Soon after, a despatch from the Colonial Secretary made known that the act for transferring the funds in dispute had passed the houses of parliament, and received the royal assent. Whether from extreme liberality or total inadvertence, it was so worded as to preclude the imperial treasury from ever exercising any control over them, leaving thus no room for negotiation with the Assembly. Lord Aylmer was instructed, however, to demand in return a grant of permanent salaries to the judges, who were also, according to the Assembly’s desire, to be made independent of the crown; and a similar provision was asked for the governor, and a few of the chief executive officers. This matter being referred to the Assembly, they began, on the 20th of January, 1832, with the first particular. On providing that the judges should be independent of the crown, and, with the exception of the Chief Justice, should not sit in the executive or legislative councils, it was determined that permanent salaries should be paid to them. But, at the same time, a motion of Mr. Neilson was carried by a large majority, that these should be drawn in the first instance from the casual and territorial revenues, which Lord Goderich had expressly reserved to the crown. Lord Aylmer considered it, therefore, necessary to send home the bill, yet with an advice to accept the terms, as the best there was any likelihood of obtaining. It was rejected, however, on two grounds: first, that it did not render the judges really independent of the Assembly, but left an annual vote still necessary. We cannot help suspecting that there was an unhappy misconception. The terms of the bill are, “that the salaries shall be secured to them in a fixed and permanent manner;” and “shall be taken and paid out of the proceeds of the casual and territorial revenue now appropriated by acts of the provincial parliament, for defraying the charges of the administration of justice, and the support of the civil government, and out of any other public revenue of the province which may be or come into the hands of the receiver-general.” It would appear that, according to the plain meaning of language, these terms involved a full warrant for payment. Probably Lord Goderich had legal advice, and some technical terms, usual in British acts, might be wanting; but a provincial legislature could scarcely be expected to be fully aware of these niceties. The legislative body, the governor, and we doubt not also the Assembly, had considered this as a permanent settlement; the latter, had it been so acted on, probably would not, and certainly could not reasonably have objected. The other ground was the encroachment upon the casual and territorial revenue, which, in this indirect manner, was considered peculiarly offensive, though Lord Goderich had been fully apprised of their determination against any agreement in which this article was not included.