Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Frederick to Cardwell, Edward 25 September 1864, CO 60:19, no. 10950, 273.
Abstract
Despatch to London.
Minutes (5), Other documents (1), Marginalia (1).
Seymour raises his concerns over
the eighth Clauseof his Instructions commanding the Governor to consult his Executive Council on matters of
importance.Seymour contends that this clause limits the Governor’s ability to act in
urgent cases.Gairdner minutes his assessment that Seymour may be
raising a difficulty where none really exists.
No. 51
25th September 1864
Sir,
I would very respectfully beg to call your attention to
the eighth Clause of the Instructions under date of the 11th
of January 1864, with which I have been honored by Her Majesty.
That Clause commands me to bring every matter of importance under
the consideration of the Executive Councilunless
unless Her Majesty's
Service "would sustain material prejudice by consulting the said
Council thereon." This command it appears to me tends to diminish
the unity of the Government more than you may probably consider
desirable. In urgent cases where he has to act at once, the
Governor's position in regard to the Council is still more embarrassing
as he must "at the earliest practicable period, communicate to the
said Executive Council the measures" the Governor "may have so
adopted, with the reasons thereof," thus inviting the criticism
of his own public officers on the Governor's Acts.
2. In
unless Her Majesty's
Service "would sustain material prejudice by consulting the said
Council thereon." This command it appears to me tends to diminish
the unity of the Government more than you may probably consider
desirable. In urgent cases where he has to act at once, the
Governor's position in regard to the Council is still more embarrassing
as he must "at the earliest practicable period, communicate to the
said Executive Council the measures" the Governor "may have so
adopted, with the reasons thereof," thus inviting the criticism
of his own public officers on the Governor's Acts.
2. In the ninth Clause it is ordered that nothing shall be
taken into consideration in the Council unless proposed by the
Governor, "Provided, that if any Member shall, by application in
writing, request you so to propose any question, it shall be
competent for any such member to record upon the said minutes such
his written application together with the answer which may be
returned by you to the same." The fourth Clause commands me
to communicate the Instructions which I receive to the Executive Council.
With a qualification.
3. The Executive Council of this Colony, being, with the
exception ofthe
the Colonial Secretary, new to business have taken
these Instructions as giving them a right to interfere even in
questions of patronage, and to bring forward for discussion matters
which I choose to reserve from them. I am perfectly willing to place
on the Minutes their applications and my reasons for declining to
comply with them, but my officers shrink from this apparent
antagonism with the local head of the Government.
the Colonial Secretary, new to business have taken
these Instructions as giving them a right to interfere even in
questions of patronage, and to bring forward for discussion matters
which I choose to reserve from them. I am perfectly willing to place
on the Minutes their applications and my reasons for declining to
comply with them, but my officers shrink from this apparent
antagonism with the local head of the Government.
4. I apprehend no difficulty from the Gentleman to whom this
despatch refers but I have thought it proper to mention to you, that
I propose, unless ordered to the contraryby
by you to give a wide
interpretation to the command to reserve from the Council matters
the consideration of which with that body would "materially prejudice"
Her Majesty's Service. I am of opinion that until more liberal
Legislative Institutions are given, the Officer Administering
should in most cases act with promptitude, on his own responsibility,
and that it would "materially prejudice" Her Majesty's Service, were
he on the contrary, to bring forward every matter of moment for
discussion.
by you to give a wide
interpretation to the command to reserve from the Council matters
the consideration of which with that body would "materially prejudice"
Her Majesty's Service. I am of opinion that until more liberal
Legislative Institutions are given, the Officer Administering
should in most cases act with promptitude, on his own responsibility,
and that it would "materially prejudice" Her Majesty's Service, were
he on the contrary, to bring forward every matter of moment for
discussion.
5. I may mention in support of this view, that I received
severaldespatches
despatches in Honduras directing me in matters of importance,
such as the deporting persons on suspicion, under a law peculiar
to that Colony, not to consult the Council but to act alone.
despatches in Honduras directing me in matters of importance,
such as the deporting persons on suspicion, under a law peculiar
to that Colony, not to consult the Council but to act alone.
