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This itam is filmed at tha raduction ratio chackad balow/ Ca documant ast film* au taux da reduction indiqu* ci-dassous. 10X 14X 18X 22X MX 30X y 12X IfX 20X 24X 28X 32X The copy filmed her* hes been reproduced thenks to the generoeity of: Librery of the Public Archives of Canede L'exemplaire fllm4 fut reproduit grlce A la g4n4roeM de: La bibliothique dee Archives publiques du Canada The imeges appeering here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contrect specifications. Orlginel copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies ere filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. 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Maps, plates, charts, etc., mey be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hend corner, left to right and top to bottom, as many frames es required. The following diagrams Illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre fiimte A des taux de rMuction diff Arents. Lorsque le document est trop grand pour Atre reproduit en un seui clichA, 11 est filmA A partir de Tangle supArieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images nicessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 32X 1 2 3 4 5 6 OFFICE OF CHIEF JUSTICE. (Copy.) (No. 82. Executive.) Qoternmeni House, Halifax., N. S., 4th August, 1800. My Lord Duke, — It is with extreme regret, that I have to announce to your Lordship, the death of Chief Justice Sir Brenton Halliburton, who, your Lordship is aware, had for many years presided over the Supreme Court of Nova Scotia, with so much credit to himself, and advantage to this Colony. I have also to inform your Lordship, that I have, by the unanimous advice of my Exe- cutive Council, provisionally appointed, until Her Majesty's pleasure shall be known, the Honorable William Young to that oflBce. I append a copy of a remonstrance from Mr. Johnston, against the appoint- 2«ih Ju ment of Mr. Young, together with that gentleman's reply. But after a care- ful consideration of the subject, I have not considered it my duty to postpone the appointment, according to Mr. Johnston's request. The appointment of Mr. Young has caused a vacancy in the Executive Council, to which I have nominated t le Honorable T. D. Archibald, a gen- tleman who has long held a seat . in the Legislative Council ; and I have also appointed Mr. Colin Campbell to the ninth seat in the Executive Coun- cil, which has been vacant since the formation of my present Government, I have, &c., (Signed.) MULGRAVE. P. S. — Since writing this despatch a further remonstrance has been for- warded to me by Mr. Johnston, but as it requires an answer from Mr. Young, as it impeaches his character, I shall forward it as soon aa he has had time to prepare his justification. (Signed.) MULGRAVE. His (iracetho Duke of Newcastle. &t'., Ac, »&c. Halifax, N. S., 26th ,Tuly, 1860. My Loni), — ^ From an article in the government organ of yesterday, I perceive that the members of your Excellency's Executive advise the appointnient of Mr. Young to the vacant office of Chief Justice. 2 OFFICE OF CHIEF JUSTICE. mm Acting as the recoffnized leading member of the Oppositi >n, a large poli- tical party, and whicTi I believe at this moment comprises a miyority of the peop^ of the Province, I folt it my duty to address His Grace the Duke of Jfewcastle through your Excellency, for the purpose of shewing that the pre- sent provincial adminiatration have, in attaining their position, openly violated the law, and that an appeal to the people was required to vindicate the law and the interests of the country. The charges wore definite and distinct, and I have asked the opportunity to substantiate them. In this investigation, Mr. Young is involved in the serious alternative, of having in a case affecting his own personal and party interests, and regard- less of his solemn judicial oath, wilfully j>er\erted judgment, or of being ignorant of the plainest principles of law. Acting in tiie interest.s I do, I if it be under your E office of Chief Justice that the decision of that question may be deferred until the charge against Mr. Young shall be investigated and disposed of, bv His Grace the Duke of Newcastle. Should your Excellency, however, see fit previously to appoint Mr. Young, I beg to request that yoiir E.xcellency will cause a copy of this letter to be sent to Her Majesty's Government, accompanying the announcement of his appointment by your Excellency. (Signed.) J. W. JOH^STOX. His E.vcellen(!y the Earl of Mulgrave. &c., &c., &c. srests I do, I fool it a duty imposed upon me to request, Ex<'ellency's consideration to appoint Mr. Young to the S6th Julv. 1860 Halifax, 28th Juli/. 