Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, James to Pelham-Clinton, Henry Pelham Fiennes 23 November 1863, CO 60:16, no. 871, 314.
Abstract
Despatch to London.
Minutes (7), Enclosures (untranscribed) (3), Other documents (1), Marginalia (1).
No. 71, Legislative
23 November 1863
I have the honor of transmitting herewith the following
Acts with the accompanying reports of the Attorney General
for Her Majesty's approval. vizt:
No 10
No 10 The "Alexandra Bridge Toll Act 1863"
No 11 "New Westminster Municipal Extension Act 1863"
No 12 "Crown Officers Salaries Act 1863"
No 10
No 10 The "Alexandra Bridge Toll Act 1863"
No 11 "New Westminster Municipal Extension Act 1863"
No 12 "Crown Officers Salaries Act 1863"
2. The Attorney General's reports are so full and precise
that there remains little for me to add in regard to the
principle or objects of these Acts; I would however draw
your Grace's attentionto
to the unusual condition in the
"Alexandra Bridge Toll Act" granting to the Contractor rights of
tolls on goods passing under as well as over the Bridge.
to the unusual condition in the
"Alexandra Bridge Toll Act" granting to the Contractor rights of
tolls on goods passing under as well as over the Bridge.
3. I have to offer in explanation that the "Fraser"
though always dangerous, and from Yale upwards to Alexandria,
not continuously navigable at any season, ispartially
partially so
every year for a few weeks, at the low stage of water in
spring and winter. Goods in considerable quantities have
always been forwarded by water from Yale to Lytton at that
season, both on account of the cheapness of water carriage
compared with the cost of transport by the formermountain
mountain
trails—and of the insufficiency of means by land carriage
alone, to supply the demands of the trade.
partially so
every year for a few weeks, at the low stage of water in
spring and winter. Goods in considerable quantities have
always been forwarded by water from Yale to Lytton at that
season, both on account of the cheapness of water carriage
compared with the cost of transport by the formermountain
mountain
trails—and of the insufficiency of means by land carriage
alone, to supply the demands of the trade.
4. In negotiating with the Bridge Contractor he represented
that the Tolls we proposed to grant on goods passing over
the Bridge would not yield an adequate remuneration for the
outlay—and positivelyobjected
objected to incur the expense, unless
all goods whether passing by land or water-borne should be
charged with Toll, and there was no alternative but to yield
the point—or to give up the Bridge, which is an indispensable
adjunct to the road. I was further influenced by the consideration,
that the completion of the carriageroad
road would cause so great
a reduction in the cost, and so much increase the facilities
of transport that the concession would not be felt as a
sacrifice, and that together with the dangerous character of
the River, and the distressing loss of life and property
continually occurring from accidents in the rapids, will I
should thinkaltogether
altogether remove the inducements to forward
goods by water, a view in which I am fully supported by public
opinion in the Colony.
objected to incur the expense, unless
all goods whether passing by land or water-borne should be
charged with Toll, and there was no alternative but to yield
the point—or to give up the Bridge, which is an indispensable
adjunct to the road. I was further influenced by the consideration,
that the completion of the carriageroad
road would cause so great
a reduction in the cost, and so much increase the facilities
of transport that the concession would not be felt as a
sacrifice, and that together with the dangerous character of
the River, and the distressing loss of life and property
continually occurring from accidents in the rapids, will I
should thinkaltogether
altogether remove the inducements to forward
goods by water, a view in which I am fully supported by public
opinion in the Colony.
5. The New Westminster Municipal Extension Act No 3
was passed at the instance of a majority of the inhabitants
possessing lots in Suburban Blocks V, VI, and VII, their object
beingto
to enforce, as a general measure, under the Municipal
regulations the felling and removal of the trees and Brush-wood
on these lots—a measure which will conduce to the comfort of
all concerned, and relieve them from the danger arising in dry
weather, from conflagrations of the forest.
to enforce, as a general measure, under the Municipal
regulations the felling and removal of the trees and Brush-wood
on these lots—a measure which will conduce to the comfort of
all concerned, and relieve them from the danger arising in dry
weather, from conflagrations of the forest.
