No. 130
12th December 1868
My Lord Duke,
The Legislative Council having expired by the efflux of time, I beg leave to report that I have reconstituted theLegislatureManuscript image Legislature in the following manner.
2. In obedience to Her Majesty's Commands I have appointed the Officers lawfully acting for the time being as Colonial Secretary, Mr William A.G. Young; The Attorney General, Mr Crease; The Chief Commissioner of Lands and Works, Mr Trutch; and the Collector of Customs, Mr Hamley.
3. The Situation of TreasurerbeingManuscript image being abolished I have placed the Postmaster General Mr Arthur Bushby among the Official Members. His appointment will give general satisfaction on account of his own personal qualifications, and his knowledge on Postal Matters will probably be valuable during the Session.
4. To the Magisterial Seats I have nominated:
1. Mr Edward Graham Alston, Registrar of Titles in Victoria. A MemberofManuscript image of the English bar.
2. Mr Henry Maynard Ball, Police Magistrate of New Westminster.
3. Mr Henry Holbrook, President of the Municipal Council of New Westminster.
4. Mr Peter O'Reilly, Gold Commissioner for the Yale and Kootenay District.
5. Mr Augustus Frederick Pemberton, Police Magistrate of Victoria.
6. Mr Edward HowardSandersManuscript image Sanders, Police Magistrate of Lillooet.
7. Mr George Anthony Walkem, a barrister, to look after the interests of Cariboo, a distinction to which he has on previous occasions been raised, three times, by the votes of the Miners. I find it impossible to dispense with the Active Services of the Salaried Magistrate Mr Brew fromourManuscript image our principal Gold Mine.
8. Mr Thomas Lett Wood, late Attorney General of Vancouver Island, fills a place at the Council Board.
5. Thus Your Grace will see that I am gradually enlarging the popular representation in the Legislature. Mr Holbrook, Mr Walkem, and Mr Wood are in no way connected withtheManuscript image the Government and will be free to vote in every matter as they please.
6. The undermentioned Gentlemen will have been selected by the people and, I need not say, accepted by me.
2. Mr John C. Davie for the Victoria District.
7. Your Grace willobserveManuscript image observe that I have placed the names alphabetically.
8. Though the unofficial members number twelve, while the Salaried supporters of the Government are but ten, I have no doubt but that matters will progress satisfactorily.
9. I am not personally acquainted with all the Gentlemen chosen by the people, but I believe the Common opinion to be thattheManuscript image the new Legislature is as satisfactory in every respect as we can expect to possess under the present constitution.
10. I have called the Council together for the despatch of business on the 17th of this month.
11. The Appointments are made to continue in force until the first of August 1871. I beg to recommend them for Your Grace's favorable consideration.
IManuscript image
I have the honor to be,
My Lord Duke,
Your Grace's most obedient,
humble Servant.
Frederick Seymour
Minutes by CO staff
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Mr Holland
See 30/2737/67. New Legislative Council
Officials 5
Nominated by Govr
Office Holders 5
Not " 3
Elective 9

Gov. Seymour gives the name of 9 Elective but only 8 are Gazetted.
On the whole,
Office holders 10
not " 12 (of 9 Elective)
Signify Queens Approval?
CC 26/1
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Sir F. Rogers
The Governor is (I think) wrong in supposing that the official element of the Legislative Council whichManuscript image was created by the additional Instructions of 31 July 1863 expires by efflux of time (See the instructions listed in Sepe/1214/63). By those instructions the Officers lawfully acting for the time being as Col. Secrety; Attorney General; Treasurer, Chief Commissr of Lands & Works, & Collector of Customs are made during HM's pleasure Members of the Legislative Council. There have been no later Instructions & so that the Govr is incorrect in saying that he has now appointed these officers to be Members of the reconstituted Legislat. Council, or that the Legislative Council has expired by the efflux of time. Certain appointments only in that Council expire by efflux of time.
The other appointments which rest with the Govr appear to be good & the Queens approval of them may be conveyed by Despatch.
HTH 26/1
FR 28/1
WM 28/1
G 30/1
Documents enclosed with the main document (not transcribed)
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Government Gazette Extraordinary, 3 December 1868, reporting appointments as per despatch.
Other documents included in the file
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Draft reply, Granville to Seymour, No. 11, 8 February 1869 conveying The Queen's approval of Seymour’s selections for British Columbia’s legislative council and discussing who has the authority to make or change appointments to the council.