I pointed out my inability to discharge the duties of the high office of Chief Justice in Mr. Thelwall's absence, and I mentioned that no reply had been received to my Despatch No. 25 of 24th February 1858, in which I forwarded Mr. Wilmot's Application for leave to retire on half salary this present month of February.
The Council agreed with me that the leave, if applied for by Mr. Helm, must be granted as a matter of necessity, but resolved that it should be deferred until such time as the Government may find itself in a position to meet his wishes, and that the subject should be at once brought to your notice.
I may mention that Mr. Samuel Labouchere disapproves of putting the Office of Chief Justice in Commission as was done in the latter months of 1855, but Mr. Labouchere grounded his decision on Ordinance No. 6 of 1845, while by the charter of the Colony the Governor has power to appoint Commissioners of Oyer and Terminer.
I have the honor to be, with the highest respect, Your most Obedient Servant,
Page 201
The Baron ...