Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Correspondence (private letter)
Wood, Thomas Lett to
Cardwell, Edward 31 August 1864, CO 305:24, no. 9779, 306.
Abstract
Wood, Thomas Lett to
Cardwell, Edward 31 August 1864, CO 305:24, no. 9779, 306.
Correspondence (private letter).
Minutes (1), Enclosures (untranscribed) (1).
Wood to Cardwell
I have the honor to acknowledge the receipt of a note of the 18h of
June last in reply to my application for the appointment of Chief
Justice in this Colony to the effect that my application would be
recorded.
Since applying for this appointment His Excellency Governor Kennedy
has done
me the honour of appointing me Acting Attorney General for
this Colony, pending your approval; and I trust that those matters
which may have been communicated to you on my behalf will warrant the
confirmation of my appointment at your hands.
me the honour of appointing me Acting Attorney General for
this Colony, pending your approval; and I trust that those matters
which may have been communicated to you on my behalf will warrant the
confirmation of my appointment at your hands.
Looking upon the position of Chief Justice as one of supreme honor
and importance I should desire still to have my name retained as
applying for it should it still be considered not a matter of
paramount importance to the interests of the public that a member of
our profession should be appointed direct from home.
Some question regarding the salary of the Attorney General has
already arisen
between my predecessor in office and His Excellency
Governor Kennedy and he has kindly allowed me to state my views on
the matter in this note which he has enclosed with his own dispatches.
between my predecessor in office and His Excellency
Governor Kennedy and he has kindly allowed me to state my views on
the matter in this note which he has enclosed with his own dispatches.
His Excellency is of opinion that the Attorney General for this
Colony should undertake for a fixed sum all business both by way of
advice to the Government as also all contentious business in Courts
of Criminal & Civil Jurisdiction.
I have no experience in myself of the practice in such matters and am
at a distance from such friends as could give me reliable
information, but my belief is that in Colonies as at home the
Attorney Generals salary (in this Colony a very small
one) is held to
cover only his advice to Government and does not relate to the
conduct in Court of Suits & prosecutions in which as in suits between
subject & subject, his brief bears a fee of the usual amount paid to
him thro' the Crown Solicitor.
one) is held to
cover only his advice to Government and does not relate to the
conduct in Court of Suits & prosecutions in which as in suits between
subject & subject, his brief bears a fee of the usual amount paid to
him thro' the Crown Solicitor.
I may say that in this Colony the practice of a barristers is
distinct from that of an attorney.
It is contended by His Excellency that a fixed salary tends to
prevent an Attorney General from giving false advice with a view to
litigation which he otherwise ought to & that it is convenient for
the Colony to know what their legal expenses will be beforehand—both
of which points I concede.
On the other hand a fixed salary would in the hands of a disingenuous
& indolent man tend to make him sacrifice the interests of the Crown,
possibly of great moment, if they cost him extra trouble, and it may
be easily seen that ill-advice ending in non-action is safer from
public notice & detection than advice ending in action, which passing
as it would thro' the hands of a Solicitor & forming the subject of
conference with him, would also if uncalled for attract remark at the
hands of the public. Added to this, payment according to the amount
of work done is the natural and ordinary mode of remuneration & I may
say that a mode of payment based upon suspicion of the honor of the
counsel
and an exception to the known usage of the bar in respect to
other clients ought least of all to prevail towards a law officer of
the Crown usually a member of the English Bar and presumably a man of
integrity & character.
and an exception to the known usage of the bar in respect to
other clients ought least of all to prevail towards a law officer of
the Crown usually a member of the English Bar and presumably a man of
integrity & character.
I should respectfully submit that unless inconsistent with the rules
of the Colonial Office the Attorney General's salary should only be
held to cover his advice to Government and the drawing of
proclamations & documents of a simple character but that Acts of
Parliament, Indictments, Deeds, & all matters by way of action or
suit Criminal & Civil should be paid as extra work according to the
scale of fees current in the Colony.
With respect to the existing salary, £300,
I believe his Excellency
is of opinion that this sum under any view of the Attorney Generals
duties is very inadequate. The duties of the Attorney General are by
no means light, this being a colony of some commercial importance, &
now comprizing a newly discovered gold field and I believe I am
correct in saying that the salary bears no proportion to that of
other Colonies similarly circumstanced with this & where the costs of
living are so high.
I believe his Excellency
is of opinion that this sum under any view of the Attorney Generals
duties is very inadequate. The duties of the Attorney General are by
no means light, this being a colony of some commercial importance, &
now comprizing a newly discovered gold field and I believe I am
correct in saying that the salary bears no proportion to that of
other Colonies similarly circumstanced with this & where the costs of
living are so high.
In conclusion I may say that I should be much obliged if you would
give me separate instructions as to what are understood to be the
duties of the Attorney General for this Colony in return for his
salary & that you will be kindly pleased to take into
consideration
the augmentation of that salary.
consideration
the augmentation of that salary.
To The Right Honorable Edward Cardwell
Her Majesty's Secretary of State
for the Colonies
&c &c
Her Majesty's Secretary of State
for the Colonies
&c &c
Minutes by CO staff
Mr Elliot
I think that the opinion of Sir F. Rogers is in favor of a reasonable salary being assigned to the office of Attorney Genl with private practice. £300 a year is the salary proposed in the Civil List desph for the Atty Genl of V.C. Island. The Governor has in a recent despatch (now in circulation) observed that the plan of allowing the Att. Genl to receive fees was likely to be productive of litigation expensive alike to the Govt & to Individuals. Supposing the present system of paying the Atty Genl by the means of a salary & of private practice to be reviewed it is well as to remember that the Governor has not hitherto told us that the present salary is fixed too low.
I think that the opinion of Sir F. Rogers is in favor of a reasonable salary being assigned to the office of Attorney Genl with private practice. £300 a year is the salary proposed in the Civil List desph for the Atty Genl of V.C. Island. The Governor has in a recent despatch (now in circulation) observed that the plan of allowing the Att. Genl to receive fees was likely to be productive of litigation expensive alike to the Govt & to Individuals. Supposing the present system of paying the Atty Genl by the means of a salary & of private practice to be reviewed it is well as to remember that the Governor has not hitherto told us that the present salary is fixed too low.
ABd
22 Oct
