Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Rogers, Frederic to Merivale, Herman 17 November 1859, CO 60:5, no. 11468, 561.
Abstract
Public Offices document.
Other documents (2).
Rogers provides details on
Proclamations issued by the Governor of British Columbia under authority of the Act of Parliament 21 and 22 Vict cap 99 and of his Commission,noting that
it will be best to call these enactmentsaLawsorOrdinancesand notActs,
term which is usually appropriated to Laws passed by a representative Assembly.
Rogers to Merivale (Permanent Under-Secretary)
Emigration Office
17 November 1859
Sir,
In obedience to the directions of the Secretary of
State contained in your Letter of the 10th instant, I
have perused and considered Proclamations issued by the
Governor of British Columbia under authority of the Act
of Parliament 21 and 22 Vict cap 99 and of his Commission.
2. With regard to the form of these Proclamations
I think it
it would be convenient that the Governor should
affix a number and title to each as is usual with Colonial
Laws. Without this it will be very difficult to refer in
future Laws or legal instruments to any of the Acts except
those which contain a clause assigning what is called
"a short title." Probably it will be best to call these
enactments "Laws" or "Ordinances" and not "Acts" a term
which is usually appropriated to Laws passed by a
representative Assembly. The headings will therefore
stand somewhat thus—
No 1 of 1859 Law (or Ordinance) for the
naturalization of Aliens.
No
No 2 Law respecting Oaths, etc. The short title
may equally be given in the body of the Act "Aliens Law of
1857," "Oaths Law of 1859" and so on.
it would be convenient that the Governor should
affix a number and title to each as is usual with Colonial
Laws. Without this it will be very difficult to refer in
future Laws or legal instruments to any of the Acts except
those which contain a clause assigning what is called
"a short title." Probably it will be best to call these
enactments "Laws" or "Ordinances" and not "Acts" a term
which is usually appropriated to Laws passed by a
representative Assembly. The headings will therefore
stand somewhat thus—
No 1 of 1859 Law (or Ordinance) for the
naturalization of Aliens.
No
No 2 Law respecting Oaths, etc. The short title
may equally be given in the body of the Act "Aliens Law of
1857," "Oaths Law of 1859" and so on.
3. To every law should also be annexed the usual
marginal abstract. In some Laws this is done, in others omitted.
4. I now proceed to report on the different proclamations.
5. The "Aliens Act" provides that every Alien who has
resided in the Colony for 3 years may demand naturalization
on producing a declaration of his residence and character from
some British Subject, on making himself a declaration of
of
residence and on taking the oath of allegiance. The latter
declaration must be made and oath taken before a Justice of
the Peace who is to declare that he knows no reason why the
applicant should not be naturalized. These conditions being
fulfilled "the Court of British Columbia" is to record the
proceedings and the alien is to be deemed a British Subject
for all purposes whatever "while within the Colony of British
Columbia." The naturalization may be annulled if any party
to either of the above declarations is convicted of perjury
therein. But the Court is not entitled, as a matter of course,
to examine into the truth of the documents which it records.
of
residence and on taking the oath of allegiance. The latter
declaration must be made and oath taken before a Justice of
the Peace who is to declare that he knows no reason why the
applicant should not be naturalized. These conditions being
fulfilled "the Court of British Columbia" is to record the
proceedings and the alien is to be deemed a British Subject
for all purposes whatever "while within the Colony of British
Columbia." The naturalization may be annulled if any party
to either of the above declarations is convicted of perjury
therein. But the Court is not entitled, as a matter of course,
to examine into the truth of the documents which it records.
6. The certificate from a British
British subject is thus merely
nugatory, since in every community, and certainly in a
gold digging one, individuals will be found who will sign it
without any knowledge of its truth.
British subject is thus merely
nugatory, since in every community, and certainly in a
gold digging one, individuals will be found who will sign it
without any knowledge of its truth.
