No. 75
30th November 1864
I had the honor to receive when in London a despatch from the Duke of Newcastle dated the 16th of January 1864, directing me, when I had been sufficiently long in the Colony to form an opinion, to report upon the presentarrangementManuscript image arrangement by which the Colonial Secretary succeeds to the Administration of the Government in the event of the death or absence of the Governor.
2. Having now been eight months in the Colony, I have the honor to report that not only do I consider the Colonial Secretary to be the proper officer to succeed to such administration, but that I likewise think Mr Arthur Birch to be the best man for the succession.
IManuscript image
I have the honor to be
Your most obedient
humble Servant
Frederick Seymour
Minutes by CO staff
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Chief Clerk
ABd 13 Feb
Mr Elliot
On this report it will probably be decided simply to leave to its operation the R. Instructions which provide for casual Administration of the Government by the Colonial Secretary?
GG 14 Feby
Ackne & state that no alteration will be made.
FR 14/2
CF 15
EC 20
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Sir F. Rogers
There is one point connected rather with Colonel Moody's retirement from the Service of British Columbia than with the appointment of his Successor to which I ought perhaps to call your attention.
Lt Colonel Moody had a Lieut Governors Commission which of course falls to the ground with hisManuscript image removal from the Colony. The Governor's Commission provides, that, on the death or absence &c of the Governor, the Government shall be administered by such Lieut Governor or other person as shall be specially appointed for that purpose, and that, if there be not in the Colony any person so appointed, then by the Senior Member of the Executive Council. The Member whose name stands first in the Royal Instructions is the Colonial Secretary. Is it intended to grant to Captain Luard, or to any other officer a Lieut Governor's, or an Administrator's Commission?
GG 28 Decr
Mr Elliot
This touches you rather than me. I shd be disposed to send out Seymour with instructions to report his opinion, as soon as he saw his way.
FR 28/12
Mr Fortescue
I have nothing to add. I see nothing to object to in the Governor's going out with the arrangement as is now stands.
TFE 4 Jany
Duke of Newcastle
Situated as the two Colonies of V. Isd & B.C. are, it wd. seem a natural arrangement, that either Governor sh. be appointed to administer the Govt of the other Colony, in caseManuscript image of the death or absence of its Governor.
CF 5
I doubt whether this would be convenient when there are separate Govt Establishments—especially as, in those remote Countries, the interregnum would be likely to be long.
Better let the Govr report as soon as he can after arrival.
N 7
Other documents included in the file
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Draft reply, Newcastle to Seymour, Separate, 16 January 1864, informing Seymour that Moody once held the position of Lieutenant Governor of British Columbia and would perform the duties of the Governor in his absence, but because Moody left the country and there is no Lieutenant Governor, Seymour’s approach works for the temporary administration of the Government.
Minutes by CO staff
This would be in date after that of the Governor's Commission.
Sir F. Rogers
I have modified the last words with the view of leaving the matter wholly as an open question, which I believe is what is intended?
TFE 9/1
Other documents included in the file
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Draft reply, Cardwell to Seymour, Separate, 25 February 1865, approving of Seymour’s recommendation.