186(). To His Grni'e the Right Honorable, the Duke of Newcastle, &c , &c.. &c. 1 had the honor, on behalf of a political party in this Colony, comprising I feel assured, much more than half its electors, to address your Grace, under dite of the 13th of June last, on the necessity of referring to the people, by means of the dissolution of the Assembly, questions which concern most deeply the moral, still more than the political interests of this Colony. My letter did not reach England until the eve of your Grace's departure, in consequence of His Excellency the Lieutenant Governor, having delayed its tran.smis8ion for n fortnight. As for this cause it may not have come to your Grace's hand while in England, I have the honor to submit another copy herewith. It having been made known, that the Executive advised the appointment of Mr. Young to the vacant office of Cliief Justice, I considered it my duty in view of the interests I represent, to address to Hiw Excellency the Lieutenant Governor a letter of which I also have the honor to enclose a copy. A charge so specific and so serious against Mr. Young, ns the wilful per- version of judgment for personal and party ohje«rts ; is l)ofore the Provincial Government, and is now: before your Grace. It is most painful to me to assume this attitude, which 1 cannot avoid, without shrinking from a duty that my relation to the public affairs of this Province forces upon me ; and I am assured your Grace will believe, that such a charge can neither be sligiited npr evaded, without lasting wrong to the country, in its most important interests. If it shall meet your Grace's convenience, my friends and myself will be prepared at any moment, to substantiate the charges I have advanced ; but as expressed in my letter to your Grace, it is not my desire to occasion embarass- sss-yji OFFICE OF CHIEF JUSTICE. ment, by urging your Grace'H investigation while here, of the subject, if inconsistent with your convenience, or incompatablc with tlie objects of your Grace's presence in the Colony ; and I have to solicit, that your Grace will honor me with the communication of your intentions and desire in this respect. I have, &u., (Signed.) J. W. JOHNSTON. (No. 83. Misceliaucuus.) Gorernment Home, Halifax, N. S., 17th August, 1860. My -Lord Duke, — In reference to the despatch addressed to your Lordship by His Excel- lency the Lieutenant Governor, No. 82 of the 4th August, relating to the appointment of the Hon. William Young as Chief Justice of Nova Scotia, and the remonstrance of the Hon. J. W. Johnston against that appointment, I have the honor to forward a further remonstrance from that gentleman, with the documents noted in the margin, and also n letter in reply thereto, addressed to your Grace by the Hon. W. Young. I ll&VC &c (Signed.) ' C.TROLLOPE. Hi.s Grace the Duke of Newctistlo, &c., &e., &c. m Halifax, (ttli August, 1860. To theRicsht HoNOHABi.K Her Majesty's Principal Secretarv up State for the Colonies, His Grace the Duke of Newcastle, Ac, London. Your ( ri'ai-c having intbrmi'd nii,' that the official conKiiloration of the subjects brought to your uotico, in my k'tt(>rs of 13th .June and 2vSth .July liiat, was incompatible with yo)ir jirosent visit to the North American Colonies, it will, on ii future occasion, be my duty, availing myself of Your Grace's jiermis.sion at our lato interview, to bring more dis- tinctly to your notice, the (juestions having relation to the subjects of the former of these letters, with the documents sulistantiating my statements. At present I address Your Grace on thb important consideration jiresented to you in my letter of 28th .1 uly — tlio appointment of Mr. Young to the office of Chief Justice, that the remonstrance I make, on behalf of a largo proportion of the people of this Province against its contirmation, may accompany the announcement of the appointment at