Phillimore to Carnarvon
Doctors Commons
July 27th 1866
My Lord,
I am honoured with Your Lordship's commands as signified in Sir Frederic Rogers's letter of the 23rd instant, stating that with reference to my letter of the 4th of October last on the subject of the Marriage Ordinance passed by the Legislature of British Columbia, he was directed by Your Lordship to transmit to me a copy of a Despatch which Your Lordship's Predecessor addressed to the Governor of the Colony, together with a copy ofaManuscript image a Confidential Report of the local Attorney General on the questions raised in that despatch. And Sir Frederic Rogers was to request that I would furnish Your Lordship with my opinion whether the explanation afforded by the Attorney General of British Columbia removes any doubts I may have entertained as to the propriety of submitting the Ordinance for Her Majesty's confirmation.
In obedience to Your Lordship's commands, I have the honour to Report,
That it appears from the opinion of the Attorney General ofColumbia that the difficultywhichManuscript image which I had felt about the operation of this Act on the Indian community has been generally considered by the Columbian Authorities, and though the question raised in my former report, as to the operation of the 17th Section on Indian Marriages, is not perhaps directly answered, I think it does appear that the Act will be beneficial on the whole to Columbia, and that the special difficulty as to the Indian Marriages cannot be immediately and completely overcome by any legislation, while there is a reasonable prospect thateventuallyManuscript image eventually such Marriages will be brought within the reach of the provisions of this Act.
I have the honor to be,
My Lord,
Your Lordship's most obedient,
humble Servant,
Robert Phillimore
Minutes by CO staff
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ABd 28 July
The Queens advocate is satisfied—& I do not think any objection is worth insisting upon—therefore I wd sanction the Ordce.
FR 31/7
There is a risk — as expressed in Sir F. Rogers previous min — in not requiring the registration of places of worship where marriages may be solemnized that there may be insufficient notice & record of the ceremony. There is also I suppose under the circumstances of B. Columbia risk, in requiring too much in respect of the licensing of such places, that marriages will not be solemnized at all.
The Ordinance is clearly imperfect on this point & I sd have been glad if some additional precaution cd have been taken. But I suppose under the difficulties of the case we must accept it as it stands.
C 4 Aug
Other documents included in the file
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Draft reply, Carnarvon to Officer Administering the Government, No. 5, 15 August 1866, reporting the the Queen is "graciously pleased" to "allow" an order titled "An order respg Marriage in British Columbia."
Phillimore, Robert to Carnarvon, Earl 27 July 1866, CO 60:26, no. 7187, 86. The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.2, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/B665LW01.html.

Last modified: 2020-12-02 13:40:34 -0800 (Wed, 02 Dec 2020) (SVN revision: 5008)