Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Frederick to Carnarvon, Earl 17 January 1867, CO 60:27, no. 2737, 202.
Abstract
Despatch to London.
Minutes (7), Other documents (1), Marginalia (1).
This document contains mentions of Indigenous Peoples. The authors of these documents
often perpetuate a negative perspective of Indigenous Peoples and it is important
to look critically at these mentions. They sometimes use terminology that is now considered
hurtful and offensive. To learn more about modern terminology pertaining to Indigenous
Peoples, Indigenous ways of knowing, and decolonization, please refer to the Glossary of terms.
Seymour reports the legislative council he has
constituted … for the United Colony of British Columbiaand how the legislative council members were selected. Holland’s minute confirms the legality of Seymour’s legislative council.
No. 30
17th January 1867
My Lord,
I have the honor to report that I have constituted a Legislative
Council for the United Colony of British Columbia, as follows:
2. In obedience to HerMajesty's
Majesty's commands I have
re-appointed the Colonial Secretary (Mr Birch) the Attorney
General, (Mr Crease) the Surveyor General, (Mr Trutch) and
the Collector of Customs (Mr Hamley). The Office of Treasurer
is in abeyance on account of my having been compelled under
circumstances detailed in another despatch
to relinquish the
services of Mr Franks. On that Gentleman's departure from the
Colony, I propose as a temporary arrangement toplace
place Mr Young,
late Colonial Secretary of Vancouver Island, in the office of
Treasurer, in order that I may make use of his local knowledge
and experience in the Executive and Legislative Councils.
Majesty's commands I have
re-appointed the Colonial Secretary (Mr Birch) the Attorney
General, (Mr Crease) the Surveyor General, (Mr Trutch) and
the Collector of Customs (Mr Hamley). The Office of Treasurer
is in abeyance on account of my having been compelled under
circumstances detailed in another despatch
to relinquish the
services of Mr Franks. On that Gentleman's departure from the
Colony, I propose as a temporary arrangement toplace
place Mr Young,
late Colonial Secretary of Vancouver Island, in the office of
Treasurer, in order that I may make use of his local knowledge
and experience in the Executive and Legislative Councils.
3. I have further appointed on my own responsibility nine
gentlemen whose names are on the Commission of the peace, to be
members of the Council
1st Mr Wood, late Acting Attorney General of Vancouver
Island, to act as Solicitor Generalduring
during the Legislative
Session at a rate of Salary equal to that which he drew
when holding his late appointment. I think his services
will be valuable in the amalgamation of the Laws of the two
sections of the Colony with which I am now proceeding.
during the Legislative
Session at a rate of Salary equal to that which he drew
when holding his late appointment. I think his services
will be valuable in the amalgamation of the Laws of the two
sections of the Colony with which I am now proceeding.
2nd Mr Henry Ball is one of our ablest Magistrates and
acted successfully as Colonial Secretary during Mr Birch's
temporary administration of the Government.
Mr.
3rd Mr Chartres Brew is the Police Magistrate of New
Westminster. He possesses fully the confidence of the people
and has frequently been mentioned in terms of commendation by
Sir James Douglas & myself.
4th In the appointment of Mr Clement Cornwall, I sought
to represent the agricultural interests and to secure for the
Colony the intelligent but unfettered assistance of an English
Barrister and Gentleman of large stake in the Country. Mr
Cornwall represented the Yale Lytton District in the lateCouncil
Council.
I regret to say that a pressure of private business will prevent
his attendance in Council during the present session. I hardly
know yet whether I shall have to fill up his place. Mr Cornwall
is an unpaid Justice of the Peace.
Council.
I regret to say that a pressure of private business will prevent
his attendance in Council during the present session. I hardly
know yet whether I shall have to fill up his place. Mr Cornwall
is an unpaid Justice of the Peace.
6th Mr William Macdonald is the Mayor of Victoria. I have
placed him in the position of an independent Member of Council as
a markof
of the interest I feel in the welfare of our principal town.
of the interest I feel in the welfare of our principal town.
7th Mr Charles Nicol also comes in as an independent
Magistrate. He is the Manager of the Nanaimo Coal Company and
will with Mr Southgate the popular Member, represent the second
town in Vancouver Island and one of our most important branches of trade.
8th Mr Peter O'Reilly is the Chief Gold Commissioner of the
Colony and one of the best of our PublicOfficers
Officers.
Officers.
9th Mr Edward Sanders is the Stipendiary Magistrate of the
Yale-Lytton district. An efficient and respected Public Officer.
4. I appointed nine seats to be filled on the recommendation
of the People. In this way, five to the Mainland, four to the
Island. The mode of selection was the same as that previously
existing in each section of the Colony. On the Island the old
franchise was retained andthe
the Voters stood on the Electoral Role.
