I have the honor to acknowledge the receipt of your Despatch, No.
16, of the 4th of March accompanied by a Petition to the Queen, with
other documents, from Dr. Dickson on the subject of his removal from the
Office of Coroner.
I have also received your Despatch, No. 17, of the 6th of March
enclosing an Address to the Queen from the House of Assembly praying
that the order which purports to revoke the Commission of Dr. Dickson
as Coroner may be disallowed.
Dr. Dickson alleges in his Petition that the appointment of Coroner
is irrevocable, except on certain conditions which have not been
fulfilled in his case, and prays that the Queen may be pleased to
disallow the Mandate under which it is sought to deprive him of his
Warrant as Coroner. I do not apprehend that the appointment made by
Governor Douglas confers on Dr. Dickson the irrevocable interest which
he claims; and I see no reason to doubt that the proposed change in the
mode of performing the duties is for the public benefit.
You will therefore inform Dr. Dickson that I have been unable to
advise that Her Majesty should comply with the prayer of his Petition.
You will also inform the House of Assembly that I have duly laid
their Address before the Queen, but that for the reasons I have above
stated it was not in my power to recommend Her Majesty to accede to the
prayer of it.
It may be convenient to point out to you that the Appointment of
Coroner appears to have been made by virtue of that Clause in Governor Douglas's Commission which empowers him to appoint Judges, Commissioners
of Oyer and Terminer, Justices of the Peace, and other necessary
Officers and Ministers, but it does not appear that Sir James Douglas
observed the condition contained in the same clause that such
appointments should be made with the advice of his Council, nor the
further direction in the 26th Clause of the Royal Instructions that they
should be made during Her Majesty's pleasure only.
I have the honor to be
Sir,
Your most obedient servant Edward Cardwell
Governor Kennedy, C.B.
Other documents included in the file
"Extract of a Warrant to prepare Letters Patent under the Great Seal for appointing
Richard Blanshard, Esquire, to the Governor and Commanders in Chief of Vancouver Island and its Dependencies," no date.
"Extract of Instructions to Richard Blanshard, Esquire, as Governor and Commanders in Chief of Vancouver Island and its Dependencies, or in his absence to the Lieutenant Governor in Office Administering
the Government of said Island and its Dependencies for the time being," no date.