6. "The Crown Officers"Salaries"
Salaries Act 1863" has been prepared
in conformity with the instructions contained in Your Grace's
Despatch "Separate" of the 15th June last.
Salaries Act 1863" has been prepared
in conformity with the instructions contained in Your Grace's
Despatch "Separate" of the 15th June last.
Minutes by CO staff
Mr E.
Sir F. Rogers
The salaries assigned by the Act (62) correspond with those directed by the S.S. instructions. I observe that the Act provides for a residence for the Governor "properly furnished." We must howr confine him, as indeed we have already done, to obtaining furniture at the expense of the Colony for the reception rooms only; otherwise we shall create an awkward precedent. See 239/64.
The salaries assigned by the Act (62) correspond with those directed by the S.S. instructions. I observe that the Act provides for a residence for the Governor "properly furnished." We must howr confine him, as indeed we have already done, to obtaining furniture at the expense of the Colony for the reception rooms only; otherwise we shall create an awkward precedent. See 239/64.
ABd
1 Feb
Sir F. Rogers
When we acted on 239
B. Columbia, we were obliged to
confine ourselves to the letter of the Colonial Regulations,
because we had no opportunity of previous communication
with the Colony. We could not without their concurrence
assume that they could do more than is required by strict
regulation. But I have heard of other Colonies' furnishing
the Govt House entirely, and indeed so well are some
such instances known, that Mr Seymour himself mentioned
one to me and told me that he understood it was not improbable
that B. Columbia would follow the example. I know no
reason at all why a Colony which is willing to do so should
not be allowed to defray the expense of all the furniture
of the Govt House. Governors are heavily taxed in going
to a new post, and every alleviation should in my opinion be encouraged.
The precedent cannot hurt us, because in the
case of any Colony which does not make the same provision,
we have merely to inform the Governor of the fact.
When we acted on 239
B. Columbia, we were obliged to
confine ourselves to the letter of the Colonial Regulations,
because we had no opportunity of previous communication
with the Colony. We could not without their concurrence
assume that they could do more than is required by strict
regulation. But I have heard of other Colonies' furnishing
the Govt House entirely, and indeed so well are some
such instances known, that Mr Seymour himself mentioned
one to me and told me that he understood it was not improbable
that B. Columbia would follow the example. I know no
reason at all why a Colony which is willing to do so should
not be allowed to defray the expense of all the furniture
of the Govt House. Governors are heavily taxed in going
to a new post, and every alleviation should in my opinion be encouraged.
I agree.
TFE
3 Feb
Mr Blackwood
As to the first Proclamation, I shd be glad to know whether the agreement on which it is based was sent home & approved.
As to the first Proclamation, I shd be glad to know whether the agreement on which it is based was sent home & approved.
Mr Fortescue
I am aware of no legal objection to the Proclamation No 10, but agreements for these purposes shd be reported home when made. It may be impossible (and probably is) to delay their practical completion, but HMG shd be placed in a position to express disapproval (if they do disapprove) of so strange an arrangement as taxing water carriage for the support of a bridge, so as to stop the precedent. I would express an opinion to this effect and sanction the arrangement in reliance on Mr Douglas' judgement as to its necessity, observing that such anomalous expedients could only be justified by exceptional emergencies. Sanction 11 & 12, as to the latter I agree with Mr Elliot. Let Mr Seymour see the whole.
I am aware of no legal objection to the Proclamation No 10, but agreements for these purposes shd be reported home when made. It may be impossible (and probably is) to delay their practical completion, but HMG shd be placed in a position to express disapproval (if they do disapprove) of so strange an arrangement as taxing water carriage for the support of a bridge, so as to stop the precedent. I would express an opinion to this effect and sanction the arrangement in reliance on Mr Douglas' judgement as to its necessity, observing that such anomalous expedients could only be justified by exceptional emergencies. Sanction 11 & 12, as to the latter I agree with Mr Elliot. Let Mr Seymour see the whole.
Documents enclosed with the main document (not transcribed)
H.P.P. Crease, Attorney General, to Colonial Secretary, 30 August
1863, reporting on the Alexandra Bridge Toll Act 1863.
Crease to Colonial Secretary, 7 September 1863, reporting on the
New Westminster Municipal Extension Act No. 3.
