No. 109
12th September 1867
My Lord Duke,
I have the honor to forward an authenticated and two plain copies of an Ordinance of the late Session of the Legislature of this Colony entitled;No 28.Manuscript image No 28. An Ordinance to assimilate and amend the law prohibiting the Sale or Gift of Intoxicating liquors to Indians.
2. The want of such a measure in Vancouver Island has long been felt and I need hardly say that I recommend the allowance of the measure.
3. The Attorney General's report is enclosed.
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I have the honor to be
My Lord Duke,
Your most obedient
humble Servant
Frederick Seymour
Minutes by CO staff
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CC 5 Nov
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Sir F. Rogers
Sale of Liquor to Indians. The B Columbian Ordinance of 1865 No 16 is extended to the whole Colony. I have no objections to raise to the first 9 sections, or to sections 13-16. But there are new powers of search given by sect. 10; & a declaration by the Master of any Ship, Canoe &c is required by sec. 11 before any ship &c can leave any port in B. Columbia, for any port in Russian America or Northwards with spirits on board.
These provisions may well be calculated to stop the trade of selling intoxicating liquor to the Indians; but it seems to me that the power given by sect 10 would include any French or other foreign Ship, & even though that Ship may not have docked at any port in B. Columbia. I do not think that section can be allowed in its present shape.
The power in sect 11 is also very large, as it would include the case of a French or American vessel which was carrying spirits from San Francisco to Russian America, but which was forced by [one word off microfilm] of weather to go into Victoria. It is true that the Governor has a power to exempt, and this may justify the allowance of this section as he would exercise such power in any such case. But should not the section be confined to cases where spirits are shipped at any port or place in B. Columbia upon any vessel leaving for Russian America or Northward?
HTH 6/11
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I wd put these questions to the B. of T.
Of course SS 10 only applies to B. Columbia waters.
FR 6/11
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B&C 7/11
Documents enclosed with the main document (not transcribed)
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H.P.P. Crease, Attorney General, to Seymour, 19 July 1867, reporting on the ordinance as per despatch.
Other documents included in the file
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Colonial Office to T.H. Farrer, Board of Trade, 16 November 1867, forwarding copy of the ordinance and calling attention to several sections for consideration.
Minutes by CO staff
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Sir F Rogers
I have stated somewhat fully the objections to the Ordinance. But (?) is a simple reference to the sections without comment more usual.
HTH 12/11
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It seems to me clearly necessary to state the objections. Else the B of T mt not see what we are at. MyManuscript image own impression is that the clauses may pass.
FR 12/11