Downing Street, tliat they may together receive the consideration of Her Majesty's Go- vernment. I transmit herewith tlu> copy of a letter, which, on the 2uth .July, I sent to his Ex- cellency the Lieutenant Governoi-, and of which I also furnished Your Grace with a copy. In the face of tiic charge contained in that letter, the moat .serious that can be made against a .Judge, the elevation of Mr. Young to the office of Chief Justice, was announced in a Special Gazette, on last Saturday afternoon. The next appeal against so great a wrong, na the apiiointnient to the highest judicial position in the country, of a person lying tinder an im|)Utation so .serious, is to Her Majesty's Secretary of Sta.te for tne Colonies. To attain and secure the position which has enaoled Mr. Young and his colleagues to (lis()ose of this high judicial office, and dispen.>e the patronage of the Crown, required pucccs.-jivc infractions of the law, throughout the last session of the Ac.^cmbly, accom- OFFICE OF CHIEF JUSTICE. pli8li3«l by means of a majority, mado up through tho addition of those whose presenM there was itself an open (letiauce of the Statute law of tho land. Tuese acts have been oflioially presented for Your Grace's consideration, in my letter of the 13th June. I conflno myself now to tho conduct of Mr. Young on the Election Committees, in the cases of Messrs. (Wlirnn and L. Smith, as evincing on his part a wil- ful perversion of judgment, and violation of judicial integrity, under circumstances of an aggravated nature, which disqualify him for tho high trust to which liis Excellency, by the advice of his Council, Mr. Young's colloaaue.'* and political associates throughout the transact ion.s of the hist session, has appointed him. I transmit herewith ('opies at largo of tho proceedings and evidence, in those ca.'re legally proved to have held those offices within the meaning and subject to the oj>crnlion of the Provincial Act, and were ineligible to have been elected, or sit in Parliament, are propositions that' rest on principles of law, too plain to rocpiiro comment. The testimony afforded of l)oth officers having acted in their offices, was complete, and no evidence being offered in contradiction, or exjilanation, it was conclusive that they duly held them. The eva.'cople wen' involved, and the country was anxiously waiting the decision. To turn aside judgment in such a case, was not only to violate tho highest ju party spirit is as univer- sal and iis acrimonious as in Nova Scotia; and that its character should not be deteriora- ted is the object of this letter. The course I have adopted, and the sentiments expres.sed in addressing to Your Grace the lettei-s of 13th June and 28th July, and in addressing to you this letter, has met tho approval of the gentlemen, in and out of tho Legislature, in opposition to the (toverment, who, lieing in Halifax on the occasion of His Royal Highness's visit, 1 have had tho opportunity to consult. The charge is specific, and the proofs accompany it. It remains for Your Grace to determine a question of vital importance to the administration of justice in this Colony, and the essential well being of the country. OFFICE OF CHIEF JUSTICE. The people, in the exorcise of their own common Bonse, understand that Momra. Coch- ran, Smith and McLolhin hold offices of emolument under the Provincial Government, at the time of their election, and were, therefore, under the Act of the Province, ineligible to ho eleiited; knowing thia, they perceive that Mr. Young, in the two former ca«eB, un- der personal and party influence, has, in disregard of his oath and judicial responsibility, perverted tire course of justice, aud given a false judgment, and no power exists that can impart the confidence essential for a Judge's usefulness, or dispel the belief that what has once Imen done will not be repeated. Technical evasions, in excuse of Mr. Young's docisioii,* in the committees, have no such power; they can neither impart that confidence, nor diH|icl that belief, in the minds of plain but sensible and intellig('«1 thilt it would iiiilicnte a want of Hpirit, to nipn-iM my iiuli^iiiktiuii ut no unprnvoked and CO uiigi'iionms iin itttHck, I will not t'orgi't tlm pimition I now oc(Mipv, nor lose diniit ot" tlio m(xii>ration and iMlmm'if, which onuiit to ti.