No. 5

1. I have had under my consideration your despatch of the 11th
January last with its enclosures containing a letter addressed to my
Predecessor by Mr. Needham and a memorandum by Mr. Begbie.

2. I have now the honor to inform you, that though I approve of
that part of your proposal to those two gentlemen which relates to their
salaries and respective precedence in the Island and on the Mainland, I
think some modification of the other part of that proposal is needed; as
in my judgment there has been a misapprehension on the part of yourself
and Mr. Begbie as to the effect of the Act of 29 and 30 Vict. C 67.

3. The object of that Act, as I understand it, was!-- simply to unite
the two Colonies of Vancouver Island and British Columbia in as general
terms as possible, leaving the Colonial Legislature to work out the
details of any changes that might be deemed expedient. The Act was not
intended to touch titles, jurisdiction, powers and position of the
Judges, and it appears to me that it did not touch them. And if this
be so Mr. Needham is still Chief Justice of Vancouver Island, and with
all the same powers and authority that he had before the Act passed.

But it seems very desirable now that doubts have been raised as to
the position of Mr. Needham, that such doubts should be removed, and
also that the administration of Justice should be facilitated by giving!--
to each Judge jurisdiction over the whole Colony. It is but fair also
to so deserving a Judge as Mr. Begbie has fully proved himself to be,
that his claim to become a Chief Justice should be assented to, though I
need hardly say, that, except for the very peculiar circumstances of the
case, it could never be allowed that there should be two Chief Justices
in the colony.

Under these peculiar circumstances, however, I desire to see the following arrangement carried out, which will, I trust, prove satisfactory to all parties, and facilitate the administration of Justice in the Colony.

1. Mr. Begbie to receive the title of "Chief Justice of the
Mainland of British Columbia" and to have precedence on the!-- Mainland over
Chief Justice Needham.

2. Mr. Needham to have his title of Chief Justice of Vancouver
Island and to have precedence on the Island over Chief Justice Begbie.

3. Upon the death or resignation of either of the present judges,
the surviving or remaining judge to have the title of "Chief Justice of
British Columbia," and a puisne judge to be then appointed under him for
the whole Colony.

4. Jurisdiction to be given to each Chief Justice and to any
future Judge over every part of the Colony of British Columbia as now
constituted.

The question then arises how this arrangement can best!-- be carried
out, and after some consideration, I have arrived at the conclusion that
this can best be affected by an Act of the Colonial Legislature.

Such an Act would in the first place have to provide for the
exercise by Mr. Begbie under the title of "Chief Justice of the Mainland
of British Columbia," of all the powers and authorities now or hereafter
exercised or conferred upon him.

With regard to precedence I am disposed to think that this Act
should be accompanied by a formal declaration by you, as representing
the Crown in its character of the fountain of honor, as to the
precedence Mr. Begbie should have on the Mainland over the other Chief
Justice.

I may observe that Mr. Needham's precedence in Vancouvers Island
over every one, but the Governor and Commander in Chief!-- has been
specially settled by the Order in Council of April 1865. It is not
therefore necessary that you should declare his precedence over Mr.
Begbie on the Island. But if you should think it desirable to do so,
under the peculiar circumstances of the case, you will only have to
declare that the precedence given him as Chief Justice by the Order in
Council shall continue.

If however it seems likely that questions may be raised as to the
validity of the precedence thus given it will be better for you to
settle the question by legislation.

And if it be contemplated that the two Judges shall ever sit
together, it will be necessary to declare by law what opinion shall
prevail in case of difference.

The proposed Act in the second place should make the necessary
provisions for carrying into effect clauses 3 and 4 of the above
arrangement.

From the former part of this despatch you will perceive that, in my
opinion, all acts of Mr. Needham done in his judicial capacity of Chief
Justice have been legal, and cannot properly be impugued [impugned?],
but if there
is any probability from anything that has passed the Colony of such acts
or any of them being hereafter impuguged [impugned?],
I think it extremely desirable
for the interests of justice, that a clause should be inserted in the
proposed Act declaring all acts valid and legal which have been done by
him as Chief Justice since the passing of the Act 29 and 30 Vic. C 67.

I have only to add that I trust this arrangement may be speedily
carried out, and thus put an end to the questions which have been raised
in the Colony.