Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Frederick to Grenville, Richard 30 November 1867, CO 60:29, no. 1214, 543.
Abstract
Despatch to London.
Minutes (4), Enclosures (untranscribed) (6), Other documents (1).
Seymour forwards a letter from the attorney general asking for Buckingham’s thoughts on how
the Act of Unioneffects
the Legislative ConstitutionBritish Columbia. Seymour discusses his views on how the union of Vancouver Island and British Columbia affects the legislative constitution and how Seymour reached these views considering the
Intentionsof Forster and Reilly. Holland’s minute suggests forwarding the despatch to the law officers and comments on the issue of allotting a particular number of seats to Vancouver Island. Minutes by Rogers and Adderley disagree with concerning the law officers and state why Rogers and Adderley have this view. Included documents discuss how the legislature should be composed and describe the union of Vancouver Island and British Columbia.
Separate
30th November 1867
My Lord Duke,
I have the honor to forward a letter from the Attorney
General requesting an opinion as to the effect of the Act of
Union upon the LegislativeConstitution
Constitution of this Colony. My own
opinion is most decidedly that there is nothing in the Act 29 &
30 Victoria, Cap. 67 "An Act for the Union of the Colony of Vancouver
Island with the Colony of British Columbia"
which makes it imperative on the Governor
to allot a certain number of seats at the Council table to
Vancouver Island, and a certain number to the Mainland.
Constitution of this Colony. My own
opinion is most decidedly that there is nothing in the Act 29 &
30 Victoria, Cap. 67 "An Act for the Union of the Colony of Vancouver
Island with the Colony of British Columbia"
which makes it imperative on the Governor
to allot a certain number of seats at the Council table to
Vancouver Island, and a certain number to the Mainland.
2. My conviction on this point has been mainly brought about
by my knowledgeof
of the Intentions of Mr Forster, late Under
Secretary of State, and of Mr Reilly who drew the Bill.
of the Intentions of Mr Forster, late Under
Secretary of State, and of Mr Reilly who drew the Bill.
Minutes by CO staff
Sir F. Rogers
As the opinion of the Law Officers is requested I presume that copies of this despatch & its enclosures should be sent to them, & their opinion asked upon the 2 questions raised in the first page of the Attorney General's memorandum.
As the opinion of the Law Officers is requested I presume that copies of this despatch & its enclosures should be sent to them, & their opinion asked upon the 2 questions raised in the first page of the Attorney General's memorandum.
I think the points very clear, & that it is not imperative on the
Governor to allot a certain number of seats to V. Island.
HTH
5/2
I very much incline
not to take this opinion. It does not
appear who raises the question, & I am wholly unable to conceive how any
person capable of understanding the meaning of words can raise such a
question. Nothing can be plainer than the word of the Act—nothing
more reasonable than the meaning resulting from those words, and
nothing I think more certain than that the framers of the Act did in
fact mean neither more nor less than they said. When matters are
really not capable of question I do not think that the Law office
shd be worried with questions about them to satisfy what is
mere idle cavilling. I shd be disposed to write a very decided
answer—treating the matter as much too clear, to render it
proper that the Law Offrs shd be troubled with it.
The word "maximum" if nothing else is conclusive against
these loose inferences.
as much too clear, to render it
proper that the Law Offrs shd be troubled with it.
The word "maximum" if nothing else is conclusive against
these loose inferences.
FR
5/1
Documents enclosed with the main document (not transcribed)
H.P.P. Crease, Attorney General, to Seymour, 27 November 1867,
requesting opinion of Law Officers on the effect of the act of
union upon the constitution, with explanation.
Extract, Cardwell to Seymour, 7 October 1865, stating the Order
in Council constituting a legislature in British Columbia did not
intend such legislature to be representative.
Printed copy of Order in Council, 11 June 1863, establishing a
legislature in British Columbia.
Newspaper clipping,
Government Gazette, no date, containing printed notification of
the passing of the Order in Council as noted above, and letter from
W.A.G. Young advising of the composition of the newly constituted
legislative council.
Newspaper clipping,
Government Gazette Extraordinary, 19 November 1866, containing
proclamation of union.
Newspaper clipping,
Government Gazette, 5 January 1867, reporting the composition
of the newly constituted legislative council of the united colony.
Other documents included in the file
Draft reply, Buckingham to Seymour, No. 13, 15 February 1868 confirming Seymour’s view regarding “the effect of the Act of Union upon the Legislative Constitution
of the Colony.”