CO129-021 - Sir John Davis - 1847 [9-12] — Page 339

6.

which, if optional with the Governor, Ishould have

7.

333

sensitively desirous of performing the particularly

painful duties which have devolved

useow us,

with

urged

as a

reasons for

not

suspending the Chief

these

Justice, and for leaving the decision on

proccdings to the pleasure of the Home Government; but on reference to Deepatches of the 28th January 1847, and 21th.

August 1847. I perceive that the orders contained therein, instruct His Crscellency

most explicitly to suspend him, " if on any _ occasion the

en Judge has disgraced his person and

office by publicly exhibiting himself.

#

in a

justice to the high officer arraigned, advantage to

the service, and

satisfaction to ourselves, the absence

of all Rules to guide

us ad a

precedent, has filled

my mind. with doubts relative to the propriety and

legality of several questions which have arisen during

swearing.

this investigation __ such as closing the founcil, and giving

state

of

as

members. It is

: evident intoxication", and the first charge having been proved, there is consequently left to His

Excellency

no alternative but obedience.

most

Hbeg, most respectfully to remark, that this founcil has been placed in as anomalous and onerous position, for want of definite instructions detailing the powers, functions, and responsibilities of an Executive Council, when, as in this instance points of honor have conflicted with those of Law, as well as others of grace judicial import ; and however

very

the Witnesses,"

individual testimony

desirable that all these

matters of Law should be defined in future, without

which I cannot possess the cheering reflection that

endeavouring to act uprightly and correctly, I and not committing

Louie

legal

error which may

tend to

نستن

the prejudice of the Defendant, and without such consolation no Member can retain that perfect rest

of

mind so

essential to a calin decision; and it is this important consideration that has induced me submitted to the Council -

to offer the remarks

now