112
for trial, or many witnesses in attendance brought from a distance, there might have been considerable public inconvenience occasioned by such suspension of the administration of the criminal ordinary law.
8. Several applications, however, were immediately made by Counsel for the release of prisoners on various technical points, and thus arose occasion for scandal. I cannot therefore but regret that the Chief Justice should have felt so many doubts, because I now understand from him that his doubts have disappeared, and that he believes the formal nomination of Mr Ball by me would have satisfied all the requirements of the local law.
I certainly think that a person occupying the position of Chief Justice, and having so much time to consider the matter, was the most natural person to decide doubts raised by himself, and apparently shared by no one else.
9. I was also of the opinion that as Mr Mercer had written to him unofficially on the 12th instant, informing him of Mr Ball's appointment, he might have been expected to communicate to the Executive the perilous position in which he evidently thought the appointment might, without very great precautions, involve the legality of all subsequent proceedings.
10. On that point, however, I learned yesterday afternoon, the 28th instant, that
lo.
112
:
for trial, or many witnesses
in attendance
brought from a distance, there might have been considerable Public incomvenience
occasioned by such puspension of the
of the Criminal
administration
ordinary kaw. 8. Several
applications however were
immediately made
C#
by Counsel for the H
release of prisoners
rs on various technical
points, and thus arose occasion for Scandal. I cannot therefore but
regret
CH
that
the Chief Justice should have felt so many doubts, because I now understand from
him that his doubts have
and that he believes
nomination
inal
of
disappeared,
a mere
verbal
me would
Mo?" Ball by
have patisfied all the requirements of the
local law. I certainly think that a person
sccupying
having
the
position of Chief Justice, and
so much time to consider the matter,
was the most natural person to decide doubts raised by himself, and apparently
shared by
9.
no ome
else.
I was also of opinion that
as M?
Mercer had written to him unofficially
on the 12" Instant, informing him of M2
Ball's
appointment, he might have been expected to communicate to the Executive the perilous position in which he evidently thought the appointment might, without
very great precautions, involve the legality of all subsequent proceedings.
10.
On that point however I learned
yesterday afternoon, the 28" Instant, that
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