§ The Duke of Richmondsaid, that he had a petition to present from a gentleman with whom he was not acquainted, and therefore could not answer for the correctness of the circumstances which he was about to state. Feeling, however, that his case was one of importance, and his complaint of a serious nature, he had asked the noble Lord, the Secretary for the Colonies, to communicate with one of his colleagues in that House, as to the truth of the statement. The petition was from a gentleman of the name of James Kerr, a barrister of the Inner Temple, and formerly judge of the Vice-Admiralty Court, Lower Canada. He had held the situation for forty years, but had been deprived of it without any trial, or any opportunity being given him of making any defence. He, therefore, hoped the noble Marquess would state the cause of the gentleman's dismissal.
The Marquess of Normanbysaid, that he had not communicated with the noble Lord, the Secretary for the Colonies, on the subject. He was really sorry, however, that the gentleman in question had been so ill-advised as to bring the matter again before their Lordships. He was aware that he was a person very respectably connected, and he believed that he had acquired the good will of a large portion of the people of Lower Canada. At the same time, as the petition had been presented, it was impossible for him to pass over in silence the allegation that he had been dismissed without trial. He would state to their Lordships what had occurred. Mr. Kerr was judge of the Admiralty Court, Lower Canada. In the year 1815, a sum of money, amounting, he believed, to about 1,500l., was placed in the hands of the registrar of that court, 139 which, in the course of law, became the property of the Crown. Mr. Kerr, on going to England, transferred this money to his own agent in London, and up to the year 1834 made no account of it, but kept it at his own disposal. Sundry letters at that period passed on the subject, and about the commencement of 1834, the money was repaid. The circumstances, however, came to the knowledge of the Admiralty, and the result of their examination into the case was, that Mr. Kerr was dismissed. The transaction was also made known to his noble Friend (Lord Monteagle), who was at that time Secretary for the Colonies, and he had felt it his duty to dismiss Mr. Kerr from the office of judge, which he held in the Court of Queen's Bench, Montreal. In 1839, Mr. Kerr transmitted, through Sir John Colborne, an application, in the nature of an appeal to the favour of the Government, but he (the Marquess of Normanby) could see no reason whatever for disturbing the decision that had been come to. Under these circumstances, he regretted that the gentleman had been advised to petition their Lordships, and that he had been obliged, in consequence, to state the facts of the case.