New Westminster
29th April 1868
My Lord Duke,
With reference to my despatch No. 34 of this date on the subject of the hardship to which Mr Wallace, a bankrupt, has been put by the conflict of JurisdictionbetweenManuscript image between Messrs Justice Begbie and Needham, I have the honor to forward a Confidential letter from the Attorney General on the subject.
2. I understood that the Bill transmitted in Your Grace's despatch No. 81 of 13th November 1867, was so sent more as a guide than as a command. There were portions of it which I could not have carried without coercion, soIManuscript image I separated the essential and had that passed. The mere local details I have left to be dealt with by the Council intending to reserve the Bill for Your Grace's consideration.
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 16/6
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Sir F. Rogers
If the Attorney General instead of persistently raising objections to the plan decided upon by the Home Govt would turn his mind to removing some of them by introducing clauses into the draft Ordinance which was sanctioned by the Law Officers, he would in my humble opinion be doing a better service to the Colony than by setting himself & the Governor againstManuscript image the plan, which no doubt is open to objections, but which it was considered was the only one that could be adopted with a fair regard to vested interests.
See minute on 6295.
HTH 19/6
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Acknowledge confidentially and refer to HG public despatch of the [blank] as containing HG views on the subject (See 6295).
I should be disposed to add that the difficulty in dealing with this case has been considerably increased owing to the fact that an erroneous view of the effect of the Imperial Act was so strongly entertained at first in the Colony; & it is to this fact that HG is inclined to attribute, in part, the continued opposition of the Judges & Attorney General to the proposed measure. That HG is fully aware of the objections which have been & may be urged against the measure, but most of such objections can be & ought to be removed by legislation, and HG expects that the A. General will apply himself to meet these & other objections by inserting clauses in the Ordinance as it passes through the Legislature, or by an amending Ordinance.
HTH 19/6
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I have suggested an addition to the answer to 6295 in the spirit of Mr Holland's parag—and I thinkManuscript image I would here add that HG does not doubt that the Atty General will have exerted himself to insert in the bill during its passage thro' the Legislature clauses calculated either to remove the inconveniences wh he anticipates or to mitigate them as far as the circumstances of B.C. render such mitigation practical.
FR 19/6
CBA 22/6
B&C 24/6
Documents enclosed with the main document (not transcribed)
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H.P.P. Crease, Attorney General, to Seymour, 6 April 1868, forwarding a precis statement of the Wallace-Nicholson case (not on microfilm) and arguing against the proposed bill.
Other documents included in the file
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Draft reply, Buckingham to Seymour, Confidential, 26 June 1868 discussing the reasons for the resistance against the “proposed measure” to rectify the jurisdiction conflicts and the confidence Buckingham has that British Columbia’s attorney general took steps to “remove [any] inconveniences” in the proposed ordinance (concluding page not on microfilm).