Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, Sir James to Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes 14 February 1863, CO 305:20, no. 3701, 83.
Abstract
Douglas, Sir James to Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes 14 February 1863, CO 305:20, no. 3701, 83.
Despatch to London.
Minutes (7), Enclosures (untranscribed) (4), Other documents (1).
No. 5
14 February 1863
My Lord Duke,
Referring to that part of Your Despatch of the 2nd June 1862 No 101
which relates particularly to Mr Cameron, the Chief Justice of this
Colony, and to his antecedents as brought to Your Grace's notice by
MrE.E.
E. Langford, I have the honor to transmit herewith to Your Grace
copy of a communication from Mr Cameron detailing matters connected
with his early history, and rebutting Mr Langford's representations
that he was an uncertified Bankrupt prior to his coming to
Vancouver's Island.
E. Langford, I have the honor to transmit herewith to Your Grace
copy of a communication from Mr Cameron detailing matters connected
with his early history, and rebutting Mr Langford's representations
that he was an uncertified Bankrupt prior to his coming to
Vancouver's Island.
2. The Documents which I forward in my other Despatches of this date
Nos 3 and 4, as well as those which weretransmitted
transmitted in my Despatch
No 14 of the 23rd March 1860 relating to another serious complaint
of Mr Langford's, when placed in contrast with Mr Langford's
statements and accusations, do, I think, lead to the inevitable
conviction that Mr Langford is a person wholly unworthy of credence,
and one who is principally actuated in these representations against
Mr Cameron by malevolent feelings engendered through his having been
very properly, although apparently tooleniently
leniently punished by Mr
Cameron for gross contempt of court.
transmitted in my Despatch
No 14 of the 23rd March 1860 relating to another serious complaint
of Mr Langford's, when placed in contrast with Mr Langford's
statements and accusations, do, I think, lead to the inevitable
conviction that Mr Langford is a person wholly unworthy of credence,
and one who is principally actuated in these representations against
Mr Cameron by malevolent feelings engendered through his having been
very properly, although apparently tooleniently
leniently punished by Mr
Cameron for gross contempt of court.
3. Under such circumstances it would not be necessary for me to
accompany Mr Cameron's statement with further remark, but as Your
Grace desires to know whether Mr Cameron's antecedents were known
to me at the time of his appointment, and at the same time expresses
an opinion that the period is approaching when it will be necessary
that Vancouver's Island should receive the servicesof
of a professional
Judge, it becomes incumbent upon me to review the circumstances under
which Mr Cameron became the Chief Justice of this Colony.
of a professional
Judge, it becomes incumbent upon me to review the circumstances under
which Mr Cameron became the Chief Justice of this Colony.
4. In my Despatch of the 7h January 1854 No 2, I represented to
Your Grace that in consequence of the inexperience of the
Magistrates, and of certain irregularities in the proceedings of
their Court, it was found requisite to limit their jurisdiction in
civil cases, andin
in order to provide for the wants of the Colony, to
constitute a Supreme Court of Civil Justice. I selected to be the
provincial Judge of that Court, Mr David Cameron, who was
undoubtedly the most fitting person I could obtain for that position,
he being a man of good business habits, of liberal education, some
legal knowledge, and what was equal to all possessed of a more than
ordinary amount of discretion and common sense. I would beg YourGrace
Grace to note that Mr Langford was then, the Senior Magistrate in
the Colony, and it is not unnatural to assume from subsequent events
that Mr Langford, forming his own Estimate of himself, must have
viewed Mr Camerons appointment to a superior position with much
jealousy and heart-burning. And I may as well here state that I
selected Mr Cameron in preference to Mr Langford, because an
experience of nearly three years had shown methat
that Mr Langford was
singularly deficient in judgement, temper and discretion, and was
much inferior both in legal and general knowledge to Mr Cameron. At
the time I selected Mr Cameron I was but very imperfectly acquainted
with his early history, and had no knowledge of the circumstances of
his having twice failed in business. My knowledge of him extended to
the fact that he had given up the management of a largeSugar
Sugar Estate
in Demerara, where he was living in the enjoyment of every comfort,
to accept an appointment in Vancouver's Island, offered to him by Mr
Colvile, then Governor of the Hudson's Bay Company, principally
induced thereto by the opportunity it afforded him to seek a more
temperate climate, to benefit the failing health of his wife, since
deceased.