On the Mainland the selections took place previous to My return to
the Colony and were made by Universal Male Suffrage of the
inhabitants assembled in public meeting—Indians and Chinese
however not being allowed to vote.
the Voters stood on the Electoral Role.
On the Mainland the selections took place previous to My return to
the Colony and were made by Universal Male Suffrage of the
inhabitants assembled in public meeting—Indians and Chinese
however not being allowed to vote.
The following is a list of the Gentlemen selected and
appointed.
1st Mr John Sebastian Helmcken is the late Speaker of the
extinct House of Assembly of Vancouver Island although asomewhat
somewhat
vehement politician and disposed to consider principally the
interests of the town of Victoria, I view his return to the
Council with satisfaction.
somewhat
vehement politician and disposed to consider principally the
interests of the town of Victoria, I view his return to the
Council with satisfaction.
2nd Mr John Robson is the President of the Municipal
Council of New Westminster and ardently devoted to the interests of
the town he represents. He is editor of the "British Columbian" a
journal of considerable local influence.
3rd Mr Joseph Despard Pemberton, late Surveyor General of
VancouverIsland
Island represents Victoria District.
Island represents Victoria District.
4th Mr Joseph Southgate, has been selected by the people of
Nanaimo. He is a respectable and intelligent Merchant of Victoria.
6th Mr Robert Thompson Smith, one of our most enterprising
Miners has been chosen by the inhabitants of the Gold districts
of the Kootenay and Big Bend of the Columbia.
7th Mr Edward Stamp, Manager ofan
an English Saw Mill Company
has been chosen by the people of Lillooet.
an English Saw Mill Company
has been chosen by the people of Lillooet.
8th Mr Amor de Cosmos one of the most active of the Victoria
politicians has been selected as second Member for that town.
9th For Yale and Lytton, Mr George Wallace, a newspaper
Editor was selected. He resigned and on a new writ being issued
Mr Francis J. Barnard was selected. I know Nothing about Mr
Barnard except that he is the energetic Government Contractor
for the conveyance ofthe
the Mails between New Westminster and the
Upper Country.
the Mails between New Westminster and the
Upper Country.
5. It is allowed by general consent that such good elements
for the constitution of a Legislative Body have never before been
collected in these Colonies and I beg to recommend the Councillors
generally for Your Lordship's confirmation.
6. I have made the appointments for two years.
7. It is not to be expected that all will pass over quietly
in the first session of the combinedLegislature
Legislature of two Colonies
whose rivalry has disturbed this Coast for many years, yet I allow
myself to hope that no serious obstacles will be placed in the
way of the transaction of Public business.
Legislature of two Colonies
whose rivalry has disturbed this Coast for many years, yet I allow
myself to hope that no serious obstacles will be placed in the
way of the transaction of Public business.
Minutes by CO staff
With the exception of Mr de Cosmos (properly Smith) I should
say that the Governor is most happy in the composition of his
first Council. They are practical & respectable men.
Acke & approve?
Mr Gairdner
Before we write to the Governor I think you had better see the desph of Governor Seymours. The selections & elected Members are good enough. The question may be how to reconcile them with the Royal Instructions to Govr Seymour—whh were left unaltered when the Act
was passed for the
Union of the two Colonies.
Before we write to the Governor I think you had better see the desph of Governor Seymours. The selections & elected Members are good enough. The question may be how to reconcile them with the Royal Instructions to Govr Seymour—whh were left unaltered when the Act
was passed for the
Union of the two Colonies.
ABd
22 March
Mr Blackwood
The Legislative Council is constituted under the Authority of the 5th Clause of the Order in Council of the 11 June 1863: and I do not perceive in these arrangements anything inconsistent with that Clause. But this is now rather a question for Mr Holland than for me.
The Legislative Council is constituted under the Authority of the 5th Clause of the Order in Council of the 11 June 1863: and I do not perceive in these arrangements anything inconsistent with that Clause. But this is now rather a question for Mr Holland than for me.
GG
25 March
Mr Blackwood
I understand the Governor to have appointed of his own selection 9 gentlemen—& to have further appointed
9 who
were recommended for appointment by the people. But in
the latter case, though the Govr did not select, he
"appointed" & thus the case falls within the Order in Council
clause 5, & the meaning of the Act of Union 29 & 30 V. c. 67.
I understand the Governor to have appointed of his own selection 9 gentlemen—& to have further appointed
9 who
were recommended for appointment by the people. But in
the latter case, though the Govr did not select, he
"appointed" & thus the case falls within the Order in Council
clause 5, & the meaning of the Act of Union 29 & 30 V. c. 67.
It would be well to see if Sir F. Rogers agrees before
the despatch is sent out.
HTH
25/3
Other documents included in the file
Draft reply, Buckingham to Seymour, No. 13, 30 March 1867 sending “the Queen’s Approval of the appointments which [Seymour has] made” for “the Legislative Council for the United Colony.”