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for trial, or many witnesses in attendance brought from a distance, there might have been considerable public inconvenience occasioned by such suspension of the administration of the criminal ordinary law.
8. Several applications, however, were immediately made by Counsel for the release of prisoners on various technical points, and thus arose occasion for scandal. I cannot therefore but regret that the Chief Justice should have felt so many doubts, because I now understand from him that his doubts have disappeared, and that he believes the formal nomination of Mr Ball by me would have satisfied all the requirements of the local law.
I certainly think that a person occupying the position of Chief Justice, and having so much time to consider the matter, was the most natural person to decide doubts raised by himself, and apparently shared by no one else.
9. I was also of the opinion that as Mr Mercer had written to him unofficially on the 12th instant, informing him of Mr Ball's appointment, he might have been expected to communicate to the Executive the perilous position in which he evidently thought the appointment might, without very great precautions, involve the legality of all subsequent proceedings.
10. On that point, however, I learned yesterday afternoon, the 28th instant, that