7. It would consequently be in the power of a fugitive
American felon by the easiest possible fraud to qualify
himself (as far as nationality is concerned) for any office
in British Columbia or a place in the Legislature as soon as
such a body shall exist.
8. If it be the opinion of the Home Government that the
best chance of preserving order in such a Country a[s] British
Columbia is to give out the utmost possible inducement to
permanent settlement
settlement and therefore the greatest facility for
acquiring the character of a British Subject, it may be
inexpedient to raise any objection to the above enactment. And
it may be that a population of naturalized foreigners
exercising influence over the Local Government would be less
dangerous than a population of aliens regarding it with
jealous hostility. This is a question of policy for the
consideration of the Duke of Newcastle.
settlement and therefore the greatest facility for
acquiring the character of a British Subject, it may be
inexpedient to raise any objection to the above enactment. And
it may be that a population of naturalized foreigners
exercising influence over the Local Government would be less
dangerous than a population of aliens regarding it with
jealous hostility. This is a question of policy for the
consideration of the Duke of Newcastle.
9. But if it be decided that a certain amount of
bonâ fide residence and of bonâ fide respectability
should be required as a condition of naturalization, it
appears to me that the Court of British Columbia or
or some
special officer designated for the purpose should be
empowered to require proof satisfactory to such Court
or Officer of the required residence and of the respectable
character of the applicant for naturalization; and that, as a
guide to their decision on this point, persons having been
convicted of Treason Felony, rape, Forgery, or any other
infamous crime should (as in Natal) be disqualified from
naturalization.
or some
special officer designated for the purpose should be
empowered to require proof satisfactory to such Court
or Officer of the required residence and of the respectable
character of the applicant for naturalization; and that, as a
guide to their decision on this point, persons having been
convicted of Treason Felony, rape, Forgery, or any other
infamous crime should (as in Natal) be disqualified from
naturalization.
10. It might be enacted that the Act of Naturalization
should merely confer the rights of a British Subject as regards
rights of property, but that the Governor should be empowered
at his discretion to issue
issue to any such naturalized person a
certificate giving him the political rights of a British
Subject. But probably such partial exclusions in such a
population could not be maintained against the hostile feeling
which they would elicit.
issue to any such naturalized person a
certificate giving him the political rights of a British
Subject. But probably such partial exclusions in such a
population could not be maintained against the hostile feeling
which they would elicit.
11. As a matter of language the 4th clause should give
the alien the rights of a British Subject "within" (not
"while within") the said Colony of British Columbia. The
effect of introducing the word "while" would be (if the
provision were valid) (1) that the naturalized person "while"
within British Columbia would have the rights of a British
Subject elsewhere (a privilege which the Colonial Legislature
cannot confer) and (2) that while absent
absent from the Colony
his rights of holding property within it would be dormant
(which is not intended). The word "while" therefore should be omitted.
absent from the Colony
his rights of holding property within it would be dormant
(which is not intended). The word "while" therefore should be omitted.
12. The Proclamation respecting Oaths (which I have
numbered as No 2) may I conceive be properly sanctioned.
14. No 4 and 5 respecting Tonnage and Passage
and other dues on Shipping should be referred to the Board of Trade.
15. I am aware of no objection to No 6 imposing
fees on Licences. The rates
rates are—
Spirit Shop in Town £25 per annum
Do in Country 10 "
Wholesale sale of liquor 10 "
Other Trades £1 per quarter
Occupation of Crown Lands for purposes of Trade 10s/ a month. But as a revenue Act I presume it should be communicated to the Treasury. The ta= on Spirit Shops has been lowered because a duty has been imposed on Spirits.
rates are—
Spirit Shop in Town £25 per annum
Do in Country 10 "
Wholesale sale of liquor 10 "
Other Trades £1 per quarter
Occupation of Crown Lands for purposes of Trade 10s/ a month. But as a revenue Act I presume it should be communicated to the Treasury. The ta= on Spirit Shops has been lowered because a duty has been imposed on Spirits.
