No. 40
26 June 1868
Sir,
I have to acknowledge the receipt of your Despatch of the 19th March enclosing remarks by Chief Justice Needham and the Attorney General upon the Draft Ordinance which was transmitted to you in my Despatch of the 13th November.
That Ordinance which was settled by the Law Officers of the Crown, was sent out toguideManuscript image guide and assist the Colonial Legislature in carrying out a measure which, with reference to the terms of the British Columbia Act 1866 and the existing interest in the Colony, appeared to me upon a careful consideration of the whole subject, to be best calculated to meet the difficulties of the case.
A Draft Law framed in England to meet an anomalous state of things existing in a colony very peculiarly constituted, must of course require alterations and additions in matters of detail, but I had hoped that by the cordial cooperation of the Judges andAttorneyManuscript image Attorney General imperfections of that class would substantially have been removed by the introduction of Clauses into the Ordinance before or during its progress through the Legislature. I cannot help observing that many of the difficulties and objections now raised by the Attorney General could readily have been so met.
The fact of the Union of British Columbia with Vancouver Island, has not made the working of the two Supreme Courts more difficult, but, on the contrary, by bringing both courts under the jurisdiction of a SingleLegislatureManuscript image Legislature, has given facilities for making the operation of those Courts more harmonious and useful.
I still entertain a strong hope that when the Ordinance is sent over for Her Majesty's sanction, I shall find that steps have been taken to remedy all substantial difficulties pointed out by the Attorney General and Judges, some of which had not escaped my attention, but which I am assured may to a great extent be obviated by careful Legislation. Though I do not find in the papers before me any reason to doubt that theprincipleManuscript image principle of the Draft Ordinance is capable of being worked with perfect ease by intelligent officers whose desire is that public affairs shall be properly conducted, yet you must observe from the tenor of my Despatches that it is by no means my desire to preclude the Government and Legislature from adopting any other mode of dealing with the existing anomalies, which, without injustice to existing officers, seems to them to promise more satisfactory results.
I have the honor to be
Sir,
Your most obedient humble Servant
Buckingham & Chandos
People in this document

Grenville, Richard

Needham, Joseph

Seymour, Frederick

Organizations in this document

Colonial Office

Law Officers

Places in this document

British Columbia

Vancouver Island

Grenville, Richard to Seymour, Frederick 26 June 1868, NAC RG7:G8C/15, 225. The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.2, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/B687040.html.

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