No. 44
18th March 1867
My Lord,
I have had the honor to receive Your Lordship's despatch Vancouver Island No. 21 of the 16th of November 1866 addressed to Governor Kennedy. Your Lordship states thatyouManuscript image you do not understand from the information before you how it is that certain public Monies under the control of the Legislature have been expended without the requisite Legislative sanction, and further that if they have been so expended, it will have been a grave irregularity on which you would desire a full report and for which it will be necessary to seek a remedy at the hands of the New Legislature of the Colony.
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2. I was in England at the time when these payments were made, and I therefore referred for information to Mr Young the late Colonial Secretary of Vancouver Island, whose report I have the honor to enclose.
3. It was my intention to introduce a Bill of Indemnity to the Legislative Council. The fourth paragraph of my opening address is as follows: "I place prominently on the list of the Measures I wishyouManuscript image you to pass, Bills of Indemnity to My predecessor in Office in Vancouver Island and myself for money expended without an appropriation act. The circumstances of the case are sufficiently familiar to all and I have no doubt that you will legalize Acts of supreme necessity." The Council replied: "The Acts of Indemnity referred to by Your Excellency shall receive our most favorable consideration."
4. I sent down the Auditor General to Victoria. He foundthatManuscript image that the Public Accounts of Vancouver Island had not been Audited for a considerable time and I am thus compelled to defer to another Session the introduction of the Indemnity Bill. The Auditor's Report will be found enclosed in my despatch No. 40 of the 8th Instant.
I have the honor to be,
My Lord,
Your most obedient
humble Servant
Frederick Seymour
Minutes by CO staff
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Sir F. Rogers
The Report of the late Colonial Secretary of V.C. Island explains how it happened that Govr Kennedy was compelled by the dead lock in the Legislature to incur a considerable unauthorized expenditure. As however V.C. Island no longer exists as a separate Colony it could answer no useful purpose to pursue the subject further—and I presume the Despatch may be acknowledged with an expression of regret that the state of the Audit of the Accounts has compelled Govr Seymour to defer the introduction of the Indemnity Bill? See 4394.
VJ 7 May
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I do not see that there is anything else to be done.
FR 7/5
CBA 7/5
B&C 8/5
Documents enclosed with the main document (not transcribed)
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W.A.G. Young to Seymour, 5 February, reporting on public expenditures made by the Legislative Assembly "without the requisite legislative sanction."
Other documents included in the file
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Draft reply, Buckingham to Seymour, No. 24, 11 May 1867 acknowledging Seymour’s despatch explaining why public money was spent without the Legislature’s consent and expressing regret that the state of Vancouver Island’s public affairs is delaying Seymour passing an Indemnity Bill.
Seymour, Frederick to Carnarvon, Earl 18 March 1867, CO 60:27, no. 4398, 333. 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/B67044.html.

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