No. 26
9 May 1863
I have the honour to acknowledge the receipt of Your Grace's Despatches No 5 and 6 of the 17th and 22nd January last, acquainting me that Proclamations Nos 3, 4, and 8, and the "DitchesRulesManuscript image Rules and Regulations" which were transmitted in my Despatch No 46 of the 4th November 1862 had received Her Majesty's approval and confirmation.
2. The Sunday Observance Act No 6 has been forwarded to the Attorney General in order that the necessary Schedule may be appended, and will be transmitted to Your Grace in due course.
3. I have to explainwithManuscript image with respect to Proclamation No 7 (Lytton Alexandria Toll Act 1862) which as Your Grace observes "taxes water carriage for the improvement of land carriage," that the Act in question was passed at the request and for the protection of the Contractor, who had undertaken to construct the road at his own expense in consideration of a Charter empowering him to levy a toll of one half penny a pound on all goods&cManuscript image &c passing along the road, as his sole means of reimbursement.
4. He represented that persons sought to evade the tax by crossing the River above Lytton or by going a short distance up the River by boat, and striking the contractors road beyond the Toll collectors station. The attention of Government was also strongly called totheManuscript image the fact through the Toll Collector and the resident Magistrate of Lytton.
5. To put a stop to a practise that would inevitably have imposed a great loss on the Contractor and ultimately on the Government the provisions of the Act which appear objectionable to Your Grace were made applicable to all goods whether carried by land or by water. ThiswouldManuscript image would have been neither just nor politic, had there existed a practicable water communication, but there being no navigable Rivers between Lytton and Alexandria, and all goods being conveyed between those places exclusively by land, there was practically no injustice in the course pursued, as it does not affect the interest of any persons other than those seeking toevadeManuscript image evade the toll.
6. Trusting that this explanation may satisfy Your Grace as to the expediency of the Act, and that it may receive Her Majesty's approval.
I have the honor to be
My Lord Duke
Your Grace's most obedient
Humble Servant
James Douglas
Minutes by CO staff
Manuscript image
ABd 29/6
TFE 29/6
I think that with this explanation the Act may be sanctioned—no petitions having (I apprehend)
Mr Blackwood I assume this is so?
FR
Quite right.
CF 1 July
N 2
been received agst it.
Other documents included in the file
Manuscript image
Draft reply, Newcastle to Douglas, No. 32, 8 July 1863.
Douglas, James to Pelham-Clinton, Henry Pelham Fiennes 9 May 1863, CO 60:15, no. 6332, 256. The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.2, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/B63026.html.

Last modified: 2020-12-02 13:40:34 -0800 (Wed, 02 Dec 2020) (SVN revision: 5008)