Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, James to Pelham-Clinton, Henry Pelham Fiennes 4 April 1864, CO 60:18, no. 5063, 82.
Abstract
Despatch to London.
Minutes (6), Enclosures (untranscribed) (3), Other documents (2), Marginalia (1).
Douglas transmits three ordinances with accompanying reports from the Attorney General for
Her Majesty's approval.Ordinances include:
An Ordinance for the amendment of the Licences Act 1859,
An Ordinance to authorize the introduction of Steam Traction Engines into British Columbia,and
An Ordinance to encourage the construction of a Telegraph Line connecting British Columbia with the telegraph lines of the United States, and for other purposes.The Colonial Office’s minutes delineate their evaluations of the ordinances.
No. 14, Legislative
Government House
New Westminster
4 April 1864
New Westminster
My Lord Duke,
I have the honor of transmitting the following
Ordinances for Her Majesty's approval, with the accompanying
Reports from the Attorney General.
No 6. An Ordinancefor
for the amendment of the Licences
Act 1859.
for the amendment of the Licences
Act 1859.
No 8. An Ordinance to authorize the introduction of
Steam Traction Engines into British Columbia.
No 9. An Ordinance to encourage the construction of a
Telegraph Line connecting British Columbia with the telegraph
lines of the United States, and for other purposes.
2. No 6.
2. No 6. An Ordinance for the amendment of the Licences
Act 1859.
The object of this Ordinance is to authorize the
enforcement of penalties for infractions of the Licences Act,
a power not given in the Original Act. This Ordinance also
imposes a Licence Fee, not hitherto levied, on all persons
selling goods by auction, and it confines the tax to the
House or Firm, insteadof
of levying it on each person concerned
in the profits, a practice which was found to be oppressive,
especially in the case of petty Firms doing a small business
under the management of several partners.
of levying it on each person concerned
in the profits, a practice which was found to be oppressive,
especially in the case of petty Firms doing a small business
under the management of several partners.
3. No 8. An Ordinance to authorize the introduction
of Steam Traction Engines into British Columbia.
This is a scheme for employing Steam, instead of
animal, power incarrying
carrying on the land transport of the Colony.
carrying on the land transport of the Colony.
The projectors are well acquainted with the State of
the Roads, and with the Trade and resources of the Colony.
With the full knowledge of these conditions they are prepared
to risk their capital on the issue, without exacting any
exclusive privilege, or advantage, over other carriers, except
that of using Steam Traction Engines in the conveyanceof
of
goods, for the term of twelve months from the date of the
arrival of their Machinery in this Colony; that exclusive
privilege to commence and date, from the 1st day of May 1865.
of
goods, for the term of twelve months from the date of the
arrival of their Machinery in this Colony; that exclusive
privilege to commence and date, from the 1st day of May 1865.
This scheme offers so many prospective advantages to
the public, and will so manifestly promote the great interests
of the Country, that I had no hesitation in acceding to
these very reasonable proposals.
4. No 9.
4. No 9. An Ordinance to encourage the construction
of a Telegraph Line connecting British Columbia with the
telegraph lines of the United States, and, for other purposes.
This Ordinance relates to one of those bold and daring
schemes which will bring the Colony into easy and direct
intercourse with the world of Europe and America, and will
be of the greatest advantage commercially andpolitically
politically
to the public at large. Mr Carpentier, who negotiated this
agreement is the President of the California State Telegraph
Company, which has constructed Lines of Telegraph in that
and the adjoining States and Territories, connecting by a
line of Telegraph across the Continent with the Telegraphic
Systems of the Atlantic States, and of the British Provinces
of North America.
politically
to the public at large. Mr Carpentier, who negotiated this
agreement is the President of the California State Telegraph
Company, which has constructed Lines of Telegraph in that
and the adjoining States and Territories, connecting by a
line of Telegraph across the Continent with the Telegraphic
Systems of the Atlantic States, and of the British Provinces
of North America.
This Company ownsall
all the Telegraph Lines in the United
States, West of the Rocky Mountains, and is prepared,
immediately, to carry out the present project of connecting
New Westminster, by a line of Telegraph with San Francisco.
The work is to be commenced in five months from the passage
of this Act, and to be completed in a further period of
13 months or the Act shall be void.
all the Telegraph Lines in the United
States, West of the Rocky Mountains, and is prepared,
immediately, to carry out the present project of connecting
New Westminster, by a line of Telegraph with San Francisco.
The work is to be commenced in five months from the passage
of this Act, and to be completed in a further period of
13 months or the Act shall be void.