>lonn to tlm judicial chanuUci-. Li't luf invito your Gnicc'.-i attention, iln>n, to the itdatiitnn thai have long HuliHift'Hl liotwcon Mr. .Tohn.'*t<>n and nivr^cH', nn>l which will throw wunc li^ht mi tho ningular attitudo ho ha-t now a^tniiicd. ForupwanlH of twenty yiviiv, wo have taken a prominent part in tho politics oi' tho I'rovince, on opposite Hides. For npwardx of thirty yi'arn wo liavo hi'en coiiMtntitly oppoied to eacji utluir at tho Uar; and fortlie lant ten years p,t least, we have lu'cn open ami avowi'cl rival-!, with our re-'pcctivi^ pariie^i nu»taining us, for the oflico of Chief .Iiistice of tlii- Province, whenever it »honld hecmne vacant. Had the late veneralile and lamented Chief .In.stice, whotte place it will ho didii'iilt indeed to lill, died while Mr. .rohii.^tuii wiw in power, it wan perfectly iinder.-tood that he was to succeed to thii otiice ; and hail it so hapj»iied, I hope I would havi' .snliniitted with more cipiiiniiiiity. iiiid a lietter ^raci', th:iii Nlr. .fdlniston i." n^w displaying;: -at all event.-* I Would not have pretcniled that my desire di iiKjcct. was the appniiitineiit of Mr. .lustice HIi.ss, nf whose attiiininents and ih.ii.ictcr 1 desire to speak with all po.Hsilde resjicct, hut wiio would never have hei'u thoii^dit o| \J, when Mi', |[owe, haviti)^ t.iken the niaii.i^einent ol tiie Railway, 1 (juitte 1 the diuir to lieeome li'adcr of tlie governmenl. In \X.'i7, the i;overnnieiit liaviiig hei'n overthrnwn, I hi'came leader of the oppnsition; and in IHtin, on tin' iliainre oi government, 1 hecame again its leader. .\iid now hy tip' unaniinous recomiiieudatinn of niv colleagin's, as appears hy tho unni-xed jiaper which was handed to his Excellency, I have heen a|i|iointed Cliief Justice, Huliject of coursi- to thi' leiyal jilcisure. .And having heeti ho appointed, liaving resigned my place in the governniciit as rresidenl of th'.' Council, and my seat in the Aisemhly, as niemhcr fur the County of Cumhcrlaiid, Mr. .lohnstona.-ks Her Majesty '.s 'rovernment to luiiniliate me in the faci' of IJrilish Amorii'a, where I am tolerahly well known, and to convnlso the Province, where, I need not say, I havoavast body of political and personal frieiiJs, hy disallowing my .i|)|iointn cut. l''or so extraordinary a stretch of the prerogative, repudiatitig the ,'ict of the local goveriiin"nt, and leading of course to a dissolutidii of the A.ssemhiy, there ought oert.-iitdy to he tho grave-t and most uninswi'raMi' reasons; fur it is to lie remarked, that if I am not tit to iie (Jhi(>f .Inslice, I am imt lit to he a Puisne .ludge, which otKcc I might have tilled year.*) ag' , had I chosen to accept it; while aceorcling to Mr..John.ston, the twolawyern next to myself in wniority and position, on the governnn'iil .side, are dis<|ualitie(l hy offence.^ still more heiiiom than mine, Mr. .(ohnston (|uestions my capicity, to till with diginty anil power, the high oflice to whii:h I have heeu elovateil. While I would he underst,oo>ns, yet I have heen called upnn in till that ollice hy tho unanimous choice of my own party, coustiiuting a majoritv of nine, out of lifty-five memliers of the Assenilily, and with, .'is I firmly helicve, the aceii on terms of the most frii'iidly rclatiim, and I am |>ersuacleil that nothing I'ould hav.' induceil tln-m to concur in any representation oll'ensive to my feelings; while it is notorious, that mauv of tho Conservative's, and all tho Liberals at tho i?ar. with one or two very dubious cxi'OfitiMhs, refu*'d to jmt tlieir n.imes to these memorials. 1 liavea right, then, toa.^sumr, that two thirds of tho Bar appfuverif my nomination, even in profennco to .Fudge Blisp; and that his own partv leiilf cnnnnt question, hero in probably no othor Htntwrnan in Hritish Amcrira, who would have cronjurofl up •ur pressed Hurh nn ini|uiry ujxm t' ndviHorH of the Crown. Mr. JnhiiBtnn [lolitcly HUf(^o»t>«, thiit your Oriirc should tnko tlio opinion of tho Law Officers of Kn^larul — tlmt iw, tho Attornc^y nnil t^dlicitor Otinoral, an^ gravely to in(|uir(< whether A con)inittne of tlio AKHOinbly of Nova-Scotiii, balloted for and Hworn, and whoxo dei'iHion by tho law of tho land Ih final, have protiouneed a legal or illegal, a true or falw judgment. If tliir) can be (loiio witli a Nova-Scotia ileeisicin, lliu ruli! will exteml to the IIouho of ComnionH, wliero thu MentoneeH of election cotninittuOM have not alwayc been approved of, find tim Law Ortlcei*a of tho Crown would have abundance of work carved out, for many years toconio. But it in innj)OHHible that Mr. .lohuHtun can hininelf believe, that any auch courwe would bo taken by Her Majesty '.