16. No 7 "The Gold Fields Act" is clearly framed and
appears a sensible Act. The subject is of sufficient interest
to make it proper that I should state the leading provisions
of the Law.
17. The Governor may appoint Gold Commissioners who within
certain
certain districts may issue "free miners licences" authorizing the
holders to mine upon Crown Lands, and may register "claims"
(i.e. allotments of auriferous land to individual miners)
£1 is to be paid for a Free Miners Licence and 4s/ for the
registration of a claim, each is valid for a year.
certain districts may issue "free miners licences" authorizing the
holders to mine upon Crown Lands, and may register "claims"
(i.e. allotments of auriferous land to individual miners)
£1 is to be paid for a Free Miners Licence and 4s/ for the
registration of a claim, each is valid for a year.
18. The Gold Commissioner is to be a Justice of the Peace
with power to try and settle summarily all mining disputes and
abate encroachments. He is sole judge of law and fact, subject
to an appeal to the Supreme Court when in Civil cases the value
of the matter in dispute exceeds £20 or when in Criminal matters
the fine exceeds that sum or the imprisonment exceeds 30 days
days.
He may also mark out plots of 5 acres for the occupation of
the Miners as Gardens or residences, and other plots for the
occupation of traders.
days.
He may also mark out plots of 5 acres for the occupation of
the Miners as Gardens or residences, and other plots for the
occupation of traders.
19. The Governor may also lease auriferous lands under
regulations to be prescribed by himself.
20. On the petition of 100 Free Miners in any district the
Governor may establish a "Mining Board" to consist of from 6 to
12 persons elected by the Miners. A majority of the Board with
concurrence of the Gold Commissioner, or two thirds without
that concurrence may make bye laws respecting the size of claims,
sluices, registration and mining matters generally. Three Members
Members
retire annually. A person convicted (after his election) of
misdemeanour, felony, or assault with a deadly weapon vacates his
office and is not re eligible. The Governor may dissolve the Board
or in the absence of a Board may make bye Laws for the above purposes.
Members
retire annually. A person convicted (after his election) of
misdemeanour, felony, or assault with a deadly weapon vacates his
office and is not re eligible. The Governor may dissolve the Board
or in the absence of a Board may make bye Laws for the above purposes.
21. Pending the constitution of these Boards the Governor has
issued a set of regulations of which a copy is transmitted
with the Act.
22. The size of registered claims is to be, under these
regulations,
in dry diggings 25 x 30 feet
in bar or river diggings 25 "
in breadth from the highest line to which the river rises in flood indefinitely into the stream in
in ravine diggings 100 feet along the auriferous vein.
in dry diggings 25 x 30 feet
in bar or river diggings 25 "
in breadth from the highest line to which the river rises in flood indefinitely into the stream in
in ravine diggings 100 feet along the auriferous vein.
Discoverers have a right to an increased allotment varying
from 1 1/2 to 2 ordinary claims.
23. Provision is made for letting "exclusive water privilege"
which seems to be the right of bringing water from a given stream
into particular diggings. On this privilege a rent is payable to
Government equal to one days estimated receipts per month and the
privileged person is bound to supply all Miners with water and not
to waste it. Walls 3 feet thick are to be left between claims.
24. Leases of auriferous land may be
be made for periods not
exceeding 70 years and of spaces not exceeding 10 acres in dry
diggings and in river or ravine diggings 1/2 mile in length of
unmarked or 1 1/2 mile of abandoned diggings.
be made for periods not
exceeding 70 years and of spaces not exceeding 10 acres in dry
diggings and in river or ravine diggings 1/2 mile in length of
unmarked or 1 1/2 mile of abandoned diggings.
Other documents included in the file
Draft, Merivale to J. Booth, Board of Trade, 6 December 1859,
forwarding transcripts of three laws enacted by the government of
British Columbia for opinion.
Merivale to G.A. Hamilton, Treasury, 6 December 1859,
forwarding transcripts of two laws enacted by the government
of British Columbia for opinion.