CO885-(10-11) — Page 62

11495.

PUBLIC RECORD OFFICE

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C.O.

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10PUBLIC RECORD OFFICE, LONDON

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before the Judicial Committee in support of their charges. Mr. Justice Cargill, on the other hand, will have the opportunity afforded to him of disproving the allegations against him, and the evidence will be taken in such manner as the Judicial Committee shall deem right.

Our opinion is founded not merely on the propriety of granting investigation on the address of the House of Assembly, but also on the conclusions we have arrived at on examining the voluminous documents laid before us.

Mr. Justice Cargill's conduct towards Mr. Wellesley Bourke when acting as counsel in the case of " Arguinbeau v. Moss," and towards Mr. Williams, appearing in the like character, in the case of "Phipson v. Kidd,” has struck us as particularly reprehensible, if truly represented, which at present we find no reason to doubt.

With reference to the order to indict Mr. Patrick Morgan for perjury in the notion * FitaMorris v. Morgan," and the sentences passed on the 28 rioters in the case of the assault upon an Obeahman, and his accomplices (to which especial reference is made in your Grace's letter of the 7th May), we think that nothing appears at present which, on the part of Mr. Justice Cargill, may not probably be resolved into, at most, an error of judgment. It was very improbable, under the circumstances, that Mr. Morgan would be convicted, but the judge was clearly entitled to direct the indictment under the statute referred to by him in his explanatory statement on this point (14 Viot. o. 50. B. 2), and we must presume that he, as well as the jury, disbelieved Mr. Morgan. The sentences passed on the 28 rioters were probably too severe, as indeed the partial remission of the greater number of the sentences by the local executive seems to indicate. But the offence itself, and its attendant circumstances of outrage, the nature of the defence, and the character and tendencies of a negro population, might well lead the judge, at the moment, to think an example of severity was required. Upon the whole, it appears to us that an inquiry under a reference to the Privy Council would be the most fit course of proceeding.

His Grace the Duke of Newcastle,

&o. &c.

&c.

We have, &c.

(Signed)

RICHARD BETHELL.

WM. ATHERTON.

7

No. 42.

(CANADA.)

QUEEN'S ADVOCATE to COLONIAL OFFICE.

MY LORD DUKE,

Doctors' Commons, December 11, 1860. I AM honoured with your Grace's commands signified in Sir Frederic Rogers' letter of the 15th November ultimo, stating that having laid before your Grace my letter of the 26th October last, on the subject of the omissions in the patent recently issued for appointing the Bishop of Montreal and his successors metropolitans of Canada, he was directed to acquaint me that your Grace is of opinion that these omissions should be supplied, and that fresh Letters Patent should be issued for the purpose. And to request that I would prepare and transmit to your Grace the draft of the necessary instrument.

In obedience to your Grace's commands, I have the honour to

Report

That I have accordingly prepared, and herewith transmit, the draft of new Letters Patent, revoking those of July 9th, 1860, and embodying the recitals suggested in the letter of the Lord Bishop of Montreal of August 24th, 1860.

I beg, however, to suggest that, having regard to the Law Officers' Reports of August 21st, 1855, and August 5th, 1856, and to my Report of January 28th, 1860, and considering the importance of securing the legal accuracy and completeness of this instrument, and the insertion therein, not only of a correct statement of the ecclesiastical history (so to speak) of the province as now constituted, but also of the special powers and provisos which may be requisite for securing the objects which Her Majesty's Government may have in view in connexion with the appointment of a metropolitan, and the carrying into effect of the "Canada Church Synod Act," (whatever these objects may be) that it will be proper that before the Great Seal is affixed to this instrument it should be transmitted to Canada for the consideration of the Governor-General, the Attorney-General, the Bishop of Montreal, and possibly of the (Suffragan) Bishops of Toronto, Huron, and Quebec.

The circumstances of the case are so peculiar, the ecclesiastical changes in the Colony have been so numerous and intricate, the possible consequences and results of this measure may prove so important hereafter, and the opinions of the Law Officers of the Crown have been so decidedly adverse to what has been done, that I consider it my duty to urge this suggestion on your Grace's consideration.

I have, &c. (Signed)

The Right Hon. the Duke of Newcastle,

&c.

&o.

&c.

• No. 38.

J. D. HARDING.

16976--13.

95,8/86,