No. 163
22nd December 1870
My Lord,
Referring to my Despatch No 136, of 17th October, I have the honor to report that the Writs for the Elections of Members of the new Legislative Council have all been returned, and the following are the names of the Members elected—Mr.Manuscript image Mr Nathan - for Victoria
Mr Helmcken - "
Mr De Cosmos - Victoria District
Mr Bunster - Nanaimo & Comox
Mr Nelson - New Westminster
Mr Cornwall - Yale & Lytton
Mr Humphreys - Lilloett & Clinton
Mr Carrall - Cariboo
Mr Skinner - Columbia & Kootenay
2. In exercise of the authority given to me by the 6th Section of the recent Order in Council I have appointed the following Gentlemen to be Members of the Council provisionally and untilconfirmedManuscript image confirmed in their appointments by Her Majestys Warrant, namely: The Honble Philip James Hankin
" George Phillippo
" Joseph William Trutch
" Wymond Ogilvy Hamley
(members of the Executive Council) and Augustus Frederick Pemberton, and Edward Graham Alston Esquires.
3. The Constitution of the new Legislature is thus completed, and I have issued a Proclamation of which IencloseManuscript image enclose a Copy, convening a Meeting on the 5th January.
4. The business of the Session will be almost entirely limited to completing the proposed Union with Canada, and I do not doubt the favorable issue of the proceedings for this purpose. Attempts may probably be made to obtain modifications of the terms agreed to by the Government of Canada, but I have heard of none proposed that ought reasonably to be excepted by this Colony, andI thinkManuscript image I think that I shall be able to obtain sufficient support even among the elected members to avoid or surmount any complications arising from this cause. All elected Members have been returned in favor of Confederation.
5. The most important question likely to be raised is as to the time when "Responsible Government" shall be introduced. The Community are certainly in favor of this form of administration, and a party is prepared to press for itsadoptionManuscript image adoption simultaneously with Union. To introduce it simultaneously is practically impossible; for this cannot be done without another change of constitution and the passing of an Election Law with provision for an enlarged Representative Body. But, the necessary steps for the purpose would certainly be taken at the earliest possible moment after Union if they are prevented now. Some facility will therefore probably be afforded to me in dealing with the principal question of theUnionManuscript image Union itself, if I anticipate the movement by introducing a Bill during the present Session for effecting such changes as will render possible the introduction of the desired system with the first meeting of an enlarged Council in which nominated members will not sit, and which might be elected under the proposed Act soon after the declaration of Union. I should oppose such a measure except as a pendent to Confederation, which will remove the most important portions of public affairs to the control of theParliamentManuscript image Parliament of Canada; and it shall not be passed until Confederation is finally agreed to; but, after that, I shall regard it as expedient to bring forward a Bill for further modifying the Legislative Constitution, as there will be some advantage in the management of it by the present government.
I have the honor to be,
My Lord,
Your most obedient
Humble Servant
A. Musgrave
Minutes by CO staff
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Mr Herbert
The elected Members all in favor of Confederation. All that has to be done now is to prepare & send Warrants for the 6 Nominated Members of Council—leaving Mr Musgrave & the Council to proceed with Confederation.
CC 1 Feby 71
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Sir F. Rogers
He proposes to legislate with the view of paving the way for Responsible Government in the event of, & after, Confederation.
RGWH Feb 1/71
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I shd wholly trust his judgement in the matter, & shd leave him discretion.
FR 1/2
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I agree.
K Feb 1/71
Documents enclosed with the main document (not transcribed)
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Newspaper clipping, unnamed, no date, containing proclamation issued by Musgrave convening a meeting of the newly formed legislature.
Other documents included in the file
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Kimberley to Lord President of the Council, 4 February 1871, asking that the names of the six nominated members be submitted for approval to the Queen in Council.
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Draft reply, Kimberley to Musgrave, No. 15, 17 February 1871.
Minutes by CO staff
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Mr Herbert
I suppose something to this effect ought to be written?