in order to provide for the wants of the Colony, to
constitute a Supreme Court of Civil Justice. I selected to be the
provincial Judge of that Court, Mr David Cameron, who was
undoubtedly the most fitting person I could obtain for that position,
he being a man of good business habits, of liberal education, some
legal knowledge, and what was equal to all possessed of a more than
ordinary amount of discretion and common sense. I would beg YourGrace
Grace to note that Mr Langford was then, the Senior Magistrate in
the Colony, and it is not unnatural to assume from subsequent events
that Mr Langford, forming his own Estimate of himself, must have
viewed Mr Camerons appointment to a superior position with much
jealousy and heart-burning. And I may as well here state that I
selected Mr Cameron in preference to Mr Langford, because an
experience of nearly three years had shown methat
that Mr Langford was
singularly deficient in judgement, temper and discretion, and was
much inferior both in legal and general knowledge to Mr Cameron. At
the time I selected Mr Cameron I was but very imperfectly acquainted
with his early history, and had no knowledge of the circumstances of
his having twice failed in business. My knowledge of him extended to
the fact that he had given up the management of a largeSugar
Sugar Estate
in Demerara, where he was living in the enjoyment of every comfort,
to accept an appointment in Vancouver's Island, offered to him by Mr
Colvile, then Governor of the Hudson's Bay Company, principally
induced thereto by the opportunity it afforded him to seek a more
temperate climate, to benefit the failing health of his wife, since
deceased.
5. In reporting the appointment of Mr Cameron in my Despatch No 2
of the 7 January 1854, Istated
stated that he was not a professional
Lawyer, that he had accepted the appointment solely at my request,
and only until a Law Officer could be appointed, a measure which I
solicited might be early carried into effect. And in my Despatch No
42 of the 11h December 1854, in reporting upon a Memorial addressed
to Your Grace upon the subject of Mr Cameron's appointment, I again
observed that if Her Majesty's Government thought the appointmentof
of
Mr Cameron improper, I had no wish to retain him in the position,
and I requested that a Judge might be sent out from England. I would
remark that this same Memorial was the production of a small but
violent political clique, with whom were prominently connected Mr Langford and Mr James Cooper, the present Harbour Master of British
Columbia; the particular grievance of the latter against my
Government being that the sale of ardent Spirits withouta
a Licence
had been prohibited, and that he, being a Member of the Council,
having become a retail vendor of spiritous Liquors, I had brought
the matter to the notice of the council, and expressed my opinion
that such proceedings were improper and derogatory to the dignity of
the Council.
stated that he was not a professional
Lawyer, that he had accepted the appointment solely at my request,
and only until a Law Officer could be appointed, a measure which I
solicited might be early carried into effect. And in my Despatch No
42 of the 11h December 1854, in reporting upon a Memorial addressed
to Your Grace upon the subject of Mr Cameron's appointment, I again
observed that if Her Majesty's Government thought the appointmentof
of
Mr Cameron improper, I had no wish to retain him in the position,
and I requested that a Judge might be sent out from England. I would
remark that this same Memorial was the production of a small but
violent political clique, with whom were prominently connected Mr Langford and Mr James Cooper, the present Harbour Master of British
Columbia; the particular grievance of the latter against my
Government being that the sale of ardent Spirits withouta
a Licence
had been prohibited, and that he, being a Member of the Council,
having become a retail vendor of spiritous Liquors, I had brought
the matter to the notice of the council, and expressed my opinion
that such proceedings were improper and derogatory to the dignity of
the Council.
6. The circumstances of the provisional appointment of Mr Cameron
must have been duly weighed by the Secretary of State, and I presume
a favorable estimate arrived at of his abilitiesand
and fitness for the
office, for by Mr Labouchere's Despatch No 8 of the 26h April 1856, referring to my Despatch of the 7h January 1854, and to the
correspondence which had subsequently passed on the subject of the
establishment of a Supreme Court of Civil Justice, I was informed
that Mr Cameron would be appointed Chief Justice and a Warrant for
that purpose under the Royal Sign Manual was forwarded to me in
Despatch No 9 of the 5 May 1856.
and fitness for the
office, for by Mr Labouchere's Despatch No 8 of the 26h April 1856, referring to my Despatch of the 7h January 1854, and to the
correspondence which had subsequently passed on the subject of the
establishment of a Supreme Court of Civil Justice, I was informed
that Mr Cameron would be appointed Chief Justice and a Warrant for
that purpose under the Royal Sign Manual was forwarded to me in
Despatch No 9 of the 5 May 1856.
7. In consequence thereof Mr Cameron abandoned his employment under
the Hudson's Bay Company and devoted himself, as I can testify from
actual knowledge, with the most untiring assiduity to the duties of
his office.
8. On the 28 July 1857, in my Despatch No 25, I requested
instructions as to the amount and payment of the Salary to be
assigned to Mr Cameron as Chief Justice of the Supreme Court. In reply I was informed by the Secretary of
State's Despatch No 14of
of the 6h November 1857, that the matter had been referred to the
Hudson's Bay Company, with whom the decision was considered to rest.
