Sir F. Rogers
Sale of Liquor to Indians. The B Columbian Ordinance of
1865 N 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?