96
the decision of the Commissioners,
in no other light than as a justification of Mr. Caldwell. The
This supposed failure of the Charges against the latter, I was further informed, seemed to His Excellency good ground for proceeding my own suspension as having thereby proved myself to be entirely deficient in the qualities necessary to the discharge of my functions by my inability, in that matter to distinguish between real guilt & the mere effusions of private malice or common report. I was further charged with having given my own opinion before the Commission with precipitancy and intemperance, an appearance of malignity and partiality, and with having introduced into it vituperative and defamatory matter without in any way furthering the objects of the Commission or the promotion of the Public good! His Excellency concluded by calling upon me to furnish a satisfactory defence or explanation of my conduct, and, he intimated that, in the event of its not being satisfactory, he should proceed in Executive Council.
105. I lost no time in sending the demanded Defence and Explanation.
106. Apprehending from the tenor and tone of the demand Letter from myself of the 30th July 1858 to the Acting Colonel Secretary, Mr. Bridges, that the proceedings in Executive Council were designed to be taken Exparte, I prefaced my Defence and Explanation with a protest of the illegality of the measure, claiming, as of right, the benefit of the Rules and Regulations for Her Majesty's Colonial Service promulgated by the Secretary of State (Revised Edition 1854) p. 25,6. And see Cases (in Privy Council) Welles & Remontague vs. Montague; Parl. Pa: on the ban Montague fa Van Diemen's Land; Chief Justice Pedder vs. Lester (No: 1154) from (N=454) Bridges to myself - 28th July 1858.
To answer them, open trial, and the opportunity of being personally present were essential. It is however one of the peculiarities of my case that neither then or afterwards, was any notice whatever taken by any person of this Claim of right and justice.
107. My defence and explanation contained as close an analysis of the Report and Minutes of Evidence, as was possible, under great difficulties - that is to say, the shortness of the time allotted me (only two days from the date of the Minutes being placed in my hands), pressure of Official occupation, sickness, and above all the Governor's deliberate and final refusal, in defiance of the protests of the injured Commission, to allow any portion of the documentary evidence to be printed; - refusal which was a breach at once of his own engagement to the public to print the whole of the evidence and his Order in favor of furnishing me with a printed Copy of such Evidence. I was not even allowed any Copy or access to those Documents, although so interwoven with the viva voce portion of the same, as to be absolutely essential, in the opinion of the Commissioners themselves, to the due understanding of the latter.
Letter to myself (et is]) & From H. Bridges 24 July, to the Chief Magistrate 24 July 1858.
Memorandum.
108. If that Defence and Explanation is, as it should be, in the Colonial Department it will speak for itself.
To recapitulate its contents here would be to reiterate much of what I have already stated. The same ground is taken, the same refutation to the suggestion, that the Report of the Commission deserved to be considered by his Excellency in the light in which, according to the letter of his acting Colonial Secretary, Sir John Bowring considered it.
109. The Commissioners had themselves repudiated one portion of the Suggestion. On the day of the date of my defence and explanation, and whilst I was putting the last hand to it, received, through their Chairman, the following communication signed.
96
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the decision of the Commissioners,
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le
in no
no other light than as aw youtpation of M. (aldwell The
This supposed failure of the Changes against the latter, I was further informed, seemed to His Excellency good ground for proceeding my own suspension as having therely proved myself to be 'enturely deficient in the qualities necessa. y to she dischaye of my functions by my mability, in that matter to destrnguish between real quilt & the merc effusions of private malice or ' common report. I was further charged with having gevon my own Cordoned before the Commission with precipitancy "extemperance, an appearaned of malignity and purtiality I and with having introduced into it viheperative and difamatory matter without in anyway furthering the objects of the Commipron a the promotion of the Fublie "good! His Excellency concluded by calling upon me to furnish a satisferectory defence or cxplanation of my
'
1
6
' conduct, and, he interated that, in the evout of its not, being satisfactory, he should proud in Executive founal.
my suspension
10
105. I Cost
no
time
in
and Explanation . _
· sending the demanded Defence
of
106. Apprehending from the tener and toned of the demand Letter from mpelf of the _ &, us the sequal soon proved, with be much reason that 30th July 1838 to the
the proceedings on Executive Council were designed to betaken
Acting Colonevil Jeonta A Bridges. Exparte, I prefaced my "Sefence analeplanation with a prosect of the illegality of the measure daiming, as of right. Printed Rutes and regala the beneft of the Rules and Regulations forther majesty's for N. M. Colonial Home "Colonial Service promulgated by the Scorchery oftate 77.84. (Revised Edition
for general information ; which peremptorily forbade any Governor,
Excentive Council to perspend any fficer appointed by the Queen, uithout first elsowing the formalities thereby prescribed; candelrich - ivers intended to secure deliberation on the part of the bebunal, and to the accused, notice of the charges time
even in
48
1854) fp 25.6. And seeth Cases (inprivy Councel": Welles & Re montaguely see Parl. Pa: on the ban Montaque fa
Van Diemen's Lanz Chruf Justice Pedder R
50
ali.
Lester ( ot: 1154) from
(N=454) Bridges to musself- 28th July 1858
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To answer them, open tual, and the opportunity of being personally present sher eat. It is howwer one of the peculiarities of my case that neither then or afterwards, was any notice whatever taken by any person of this Claim of right and justice
107. My defence and explanation contained as close aur analysis of the Report and Iminutes of Evidence, as was
under
posible, great difficulties _ that is to say, the shortness of the time allotted me fonly two days from the date of the Minutes brong placed in my hands, pressure of Official occupation. sickness_ and above all the Governor's deliberate and frial refusal, in defiance of the protests of the extured Commission, to allow any portion of the documentary" lidence 10 be printed; - refiisal which was a beach at once of his own
to the public to print the whole of the widence" and his "Order in favor of
engagement
Crop beameriations of myself that "I was to be furnished with a printeds & The Hon crable The Serveryor
" "Cony of such Evidence! I was not even allreved any Copy Generats Dr. Budges as the Jual of the Dusen v Tarrant ubi seepra Aged su
of or access to those Documents, although so interwoven with the vivâ voce portin of the same, as to be absolutely "Letter to myself. (et is])&
Lessential in the opinion of the Commissioners themselves, Berd
"From H. Rudges 24 July, to the due understanding of the latter.
1858. Memorandum. of
The Stonoratte The Cluef
108 If that Defence and Explanation" is _ as it should- Magishoto 24 July 1858/bs_ in the Colonial Department it will speak for etsett -
General
guess
buggys hiportion of the To recapitulate. its contents here would be to reiterate much Lovely Herbcowayer
of what I have already stated. The same ground
nd is taken__
the same refutation. to the suggestion, that the Report- of the Commission deserved to be considered by his Expressence in the light.
in which, according to the letter of his acting Colonial Secretary, Sir John Bowring considered it
that
}
109. The Commipeners had themselves repudiated one portion of
Suggestion. On the day of the date of my defence and r beplanation."," and whilst I was putting the last hand to it received, through their Chaviman, the following communication signed
M
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b
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