12, 29 September 1866.