-( (iovernnient, oi- any such apjioal aildresHcd to the Law Officeni of Kngland, written for fore»tall. and lliu |ire(th of April, the Bill wa.> introcliu'cil, and was piwsed into n, law a tew days after, which has led to all this confusion, and a copy of which mnnnexcid to Mr. Johnston's letter. Now, it may at once be conceded, ami indeed all parties are agreed, that this was a hasty and ill-advised mea.sure, the extent and scope of which was not foreseen, or considered OH it ought to have been. By its letter, no pei'son holding any ollici! of jirofit or emolu- ment under the Provincial Government, alter the dissolution of the then llouso of Assem- bly, was cligiblt! to sit either in the Assembly or the Legislative Council. Tho Legisla- ture never intendes do not exceed three or four pounds a year — and a numlier of other ollict'S— tlu^ whole amounting probably to seven or cnght Lundred persons. To suppose that the Legislature intended to di.s(iualify this multitude of men, comprehending so large a shun* of the intelligcmo of the I'ountry, and almost every man of their own body, involves a pure absurdity. A construction so severe, and pregnant with such mischief, h.ad never iieen suggested to the mass ol' the people; and, accordingly, sever.il of the mendiers returned to the As.sembly at the General Elec- tion of IH")!), on both side,.( of politico, wt're found to be holders of one or other of these i)elty offices ; and as the majority was on the side of the then O|iposition (the Government liaving \wriied thi'ir friends in time to |irocure most of their resignations) it was determin- ed to rais(* a (luostion upm tlieireiigiiiilitv. The House was in the first in.stance, moved to examin(> into and ileeide this question ; but' .iving iteelined to do so, several jietitiona were presented, an 1 referred to committees baUotted for and sworn, according to law. Now, the lirst point that naturally presented itself to the members of these committees, wa.s, the applicability ot the law to the petty offices, which the members petitioned against, were alleged to have luilil. r)ii the one hand, there was tho letter of the law, comprehending every office of profit or emolument, iiowever insignificant, that was held under the Provincial Government. On the other, there was the spirit ami intent of the 'Sif, 8 OFFIt'K OFCHIKF JimTUE. I I Act, at variance with iu letter. Thin waa a oaae in which lawyeri and judgea might wall have differed. The man whoee maxim waa Ita Ur at, would adhoro to the letter ; while anothnr man, onually ronwionlioUH, hut of u moro fiiliirn«fd luul likwral turn of thought, would dierogaru tho letter, an i-oiirtH iiavo often done, iind look to tlui olijoct and intent oif tho Loj,iHlttturo. <>n thin, Imwcvor, itli would «nry ii unitiiinuiiM vote, i'i'tiiin>>d him in liiH m-at. Tlicy ili'iidtid in llu' Hpirit, luit ii^uiiiHt llio letter, of the law, atfording an oxampio which other cominitteeH tlnmnlit tliuiiLselveu well juHtified in followiiii(. Ill like maniii'r iIk- Kcat« of Doctor Wi'l«nter, altiicked 'm* a llcultli (Ulicor, and of Mr. Cliipmaii, attacked an a ('niiiiiiiwtioiier of fcewern, wei-i' cuntirnicd liy Coimniltce.M, aiicl on tlic.<.' tlirre conuniftces ilie tlien poliiual friend.'* of Mr. .Itpliiicion had the ni.ijority. Wliv .'ire thc-e Kigiiificaiit f.ict,-i HUppi'er<.'iit, dicl n<> nioiv llian llie loniinitlee.t drawn from his own Hide, in the liu'CM I liavc eiled. The \ itiipeiMlion, tiien ho Iium mo freely JaviHhud, recoiln n\xm liis f)wn parly , and nurely it wmild hiivo Ih'cii innie gencrourt and manly to liave Htatod the wlmle tact-i, llian to have addressed a lctt>'i- to the Colonial Sftcretury, containing a one-billed and distortod vi'-w. But whatever may liavi- been the leaning of other inemhor.i of the commitlees, with whom I was :i«w)ciated, my deeixion in tho two oiv*ert of Mr. A. M.Cochran and Mr. Lewin tsniith, 'lid not proc.