Mr Cameron however continued to receive no larger Salary that that
attached to the office in 1853, viz: One Hundred pounds (£100) per
Annum until the 8h August 1860, when a Salary of Eight Hundred
pounds (£800) per Annum, payable from the Land Revenues of the
Colony, was fixed by the Local Legislaturefor
for the Chief Justice.
of the 6h November 1857, that the matter had been referred to the
Hudson's Bay Company, with whom the decision was considered to rest.
Mr Cameron however continued to receive no larger Salary that that
attached to the office in 1853, viz: One Hundred pounds (£100) per
Annum until the 8h August 1860, when a Salary of Eight Hundred
pounds (£800) per Annum, payable from the Land Revenues of the
Colony, was fixed by the Local Legislaturefor
for the Chief Justice.
9. The foregoing is a statement of the circumstances under which Mr
Cameron became the Chief Justice of Vancouver's Island. It will be
seen that he was originally selected by me on account of his being
the only person near to me to whom I could with safety entrust the
duties of a most responsible office; that I solicited that he might
speedily be relieved from those duties by a professional Judge; that
HerMajesty's
Majesty's Government thought it desirable to retain Mr Cameron
in the Office in which I had provisionally placed him; and not only
so, but, unsolicited, to elevate him to the higher and more
responsible Office of Chief Justice; and I can most conscientiously
say that during the period Mr Cameron has discharged these
responsible duties, I am not aware of one single act which would show
his appointment to have been unwise or inexpedient. On the contrary
his high integrity, his
firmness, discretion, and sound common sense,
coupled with the most even temper and amiable manners have been a
source of much satisfaction to me.
Majesty's Government thought it desirable to retain Mr Cameron
in the Office in which I had provisionally placed him; and not only
so, but, unsolicited, to elevate him to the higher and more
responsible Office of Chief Justice; and I can most conscientiously
say that during the period Mr Cameron has discharged these
responsible duties, I am not aware of one single act which would show
his appointment to have been unwise or inexpedient. On the contrary
his high integrity, his
firmness, discretion, and sound common sense,
coupled with the most even temper and amiable manners have been a
source of much satisfaction to me.
10. Although Mr Cameron was not originally educated as a Lawyer,
yet I believe him by close application and study for a period of more
than nine years to have acquired a knowledge of the profession that
would compare favourably with the great mass of those regularly
educated in the profession: indeed Ihave
have on more than one occasion
found his opinion, although at variance with that of members of the
profession, to be correct; and so far as my own personal experience
of Mr Cameron is concerned I can assure Your Grace that although I
was not, after the advent into the Colony of regularly qualified
Lawyers, at first disposed to place very great confidence in Mr
Cameron's opinions on points of Law, yet I have lately very
considerably altered my views in that respect.
However
have on more than one occasion
found his opinion, although at variance with that of members of the
profession, to be correct; and so far as my own personal experience
of Mr Cameron is concerned I can assure Your Grace that although I
was not, after the advent into the Colony of regularly qualified
Lawyers, at first disposed to place very great confidence in Mr
Cameron's opinions on points of Law, yet I have lately very
considerably altered my views in that respect.
11. However should Her Majesty's Government still consider that a
professional Chief Justice should be appointed, I will, if Your Grace
desires it, call upon Mr Cameron to resign, and I have no doubt that
he will under such circumstances, be prepared to meet the views of
Her Majesty's Government; but I presume that in such case Her
Majesty's Government will grant him a pension in consideration of his
services, and of his having abandoned a certainty in order to accept
anappointment
appointment from which he is removed through no fault of his own.
appointment from which he is removed through no fault of his own.
Minutes by CO staff
Sir F. Rogers
See minute on 3699.
See minute on 3699.
TFE
16 Apl
I should like to see the primary papers which wd show how far Mr
Cameron's absolute appointment as C. Justice was considered as a
permanent appointment.
Mr Cameron's answer seems to me to have every appearance of
straightforwardness. And though two failures in business are two
arguments against employing a man in a responsible situation, in the
first instance, they ought not I think to be remembered against a man
(unless they are connected with fraud or gross negligence) after 9
years of hard & useful service.
As to the questions whether Mr C. shd be removed to make place for
a laywer—vide minute annexed.
FR
18/4
The circumstances of Mr Camerons appointment are as follows.
On the 7h of Jany 1854 Mr Douglas reported the passing of a
Supreme Court Act for the appointment of Mr Cameron as Judge or
acting Judge—with a salary of 100£ a year—stating that Mr C. was
not a professional lawyer & had accepted the office solely at his
(Mr D's) request
until a Law Officer for the Colony (meaning professional Judge)
should be appointed by the Crown. Again on 11 Dec. 1854 he
referred to the
"temporary appointment" of Mr Cameron.
