No. 2
1st January 1870
Early in 1868
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In Sepr 1867?

my predecessor Mr Seymour applied for authority which was accorded him, to appoint two unofficial members of the Executive Council, and on the opening of the last Session of the Legislature at the end oftheManuscript image the year he intimated to them his intention to make such appointments; but for some unexplained reason they were never made.
2. I observe that the authority has been continued in the Royal Instructions accompanying my Commission, and I think it very desirable to have the assistance in the Council of two Members who are not paid servants of the Crown, particularly withrespectManuscript image respect to the question of the Union of this Colony with the Dominion of Canada which must become a prominent subject for discussion during the ensuing Session.
3. I have therefore appointed, provisionally and until Her Majesty's pleasure shall be known, the Honble John Sebastian Helmcken, and William Weir Carrall to be Members of the Executive Council. Mr Helmcken isperhapsManuscript image perhaps the oldest and most influential among the Members of the Legislature for Vancouver's Island, being selected by the District of Victoria; and Mr Carrall is the representative of the Mining District of Cariboo looked upon as the most important on the Mainland, and I regard him as being in other respects the most eligible Member to represent that section oftheManuscript image the Colony.
I have the honor to be
My Lord,
Your most obedient
humble Servant
A. Musgrave
Minutes by CO staff
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Mr Holland
This can be done under Clause 4 of Gov. Musgraves instructions—but see 10904 & Sir F. Rogers' minute.
CC 5/2
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Sir F. Rogers
According to the Circular of 30 Sept 1869, I think these appointments to the Executive Council should be made by Warrant. The Warrant might be in the form which I send on herewith.
With reference to your Minute on 10904 I am inclined to think that this form of Warrant would secure what is desired.
The Instructions (clause IV) require that the person to be appointed must be a Member of the Legislative Council, & direct that if from any cause (wh: would, I apprehend, cover the case of a dissolution) he cease to be a Member of the Legislative Council (as he would in the case of a Dissolution) he shall thereupon cease to be an Executive Councillor.
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When he has once ceased to be such Member ofManuscript image the Executive Council he would not, because re-elected a Legislative Councillor, be necessarily an Executive Councillor. He would have to be re-appointed.
HTH 7.2.70
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FR 8/2
WM 9/2
G 11/2
Other documents included in the file
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Granville to Lord President of the Council, 21 February 1870, asking that the two names be submitted to the Queen in Council for approval of their appointment to the Executive Council.
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Draft reply, Granville to Musgrave, No. 20, 7 March 1870.