-od so much upon tho c<)nntriiction nf the statute, as u|)0ii doi'ecl of proof; Mild u])on this head I must invite tho attention of Your tlrace to a very obvioim and rtouiid distinction, which Mr. Jolinston has altogether overlooki.'d. Had actions boon brought .igainsi Mr. CcK'hraii an a Coroner, or agaiiwt Mr. Smith as a Way OlUce Keeper, or had they made thomnelvc!; i-niniiially liable a.s such, their act- ing in tho.«o caitaoitios, would havy were jeopardized or injured, .v stricter rub' of eviileni'c, by tho very brincifiles of tho constiiution, rose up to protect them. I wim of opinion, therefore (and 1 think that no iinpurtinl and clear- headed lawyer will difl'or with me), tlmt to unseal either Mr. Cochran or Mr. Smith, there must be clear prfx)f that they hail I'cen legally appoint«'d to their respective offices, and helil them uinler all tli.> rei|uisiti(ins and sanctions of the law. Now, there wan no su' h proof in cither (a.^e. In Mr. Cochran's, it wa.s nut shewn that he had evr received or hold a commiwioii as Coroner. Notice topr'>liii'i) a comiiii.ssidii had been given, but it was not produced, and secondary evidence could not bo fouii'l. Hut then' was a still more striking and fatjd objectioi:. Our lli-viseil Statutes reijuir" that n Coroner "shall be sworn into office licfore a .Judge of the Suprerni) Court, or tlii' Custo.s of tli'' County. " Had Mr. Cochran been so sworn, thu range of inipiiry wa,- extr'^mely limiti'il, and the fa(!t could havo been ea-sily pri>veil ; but it was not provi^il. We may assume, tliercfure, that it diil not exist; ami ii.s th'' English, e'|ually with our Provincial rule, dci'lares that a Coroner, until he in sworn, is not " in lull pos-"~sion i^if his otlii'i", " on what priinipie of law or justic', in the ab.'«:>nce of such proof, cinil'l Mr. Co''liran hav been uns<'ati'd '•' This view wius taken by five out of thi' (loinmitte.' of si'ven, aii'l 1 concurred with th'- majority, which is the prin- cij)al gravamen of Mr. .loliiiston's letti'r. Ho complains th.it the cinimittee di'l not aj'ply to the Housi- to eompol Mr. CiX'hran to be examined against hiius'^lf, but it is a sutticient aiiswr that this is in the ili.scretion of the cuiiiinittec; aid for reasfins whii'li it would a w.isie of tiiii'' ti) go into, I eonciirred with a majority of .-I ^ to oui', Ih.it it was inexpedj.'iit, uii'l'-r tlii> cinunistani'es, to refer that (|ucstion to till' llou.«c. In the ri\H(' of Mr. Siliitli, the law ri'quir<"< that, wliilo " ilie Postmaster (leiii'ral, with the approbation of the (iovenior in Council, may establish Way < )tliceH," the (iovernor ill Council shall '' appoint, sujip(>nd, or remove the Posiinasicr (ieneml, and all or any Postmasters, OIHimts, I).:piities, Agi'iit.s, and Servant.- eonnecteil thirowilh," words suth- eiently ample, .'^urely, to iiiclu'ie Way (Jtlici' Keepi'rs. Now, it apiii'ar''d that by a prai- tice, which tho law dw.s not sanction, W.iy Ollice Ketfpers wcim a|)pointcil by coMimi.ssion. under the seal of the Postmaster tiuni'ial, and not of tlii' Oovrnor ; and if Mr. Smith held a (■'jminission, which was not in proof, it was in this t'onii. It lurther npjH'ared that Mr. Smith was appointed u|ion the verbal rocomm"iidation of the member for the (.'oiinty, without the previous sanction, iia tho law reijuires, of tho Governor iu Council; and upon lioth grounds tho majority of tho coramitteo decided that the proof waa defective, and that Mr. Smith should retain his seat. I entirely concurred with that majority, which is the second gravamen of Mr. .Tohnston's lett<>r, OFFICE OF CHIEF JUSTICE. Igei might wall >« Utter ; whiU rn of thought, ;t ami intent of iiitoofwrution, n, adoptoti the hold till otTii'A might [xMHibly unmittfi', liy ii lit ll^llillHt llltl liomsxivt'M well )r, nnd of Mr. nimittPi'H, and 111' majority, lu' <'">intnitt("o«, tiwii I'l-Dui hia i'l'tiiy liivi«ln>d, Had miinly to liiil Sfti-retiiry, nniiti(>»iH, with lud Mr. liUwiH U|>on doi'iict of I vi-ry obviuiiM ' Mr. Smith rr Itch, their iiol- > tharno them, positiona were no cwo of Mr. R membor, the •rejenpanlized ution, ro8o up tial and olear- r Mr. Smith, poctive officee, ?ominiB»ion an proxi8t ; or, until lu? is jUKticc, in the WII.M tiikon by h in the prin- 1 Mr. Cochran tlio di.scrotion 0, I concurred nccs, to refer • Iciicral, with tho (iovcrnor