New Murriale
Suppose that the Governor had legally exercised much the Office of Chief Secretary or Commissioner, but the Supreme Court Ordinance of 1844 (Clause 8) only gives the Governor power to appoint a fit & proper person. Restrictive provisions in the case of the Chief Justice.
It would certainly have been more satisfactory if Sir J. Dowling had explained his legal reasons for this step. There are strong arguments against this course, which there is some subsequent amending legislation, one of which I am not fully informed. It might not wholly be as well to discuss generally, but would it not be best to print out the doubt confidentially?
Jan 8
W Ball
237
Jan 9
Page 240
Page 241