On the 26h April 1856 (petitions having in the meantime been
presented against Mr Camerons continuance in office) Mr Labouchere
transmitted to the Colony an order in Council
establishing a Supreme
Court and overruling these petitions added "Mr Cameron will be
appointed Ch. Justice and the Warrant for that purpose will be
transmitted to you with as little delay as possible."
establishing a Supreme
Court and overruling these petitions added "Mr Cameron will be
appointed Ch. Justice and the Warrant for that purpose will be
transmitted to you with as little delay as possible."
Nothing was said about salary which continued at £100 per ann. But
Mr Douglas states that on receiving the appointment from home he
abandoned the employment of the H.B.Cy and devoted himself to his Ch
Justiceship.
And this though somewhat stronger is borne out by Mr Douglas dph of
the 28h July 1857 in wh he writes as follows.
I take this opportunity of requesting you to inform me of the amount
of salary or emolument which Mr Cameron is annually to receive from
H.M's Government for his services as Chief Justice and to direct howI
I am to draw for payment of the same.
I am to draw for payment of the same.
May I trust that H.M's Government will take that matter into their
early and favorable consideration, as Mr Cameron is clearly a
zealous and most useful public servant, and having no private fortune
of his own, he naturally looks to his profession for the support of
himself and family.
The result was that a salary of 800£ was in August 1860 voted to Mr Cameron by the Local Legislature.
Mr Douglas now says that Mr Cameron, though not originally a
lawyer, has by nine years practice made himself so (which is likely
enough) that he discharges his duties well, & that having been led to
abandon other employment for what
he considered a permanency, he will
expect a pension, if removed witht fault.
he considered a permanency, he will
expect a pension, if removed witht fault.
The Hudson Bay Compy give him a very good character in their letter
of 3 August 1854.
It seems to me that Mr Cameron would certainly have a grievance
(after all that has occurred) if he were turned adrift. And I see
nothing improbable in Mr Douglas' statement that he makes a very
good Ch. Justice. But for this I should like better authority than
his father in law [brother in law]. And I should be disposed,
if a new Governor is
likely to go out soon, to leave it for that new Governor to ascertain
if Mr Camerons administration of Justice is open to
reasonable
objection, or is heard with honest distrust (on account of his want
of legal qualification). If it is, I think that he would be
entitled, not to a pension but to some Govt employment of equivalent
or greater value than what he holds: for wh he mt be required to
give up his Ch Justiceship.
reasonable
objection, or is heard with honest distrust (on account of his want
of legal qualification). If it is, I think that he would be
entitled, not to a pension but to some Govt employment of equivalent
or greater value than what he holds: for wh he mt be required to
give up his Ch Justiceship.
If it is not I do not see why he should not be allowed to remain, it
being thenceforth understood that his appointment is to be considered
as permanent as that of any other Judge.
I think his explanation of his past life, in answer to Mr Langford
is manly & has every appearance of honesty and completeness. I see
that Mr Stuart, Attorney for the Estate of Mr Colvile in the
Colony in which he (Mr Cameron) failed (British Guiana) recommended
Mr Cameron to Mr Colvile for employment, and that
the chairman of
the H.B.C. offered Mr Cameron employment under the H.B.C. in V.C.
Island and (as I have said) that the Company were well satisfied with
the way in which he conducted their affairs.
the chairman of
the H.B.C. offered Mr Cameron employment under the H.B.C. in V.C.
Island and (as I have said) that the Company were well satisfied with
the way in which he conducted their affairs.
The question of allowing Mr Cameron to retain his appointment as
Chief Justice may certainly remain in abeyance until the new Governor
has formed an opinion of his fitness.
N
23
Documents enclosed with the main document (not transcribed)
David Cameron, Chief Justice, to W.A.G. Young, Colonial Secretary, 2
February 1863, responding to the personal charges laid against him by
Langford with a detailed description of his past business dealings,
the circumstances surrounding his appointment as Chief Justice, and
the charge of contempt he laid against Langford, with enclosures.
Record of the answers given by Langford in response to the
Interrogation, 8 May 1860, signed by Thomas G. Williams, Registrar.
Other documents included in the file
Minutes by CO staff
Duke of Newcastle
I hardly know whether or not this should be sent.
I hardly know whether or not this should be sent.
Something seems due to Mr Cameron who appears to have been unjustly
attacked.
It may proceed.
People in this document
Fortescue, 1st Baron Carlingford Chichester
Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes