Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Farrer, Thomas Henry to Rogers, Frederic 8 September 1864, CO 60:20, no. 8417, 138.
Abstract
Public Offices document.
Minutes (4), Other documents (1).
Farrer sends the Board of Trade’s remarks on an Ordinance regulating inland navigation in British Columbia. Rogers minutes instructions to inform the Board of Trade that the Act can’t be confirmed until the BC Legislature makes the changes recommended by the board.
Farrer to Rogers (Permanent Under-Secretary)
I am directed by the Lords of the Committee of Privy Council
for Trade to acknowledge the receipt of your letter of the 27th
August accompanied by a copy of a despatch from the Governor of
British Columbia enclosing an ordinance of the Colonial Legislature
for the regulation of the inland navigation of British Columbia
together with the observations of the local Attorney General upon
itand
and requesting to be informed whether this Board see any
objection to confirming the ordinance in question.
and requesting to be informed whether this Board see any
objection to confirming the ordinance in question.
In reply I am to acquaint you that this Board see no reason
on account of the circumstances stated in the letter of the
Governor which should induce them to advise the Secretary of
State to disallow the ordinance. That ordinance appears to be
in conformity with the legislation of the United Kingdom and
the objections of the Governor on the grounds of policy seem to
this Board to be of a kind which can be appreciated by the
Secretary of State alone.
As
As regards the details I am to observe
1st That "The Merchant Shipping Act, 1854," which the
ordinance adopts, has been altered in various respects by
amendment Acts—copies of which are sent herewith for the
Governor's information. His attention should be especially
called to the last Amendment Act; viz: that of 1862.
2ndly As regard Clause 6 of the ordinance I am to
call attention to the new rules, copy of which is sent herewith,
for preventing collisions and to state that it is important
that these rules should be uniform and that in issuing rules
under section 6 of this ordinance these rules should be adopted.
My
My Lords consider this to be a point of great importance
since the rules have been adopted by all maritime nations
and since in the case of North America we have agreed with
the Government of the United States to apply them to the
inland waters as well as to the sea. If any special rules
are required for any particular river which is within the
colony they should be strictly confined to that river.
3rdly As regards clause IV taken in connection with
clauses XVI & XVII I am to draw attention to the fact that
Clause IV empowers the Governor to enable aliens to own
certain British ships. This appears to be contrary to the
letterof
of section 18 of the Imperial Act, which requires
that British ships shall be British owned.
of section 18 of the Imperial Act, which requires
that British ships shall be British owned.
I am also to point out that if it is intended that the
ordinance shall operate to repeal the Imperial Act as regards
certain vessels registered in the colony by virtue of the
powers contained in Section 547 of that Act the repeal ought
to be confined to vessels which by no possibility can go
beyond the limits of the rivers or lakes contained within
the colony and which therefore cannot come in contact with
foreign vessels or have anything to do with foreign laws or
jurisdiction. But it seems doubtful whether if this is
intendedit
it should not be more clearly expressed.
it should not be more clearly expressed.
Minutes by CO staff
Mr Elliot
As the Governors opinion is not decidedly adverse to this measure—saying that he (merely) thinks it premature & finally does not recommend its total disallowance, I should consider it best to give the Act a trial. If Mr Cardwell decides on sanctioning the Ordinance the remarks contained in this Letter shd be sent to the Govr for his informn. Send also the vol. of mercht shipping Acts, which accompanied this Letter.
As the Governors opinion is not decidedly adverse to this measure—saying that he (merely) thinks it premature & finally does not recommend its total disallowance, I should consider it best to give the Act a trial. If Mr Cardwell decides on sanctioning the Ordinance the remarks contained in this Letter shd be sent to the Govr for his informn. Send also the vol. of mercht shipping Acts, which accompanied this Letter.
ABd
12 Sepr
Sir F. Rogers
See Minute annexed.
See Minute annexed.
TFE
17/9
Sir F. Rogers
The Legislature of British Columbia enacts rules for regulating Inland Navigation, founded on our English rules. Of course therefore the Board of Trade cannot object. But the new Governor thinks that the rules are unsuited to so new a Community, a point which the Board of Trade truly observe is for the consideration of the Secretary of State. I should be disposed to send out the Board of Trade letter and to tell the Governor that the Secretary of State cannot object to the rules in themselves, but that if he finds that in practice they are too strict to be conveniently enforced in a new Country, it will be for him to propose the amendment which the Law appears to him to require.
The Legislature of British Columbia enacts rules for regulating Inland Navigation, founded on our English rules. Of course therefore the Board of Trade cannot object. But the new Governor thinks that the rules are unsuited to so new a Community, a point which the Board of Trade truly observe is for the consideration of the Secretary of State. I should be disposed to send out the Board of Trade letter and to tell the Governor that the Secretary of State cannot object to the rules in themselves, but that if he finds that in practice they are too strict to be conveniently enforced in a new Country, it will be for him to propose the amendment which the Law appears to him to require.
TFE
17 Sept
Send the B of T. report and observe first that the
Act cannot be confirmed by HM till the BC Legislature
has made the alterations indicated by the B of T. as
necessary to bring the Act into conformity with Imperial
Law. And that it must therefore be at any rate reenacted
with these amendments. Then state (virtually as proposed
by Mr Elliot) that the Secretary of State can have no
objection to these rules adopted as they are from the
English Law—that Mr Seymour will of course
take care that his views on the subject are known to the
Members of the Legr
but that in case the Council
shd continue to consider the rules advisable for
the public safety it will not in Mr C's opinion be
judicious on the grounds alleged by Mr S. to refuse
the Royal Assent to the law embodying their decision.
but that in case the Council
shd continue to consider the rules advisable for
the public safety it will not in Mr C's opinion be
judicious on the grounds alleged by Mr S. to refuse
the Royal Assent to the law embodying their decision.
Other documents included in the file
Draft reply, Cardwell to Seymour, No. 36, 27 September 1864forwarding the Board of Trade’s report on the Ordinance.