No. 76
20th April 1869
My Lord,
I have the honor to forward an Authenticated and two plain Copies of an Ordinance of the recent Session of the Legislatureentitled;Manuscript image entitled;
No. 24. An Ordinance respecting Indian Reserves.
2. I directed the introduction of this measure and need scarcely say, therefore, that I approve of it. I think that the powers it confers may very safely be vested in the Stipendiary Magistrates.
3. The Legal Report of the Attorney General isenclosed.Manuscript image enclosed.
I have the honor to be,
My Lord,
Your Lordship's most obedient
humble Servant.
Frederick Seymour
Minutes by CO staff
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CC 3 June
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Sir F. Rogers
Indian Reserve Ordinance.
Large powers are given to the Stipendiary Magistrates to settle disputes as to the right to enter upon Indian reserves or as to claims to the crops or cattle thereon, & such powers, if exercised with discretion, will probably be useful.
I should think the experiment worth a trial, & wd sanction the Ordinance pointg out however to the Govr the necessity of keeping careful watch upon the working of the measure.
HTH 3.6.69
FR 4/6
WM 5/6
G 7/6
Documents enclosed with the main document (not transcribed)
Three printed copies of ordinance, not in file.
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H.P.P. Crease, Attorney General, to Seymour, 16 April 1869, printed below.
Documents enclosed with the main document (transcribed)
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.bd The Attorney General's report on "No. 24 Ordinance 1869."
Attorney General's Office
British Columbia
16 April 1869
Sir,
I have the honor to state for the information of Her Majesty's Government that;
"An Ordinance respecting Indian Reserves"

hasManuscript image has been passed by The Legislative Council to provide a speedy and cheap means of remedying and abating encroachments on The Indian Reserves, and debateable land between Indian and White claimants, without the delay necessary in cases tried before the Supreme Courts.
The difficulty and time taken up in dealing with such cases of the ordinary tribunals, have been a standing danger to thePeaceManuscript image Peace, especially with a population so sensitive to an invasion of their supposed rights as the native tribes.
They are taught to believe, and in practice do, think of The Queen as their great chief, willing, able and prompt to remedy injury and prevent wrong.
They are quite alive to the invasion of the Whites upon their old hunting and fishing grounds and potato patches; and onlypartiallyManuscript image partially acquiesce in it, partly, from a feeling of the white mans superiority, but chiefly from the confidence so constantly impressed on them by the Officers of the Government that Her Majesty will not allow formalities of law to militate against the speedy rendering of justice Wherever they may happen to be in their right.
Although the ordinance under report will tax the discretion of the MagistratesveryManuscript image very largely, for the lands of the Indians are the best cleared, and most desireable for settlement of any in the Country, and therefore a constant object of the white mans cupidity, I feel constrained to commend it for approval as a wise and beneficent measure.
I have
&c &c
(signed) Henry P Pellew Crease

His Excellency
Governor Seymour
Other documents included in the file
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Draft reply, Granville to Seymour, No. 54, 9 June 1869.
Seymour, Frederick to Leveson-Gower, Granville George 20 April 1869, CO 60:35, no. 6251, 571. 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/B69076.html.

Last modified: 2020-12-02 13:40:34 -0800 (Wed, 02 Dec 2020) (SVN revision: 5008)