4. and charges of Sir Frederic Rogers a delay of 14 days in London. He also wishes to count his grant of leave from the date of his being sworn in as Chief Justice and not from joining the service in 1861, a claim altogether inadmissible in the opinion of myself and Council. We wished that his leave has as much as we had power to give, it will be for Your Lordship by its further extension to rectify any mistake into which we may have fallen. Otherwise it is our opinion on public grounds it would be highly inexpedient to prolong Mr Smalis' connection with the Colony, either by lengthening his leave and thereon deferring all final permanent arrangements, or permitting him to return to the Colony in official Capacity.
5. He is now past sixty, and has given so many proofs of incapacity recently to fill his post with the dignity and learning required, thus, when the disease of the brain under which he labors, and labors hopelessly, is so clearly indicated by competent Medical Authority, it would seem almost a cruelty to this Community to leave a person, so unfortunately broken down and incapacitated, to...