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2-159 (Original)

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addressee,male author,male,Burton, W.H., Supreme Court Judge,un
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Public Written
Official Correspondence
Burton, 1838
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28th December, 1837
My Dear Edmund,
I think it advisable in consequence of the suspicion entertained and communicated to me by my brother Robert that my letter of the 2nd September 1835 was never brought to Lord Glenelg's notice - to furnish you with a letter to the Secretary of State to be read by you if you require it and I think proper and also I enclose an original note from the late Governor here and another from his late private secretary, the former received by me in July or August 1836 and the latter yesterday in proof that my letter was forwarded from hence. 
I hope however that the necessity for this proof will have ceased and that such arrangements made may have been made for me although I am yet ignorant of them as will be satisfactory. I can only express my thankfulness to your and my other friends for their kind and friendly zeal in my behalf coupled with my chagrin that so much exertion should become necessary. A reflection which is not very consoling to one who really feels he has a right to say that his exertions in the public cause have been even beyond this duty. It affords not much stimulus to the future zeal to learn that not only can those services be [u]nknown but stifled by underlings in the office of the colonial department.
Mr. Gardner of whom Robert writes that he is an enemy of mine is altogether unknown to me. I have never given him any harm of which I am conscious, but he is a friend of Forbes which may account for his enmity to me -although this letter has no right to feel so towards me. I have twice supported him in this colony when without me he must have very greatly fallen. I have acted towards him as I wish he had acted towards me - supporting him whenever it was in my favour and never availing of any opportunity to injure him. My words and deeds may have strongly contrasted with his own and may have been in that way prejudicial to him; but only incidently and in the discharge of my duty; which could not have been conscientiously performed had I not said and done as I have.
I know not my Dear Edmund what may be within the short future of a few days - but we ought by this time to know if Dowling be confirmed Chief Justice or who else and what is the result to me. The ships however at this season have been long delayed - one which sailed from England in July had only arrived a few days ago. The Governor (Sir Geo. Gipps) cannot be expected before March and I fear I shall be kept in suspense until then - unless as I hope you will be aware of what is transacted and I shall hear of it from you earlier.
The last two years have thoroughly disgusted me with the Public Service and I shall be glad to escape from it upon any terms which you think proper. The last communication from Robert was on [...]
Give my love to my dear mother my brothers [...] the children and all who love me [...] and informed you of having received Roberts letters of 20th June and 18th July which informed me of your intention to apply for my retiring pension if Dowling should be confirmed I cannot however act upon that intermation until I hear what has been done in consequence.
My expectation is that you will obtain my retiring pension and if no that you will have by [...] letter or its [...] what I shall do; whether ask leave and go home or remain [...] I sincerely thank you and Robert and all my excellent friends for your and their zeal in my behalf only regretting that their labours as at present seems to be the case have been so fruitless. Give my love to all, accept the same yourself and believe me to be my dear Edmund ever your affectionate brother.
Original of the enclosed duplicate was transmitted by the "Luisa" which finally sailed having once put back three days ago.