No. 49

1. I have the honor to transmit two letters dated June 7th and 8th
1864 addressed to me by Mr Nagle formerly Harbour Master at
Victoria.

2. I find on reference to the Despatch Book of my Predecessor that
he reported Mr Nagle's dismissal in a Despatch No 67 dated 25th
October 1861.

3. I was wholly ignorant of this matter being left open and
unadjusted till I received Mr Nagle's letter of the 7th June 1864,
and I cannot after diligent search in the Colonial Secretary's Office
(where no Register has been hitherto kept) discover any grounds for
this apparently unnecessary delay.

4. The documents relating to this question are very voluminous and
somewhat obscure, and I therefore do not transmit them.

5. I think it necessary however, to transmit my references to the
Treasurer, Attorney General, and Acting Auditor, with their replies
thereto,

*

as necessary to an understanding of the case, though they do not in
any way account for the delay in closing it.

6. I brought the subject under the notice of my Executive Council
and after a full consideration, it was decided that it would be
inexpedient and impolitic for the Government to take legal
proceedings to recover the sum of three hundred and eight dollars
($308) alleged to be the amount of Mr Nagle's defalcations, as the
unaccounted for delay in so doing would render the result more than
doubtful.

7. Under these circumstances I have with the advice of my Executive
Council directed this amount to be written off the public accounts
without pronouncing any opinion as to Mr Nagle's guilt or innocence,
which is I think still a matter of doubt.

8. Whether guilty or innocent Mr Nagle's social degradation and
dismissal from office and the Commission of the Peace are in
themselves a severe punishment.