CO129-025 - Bonham - 1848 [7-8] — Page 67

It will, I trust, be obvious to Lordship that neither Sir John Davis nor Acting Chief Justice Campbell deemed it necessary to deprive Mr Trotter of his office; but as he declined to continue to perform the duties, it became necessary to make other arrangements, and Mr. Pollard was in consequence appointed.

Under these circumstances I am of opinion that Mr. Trotter is not entitled to his salary as Judge's Clerk during Mr. Stulme's suspension from office, of which the Chief Justice has been duly informed.

As connected with this subject, I take this opportunity of enclosing for your Lordship's information copy of a correspondence that has passed between the Chief Justice and myself on the appointment of the Judge's Clerk.

From this correspondence it will be seen that under all circumstances I was disposed to reappoint Mr Trotter to be Judge's Clerk on Mr Stulmé's recommendation; but the Chief Justice appears to conceive that the appointments are vested in himself, and that he can appoint any person he sees fit to this Office, without any reference whatever to the Governor.

I trust that I shall on all occasions be found willing to pay every proper attention that I can do, consistently with the claims of others, to the recommendation of the Chief Justice or any other of the Heads of the several Departments of the Colony, and that such willingness has been made apparent on every occasion; but I am of opinion that no appointment requiring the confirmation and approval of your Lordship can possibly be made without my concurrence.

This principle appears to me to be generally recognized in the Secretariat, under acknowledgment, as it is then obvious that your Lordship would not have approved of another clerk being substituted for Mr. Trotter at the mere will of the Provisional Judge, had Mr. Trotter been disposed to serve.