113
I have done the Chief Justice very great injustice, for I was much surprised to find that he had immediately replied to Mr Mercer's note of the 12th, and represented that in his opinion very great caution was necessary in making the appointment, and that it should be under the hand of the Governor and the seal of the Colony.
It is true that he does not now suggest any such precautions are necessary, but whether his doubts were originally well or ill founded, it is clear he sought to put them at once before the Executive. Such caution, even if an excess of authority, could have worked no detriment.
12. The Colonial Secretary, however, is under the impression that the Chief Justice's private note of the 12th Instant, and one from Mr Ball, commenting on that note, were before me yesterday, but I can confidently say that I never saw either till yesterday, and that there is some misunderstanding on that point.... As Mr Smale now concurs in Mr Ball's views as to the sufficiency of the latter's appointment, his note is only important as showing that he was early anxious that his views ought therefore to have been promptly laid before me, and I need scarcely say that I would not have hesitated to confer on Mr Ball even superfluous powers, so as to make his views known to the Executive, and therefore that I had for a time entirely misunderstood his action in the matter.
!
113
I haut done the Chief Justice very great I was much suprized to injustice, for
find that he had immediately replied to M"
Mercer's note of the 12", and represented that
in
his
opinion very great
necessary in mathing
suggested
caution
was
the appointment, and
that it should be under the hand
of the Governor
M.
and the seal of the Colony.
It is true that he does not
any
I longer believe such precautions necessary, but
whether his doubts
were
originally
well
ar
ill founded, it is clear he sought to put
before the Executive. Such
them at once
any excess of authority could have worked
no detriment.
12. The Colonial Secretary however is
under the
impression that the Chief
justice's private note of the 12" Instant,
and one
from Mr Ball M?
that note were
confidently say
Ball commenting
before
me
but I can
on
that I never saw either
yesterday, and that there is some
till yesterday,
misunderstanding
Smale
com
that
C
point....As Mo?" now concurs in M3 1Ball's views
as to the sufficiency of the latter's
appointment, his note is only important
a
ab
shaving that he
was
early
anxious
letter ought therefore to have been promptly
laid before
me, and
need
pcarcely say
that I would not have hesitated to confer
M2 Mall even
superfluous powers,
ав
to make his views known to the Executive
and therefore that I had for a time i entirely misunderstood his action in the
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