Confidential

In my despatch No. 40 of the 18th Instant I have answered your
Despatch relating to the recent malpractices in the Probate Court. I do
not find in that Despatch and its enclosures any such specific charge
against the Chief Justice as would render it possible for me to instruct
you to refuse to accept his resignation with a view to his suspension,
or [demotion]. Under the act of the Assembly, therefore, for
the appointment of his successor, who has already sailed for Vancouver
 Island, the Chief Justice will be entitled, I conceive to claim his
pension. If circumstances should hereafter enable you to produce
complete proof of grave misconduct on his part, it will be a proper
question for consideration whether that misconduct is sufficient to
justify the withdrawal of the Pension. To this end the action of the
Legislature would be necessary.