This Ordinance grantsto
to the California Telegraph
Company the exclusive rights, for twenty years, of communicating
by Telegraph between any place in British Columbia and the
Territories of the United States lying West of the Rocky
Mountains, and, at the same time, fixes a maximum rate of
charge for messages transmitted. This exclusive right does
not extend to, or interfere with any Telegraph Lineswithin
within
the Colony, or running across the Continent through British
North America, or elsewhere not within the Territory of the
United States. No other special privilege, whatever, is
granted, either in the way of guarantee, or subsidy; the whole
work is to be executed at the sole risk and expense of the
Telegraph Company.
to the California Telegraph
Company the exclusive rights, for twenty years, of communicating
by Telegraph between any place in British Columbia and the
Territories of the United States lying West of the Rocky
Mountains, and, at the same time, fixes a maximum rate of
charge for messages transmitted. This exclusive right does
not extend to, or interfere with any Telegraph Lineswithin
within
the Colony, or running across the Continent through British
North America, or elsewhere not within the Territory of the
United States. No other special privilege, whatever, is
granted, either in the way of guarantee, or subsidy; the whole
work is to be executed at the sole risk and expense of the
Telegraph Company.
There is no doubt as to the advantages whichthe
the Colony
will derive from the existence of this work, though it is
difficult to see how it can be remunerative to the projectors for some
years to come. I trust it will meet with your Grace's approval.
the Colony
will derive from the existence of this work, though it is
difficult to see how it can be remunerative to the projectors for some
years to come. I trust it will meet with your Grace's approval.
5. The Attorney General enters so fully into the character
of these Ordinances as to render further remarks from me unnecessary.
I
Minutes by CO staff
Mr E.
Sir F. Rogers will remember that Sir E. Head lately directed the attention of the S.S. to a Law said to have been passed by the V.C.I. Legislature giving something in the nature of exclusive privileges to a Telegraph Company similar to this which is proposed to be also established in B.C. under the sanction of Ordinance No 9.
Sir F. Rogers will remember that Sir E. Head lately directed the attention of the S.S. to a Law said to have been passed by the V.C.I. Legislature giving something in the nature of exclusive privileges to a Telegraph Company similar to this which is proposed to be also established in B.C. under the sanction of Ordinance No 9.
Former papers in circulation.
ABd
30 May
TFE
30 May
No 6 Licenses. Sanction. No 7. Here is a monopoly of
the use of Traction Engines but as it is only for one year,
and as it cannot be viewed as affecting any extra Colonial
interest, I wd not object—an observation mt be made
to the above effect adding that the Col Govt will do
well to recollect that the very facility for purchasing an
immediate advantage to the Colony by the grant of exclusive
privileges to the promoting of a private enterprise, renders
it necessary
that they should be peculiarly on their guard
agst the future embarrassment & inconvenience wh is
apt to arise from such a course.
that they should be peculiarly on their guard
agst the future embarrassment & inconvenience wh is
apt to arise from such a course.
The third No 9 is a more serious matter. The 5th
clause (wh shd be carefully read) gives to an
American Compy the exclusive right of carrying on telegraphic
communication "directly or indirectly" between B. Columbia
and that part of the U.S. which lies to the west of the Rocky Mountains.
This supersedes the ansr to Sir E. Head (4601
Vancouvers Island—re-circulated herewith) and raises for
decision in B.C. the question wh that letter
anticipates in
V.C. Island.
anticipates in
V.C. Island.
The evil is that this Act has come into operation, the
Compy is bound to commence its works within 5 months of March
10 (i.e before Septr 10) and will put in a claim for compensation,
if it is arrested in the middle of its preparations.
At the same time I do not see how it is possible to allow
a Colony placed like B. Columbia to absent to itself
this power on Telegraphic communication betn (inter alia) the
Admiralty and the Admiral with Pacific Station; and I assume therefore
that the exclusive right clause must be got rid of.
The question is between
disallowing & directing the repeal. The matter is luckily in
the hands of an intelligent and determined Governor (Mr Seymour).
I should be disposed to write in terms of the annexed draft.
FR
1/6
(Qu. for the department: were the P.P. above alluded to ever
forwarded to Mr Douglas? Please to answer this in circulating
the draft.)
[FR]
The Parly Papers relating to the establishment of
Telegraphic Cies in the Colonies, with exclusive privileges,
were not sent to Van C. Island. At that time (/58) V.C.Id
had attained so little importance (prior to the discovery of
gold in B. Columbia) that it was not the custom of the Dept
to send P.P. there.
Neither have the P.P. been sent to B.C.—which was not
established as a Colony until Augt/58.
ABd
1 June
Documents enclosed with the main document (not transcribed)
H.P.P. Crease, Attorney General, to Colonial Secretary, 24 March
1864, reporting of the Trades Licenses Amendment Act 1864.
Attorney General to Colonial Secretary, 28 March 1864, reporting
on the Steam Traction Act 1864.
Attorney General to Colonial Secretary, 28 March 1864, reporting
on the Telegraph Act 1864.
Other documents included in the file
Minutes by CO staff
I submit this in draft on the chance that it may be
possible to send it out by this Mail.
It appeared it shd be sent to V.C. Island.
