§ MR. PICTON for Mr. JUSTIN M'CARTHY (Londonderry)I beg on behalf of my hon. Friend to ask the Under Secretary of State for the Colonies, whether the Colonial Office has received the petition of certain dissatisfied litigants from Tobago, complaining of the judicial decisions of the Chief Justice, Sir John Gorrie; can he explain why these complaints, which had already been referred to the Privy Council, were not entertained; and also on what grounds the Secretary of State for the Colonies has 233 intimated to the Governor of Trinidad, for the information of the petitioners, that should they have any precise charges to make against the judicial conduct of Sir John Gorrie, the Governor can deal with them in Executive Council: and, whether the Governor of a Colony is at liberty to try and to decide on the conduct of the Chief Justice acting in his judicial capacity?
§ THE UNDER SECRETARY OF STATE FOR THE COLONIES (Baron H. de WORMS,) Liverpool, East ToxtethThe Secretary of State received several petitions addressed to the Queen in Council complaining of the conduct of the Chief Justice in connection, with actions before the Supreme Court in Tobago. These petitions were referred to the President of the Council, who considered that they did not disclose any matter at present appealable to the Judicial Committee in the exercise of its ordinary functions, and the Petitioners were so informed. The Secretary of State also received a petition addressed to himself by inhabitants of Tobago, complaining of the judicial conduct of Sir John Gorrie, and asking for the appointment of a Commission of Judges to inquire into their complaints. The Governor was directed to inform these Petitioners that the Secretary of State could not appoint a Commission of Judges to inquire into the action of the Chief Justice, and that if they had any grievances against Sir John Gorrie, apart from his decisions, which can be brought by way of appeal before a Higher Court, they should represent them to the Governor, stating their complaints in a definite and precise manner so that, if necessary, further inquiry might be made by the Governor and Executive Council. For the reason for giving that answer, and also in reply to the last paragraph of the question, I may refer the hon. Member to a Memorandum drawn up by the Lord President, and approved by the Lords of the Council, which will be found in Parliamentary Paper No. 139, of June, 1870, from which it will be seen that, in the opinion of the Privy Council, charges of misconduct against a Colonial Judge are most conveniently dealt with in the first instance by the Governor and his Executive Council, who may either remove a Judge under the Act 22 Geo. III, c. 75, 234 subject to an appeal to the Privy Council, or suspend him under the general power to suspend Colonial Officers subject to confirmation or disallowance by the Queen, through the Secretary of State, who would, except in some very special case, advise Her Majesty to refer the matter to the Judicial Committee.