Commanding Her Majesty's Troops.
China, absent from indisposition.
The Council meets this day at ... by special summons.
The Minutes of the Council held on the ... Instant, are read and Confirmed.
His Excellency, read two Letters, dated respectively the 18th, and 23rd Instant, from the Honorable Chief Justice Smale, applying for leave of absence on the ground of continuous and serious ill health. This application, His Excellency states, is supported by a Certificate, dated 18th December, from Dr. Duns, Acting Colonial Surgeon, of a very peculiar character; because, in points of fact, it amounted to this – that the Chief Justice's mental powers were so impaired that any attempt to discharge his judicial duties would be as certainly dangerous to himself, as injurious to the Public interests, – and a source of general scandal.
His Excellency adds, that in a personal interview with Dr. Duns that morning, he had ascertained that Mr. Smale's case was even more decidedly serious than might perhaps be gathered from the Medical Certificate as the latter had, of course, to be seen.