6. In each of the cases to which I allude the Colonial Secretary
concurred with me that it was not a proper one to bring before the
Council.
Minutes by CO staff
TFE
29/11
Sir F. Rogers
See separate Minute.
See separate Minute.
GG
2 Decr
By the 8 Clause of his Instructions, he, like other
Governors, is directed to consult his Executive Council in
all cases excepting when 1. The matters in question shall
be of such a nature, that, in his judgement the Queen's
service would suffer material prejudice from such consultation or
2. Shall be too unimportant
to require their advice or
3. Too urgent to admit of such advice being asked for from
the Council before the time within which it may be necessary
to act in such matter: in which latter case the Govr is,
at the earliest practicable period, to communicate to the
Council the measures which he may have adopted with the
reasons thereof.
to require their advice or
3. Too urgent to admit of such advice being asked for from
the Council before the time within which it may be necessary
to act in such matter: in which latter case the Govr is,
at the earliest practicable period, to communicate to the
Council the measures which he may have adopted with the
reasons thereof.
To these provisions Mr Seymour objects that the first
direction "tends to diminish the unity of
the Government,"
and that the 3rd invites "the criticism of his own Public
Officers on the Governor's Acts." What he means by the
destruction of the Unity of his Government is perhaps not
very plain; but the chief object in establishing an Executive
Council, the Members of which are sworn to advise the
Governor faithfully, was, that in all important matters he
should be aided, but not governed, by their advice. He is
allowed
a free discretion as to those subjects which he may
consider too unimportant to require their advice.
the Government,"
and that the 3rd invites "the criticism of his own Public
Officers on the Governor's Acts." What he means by the
destruction of the Unity of his Government is perhaps not
very plain; but the chief object in establishing an Executive
Council, the Members of which are sworn to advise the
Governor faithfully, was, that in all important matters he
should be aided, but not governed, by their advice. He is
allowed
a free discretion as to those subjects which he may
consider too unimportant to require their advice.
No question is to be brought before the Council for
their advice (Clause 9) or decision excepting those only
which may be proposed by the Governor himself for that
purpose, and he may even then act in opposition (Clause 10)
to their opinions by reporting to the Secretary of State
the grounds for so doing. A member may, as the Governor
points out, request him (Clause 9) by writing to propose any
question
for debate and such application and the answer
thereto are to be recorded in the Minutes.
for debate and such application and the answer
thereto are to be recorded in the Minutes.
The Governor is instructed by Clause 4 to communicate
to the Council the B. Instructions themselves, and likewise
such others, from time to time, in the execution of which
their consent and concurrence are requisite, "and which
you shall find convenient for Our Service to be imparted to them."
He could hardly be directed to do less, but
Mr Seymour
appears to take exception at that provision.
Mr Seymour
appears to take exception at that provision.
These provisions form a part of the general Instructions
to every Governor who has to act with an established Executive
Council. I have never before known such exceptions taken,
and it appears to me that if the Council is to be anything more than a
mere formality the Members could not have less freedom of action.
GG
2 Decr
I agree with Mr Gairdner that this is an unnecessary difficulty,
and I shd be inclined to let Mr Seymour see by the tone
of the ansr that Mr Cardwell thought it so.
Ackne observe that the Instructions leave it to the
Govr to judge for himself when the advantage of the public
service requires him to act witht consulting his Exe Council
and that it is impossible for Mr C. witht reference to a
particular case to say whether Mr S. will be right or
wrong in giving a large interpretation to the
Instructions,
add however that it is undoubtless intended that the necessity
of communicating his proceedings to his Council should have
the effect of rendering him circumspect in those proceedings
but that this necessity has not been found to be productive
of difficulty or inconvenience in any other Colony.
Instructions,
add however that it is undoubtless intended that the necessity
of communicating his proceedings to his Council should have
the effect of rendering him circumspect in those proceedings
but that this necessity has not been found to be productive
of difficulty or inconvenience in any other Colony.