lid !iii or any I," Words Huiii- uit ijy a prac- ly coiuiiii.Hfc! the Kloctinii liw, liut withheld tlic cir>'umHtanceH which give a character and moaning t • the act ol Ih.is, and the jtiHt and rational viewa of that act, which I have endeavored I' nvey in lllin letter. In eoiicliiHion. I may l>i) permitted to paiine for a moment on tho clause in this letter. Ill will It Mr. .loliii^tiin (liinkH it netcMMary to diodaim tho workings " of diaappointea 'Uiibitmn, or dcteated party ImpcM." Why, then, it may be aHked, was it written? I am willing to believe that in thiM, hh in other iiiHtnnceM, Mr. Johnston has practised a delnrRANI>r.M. Till' Kxcciitivi'Comicil, in viow <»f th« vacancy made by the death of the liitf vtMi'Tnlilc Chief Justice, atlviwo the Lieutenant Governor to appoint to tliiit olHce (lie llonorahU' William Youn^, and to make the appointment ^vitinnit delay, for these iiniong otiior things: Because Mr. Young's family liave Ktroiie; claims upi>n the jteopio of this Province. His father, as early as |S15». at a tiiii;' when tlie agriculture of the country was in a very low con- dition, hy tlr' |)iil)lication of the letters of Agricola, and by tho organization under the pritrnna^'e of Lord Dalhousie, of Agricultural 8ucicties throughout th • I'fitviiice. g.ivea stimidus to tliejiroductivc powers of farmers, which has ever siiicf Ih« 'ii diseerniltle in the progress of the industrial habits of our liil-'liandiiieii. ILnmusi- Mr. V«Miti;>' himself, during twenty-four years' service in the legis- lature, has taken an active part in the nreparation and passage of the great |iiiltlie measures, liy which that period nns been distinguised, and has fairly . vinu'il the hiirli distinction which the Lieutenant Governor is respectfully .iihised to confer. Mr. Young has witliin that period held the offices of Meiiilier of tlie Kxeciitive Council, Speaker of the House of Assembly, At- torney Gener.il. and {'resident of the Kxecutivc Council — has represented llie Province on several ocoisions as a delegate — has maintained during the last thirty years at tiie IJar, a practice and position second to no other Law- yer, wlietlier ill or niil of public life; and becau.se at the present moment, he i'njoys the distiiiu'uished position of having been elected by the metropolitan War. President of the " barristers' Society." under a recently passed Act of Incorporation. The Council advise that the amtointment .should be made without delay, iMvatise they are an.xious that Ills Uoyal Highness tho Prince of Wales >!iinilil lie inot by a full lleneh, and because they are most reluctant, that the Col'iiii.il Secretary should be importuned to interfere in a matter, which the ( ' iiiiicii li.>liive to have been long since remitted by formal despatch, to the ; n|e consideration of the Lieutenant Governor and of his advisers. Halifax. 2;h-d .l«lv. IKtJO. (Nova Scotia. No. 'i(>.) Jiowniag Street, Vdth Dec, 1860. Mv Lt»iii». — I have had lietbre me your despatch. No. 82, of the 4th of August, 1S)0. reporting the death of t'hief Justice Sir IJrenton Ilaliburton, and the provisional appointment of the Hon. William Y»mng to that office, and at the same tiin;- tr.msmitting a remon.strance from Mr. Johnsjttm against the aMitointment of Mr. Young, together with that gentleman's reply. 10 OFFICE OF CHIEF JUSTICE. I hare also received a subsequent despatch from Major (ietiernl Troll^po. forwarding & further remonstrance from Mr. Jolmston on thi» subject. After a careful perusal of the letters of Mr. Johnston, and the documents which accompanied them, 1 see no reason for declining? to reoommoml tlic Crown to confirm the appointment of Mr. Young. I have accordingly submitted the name of Mr. Young to the Queoii, and I will transmit to you in a separate despatch, a Warrant under the Huvid Sign Manual, for conferring upon him the office of Chief Justice. On receiving from you the exemplifications of the ai)pointmonts which you have made of the Honblo. T. D. Archibald and Mr. Colin Campbell to seats in the Executive Council, I shall be prepared to submit their names to Jler Majesty. 1 have &c., NEWCASTLE. The Right Honble. the Earl of Mulgrave, &c., &c.. &c. Ill TruJlijpo. ibject. documents inincnil tlu> tuei-ii, Hiul I tl.o Huvrtl outs which 'nni])h(>11 to ir nanios to iSTLE.