49 St Pauls Road
Camden Square N.W.
June 5 1862
My Lord Duke
I have the honor to acknowledge the receipt of a letter from
Mr
Fortescue of the
31st ulto, in which he states that, any charges
that I had to prefer against the Administration of Justice in
Vancouvers Island ought to have been brought forward in the Colonial
Legislature or transmitted through the Governor; in reply to these
remarks I beg to state that from the peculiar composition of the
small Legislative Assembly of
Vancouver's Island an appeal to that
body would have been futile and that from the connection of
Mr Good
and
Mr Cameron with the Governor I felt that an application to his
Excellency would have been also useless.
Mr Fortescue remarks in his letter that my Statements are imperfect,
I must observe that, from the singular nature of those statements and
the position of the persons that they affect, it could scarcely be
expected that a complete chain of evidence could be produced in
England, but as regards the unfitness of
Mr Cameron and the
impropriety of confiding the Supreme Judicial authority to his hands
I did think that the copies of the letters from the Sheriff-Clerk at
Perth and
the Registrar of the Supreme Court in Demerara would have
been considered as fairly conclusive. I herewith give the simple
facts regarding the
Chief Justice Mr Cameron which facts can be
proved by persons now living in this country;
Mr Cameron is a man of
obscure origin with no legal education whatsoever and a very
imperfect general one, he was an uncertificated Bankrupt in Scotland
and was sometime afterwards discharged as an Insolvent debtor in
Demerara shortly before arriving in
Vancouver Island. But for the
impropriety of such a person as
Mr Cameron holding such a high and
responsible office, it is extrmely unlikely that I should ever have
had to try such grievances before Your Grace.
I can most unhesitatingly assert
that the purity of Justice has been
entirely overthrown in
Vancouvers Island, rendering the proceedings
in the Law Courts in the Colony the theme of scorn and derision among
the colonists as also throughout the American Territories in the
Pacific.
I have felt disappointed at the delay that has taken place in
instituting even the preliminary enquiries now about to be made, the
treatment that I received at
Vancouver having been for me fraught
with serious loss and inconvenience.
It is important for me to remark that no allusion to
Mr Cary the
Attorney General of
Vancouvers Island as made by
Mr C. Fortescue,
the charge
against against
Mr Cary is, that he committed a fraud in his
professional capacity—and from which I know that he could not
exculpate himself before a qualified and impartial Judge.
Minutes by CO staff
Mr Elliot
The charge ag
t the Attorney
Genl is that he made out "a bill of
Costs containing items of payment which had never in fact been made."
(See
Mr Langford's letter of
18 June/61. The Attorney General
will, as a matter of course, be called upon by the Governor to
explain this charge.
As regards
Mr L. alleged disappointment at the delay in instituting
"the preliminary enquiries" I have only to refer to my own minute, &
that written by the
Duke of Newcastle on 5078. I
wd probably be
admissable to let
Mr L. understand that the cause of the delay
rested with
Mr Fitzwilliam & himself.
To me it is obvious that besides a desire to procure compensation an
intense vindictive feeling animates
Mr Langford.
Sir F. Rogers
As this is a case which you have dealt with, I forward the present
letter from
Mr Langford at once to you.
Mr Fortescue
I would simply acknowledge the receipt of this letter and state that
a copy of it as of all
Mr L's previous communications had been
forwarded to the
Govr for his report, & so forward it.
It might be added that in the transactions in which this office was
concerned, it was generally found that great and unnecessary delay
was the consequence of initiating charges against public officers
in
this country when these officers were not present to defend
themselves.
But it is probably better to give no occasion for altercation.
I think so—& wd answer without the addition.
Other documents included in the file
Fortescue to
Langford,
21 June 1862, acknowledging receipt of
his letter and advising it had been forwarded to the governor for
report.
People in this document
Blackwood, Arthur Johnstone
Cameron, David
Cary, Attorney General George Hunter
Douglas, Sir James
Elliot, Thomas Frederick
Fitzwilliam, Charles William
Fortescue, 1st Baron Carlingford Chichester
Good, Charles
Langford, Edward Edwards
Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes
Rogers, Baron Blachford Frederic
Places in this document
Vancouver Island