CO129-087 - Sir Robinson - 1862 [7] & Acting Governor Mercer - 1862 [7-9] — Page 202

2.

6

199

Government against Mr. Caldwell, various

remarks occur

to me but I think it

sufficient to say

1st That having perused the published

enquiry

I cannot but respectfully say that I come to the same anclusion to which the Excentive bonneil arrived but when they came to the Conclusion that

1 Mir be aldwell ought to be dismissed

from

the buble

public

Service and

he

was so

dismissed the function of the Council

Ceased.

The Excentive Council is clearly entitled to investigate the conduct of evay public officer holding office under this leolonial Governments so far-and so for only as it is necessary to ascertain

C

whether his conduct be such

as to justify

his dismissal, but it would be to recur

the Star Chamber if the

to the times

of

were

to

usurf

the

functions

Executive here

of the Police Magistrate. This was felt that although

Do

strongly

although on the occasion of elm

Waldwell's in

investigation the Chief Justice

was a member of the Excentive it was felt expecially by himself that the

supreme judicial officer ought not in ordinary circumstances to be a member of that bouncil and he retired on that ground

and I

as

the ordinary legal adviser to the Government succeeded him and as member that Executive I showed certainly, vote

of

against the capacity of the bouncil to -

entertain a criminal charge in bounail

L