Colonial Despatches

I have the honor to forward to Your Lordship an authenticated, and two plain copies of an Act entitled— An Act to alter and amend the Constitution of this Colony. The usual Report from theAttorney Attorney General is annexed.

2. I acquainted Your Lordship in my Despatch No 163, of the 22nd December, last that I was aware of a very strong and general popular feeling in favor of the introduction of Responsible Government on the Union of this Colony with Canada, and that after an Address to the Queen for this purpose should have beenpassed passed I should think it expedient to introduce a Bill to effect such enlargement and modification of the present Legislative body as would permit the introduction of the desired system. In my Speech on the opening of the Legislative Session, transmitted in my Despatch No 1 of the 11th January, I referred to this subject for the purpose of ascertaining the formalopinion opinion of the Legislative Council upon the question. And in reply a Resolution was transmitted to me requesting that I would submit a Bill "to enlarge the number of representative Members, excluding nominated Members from the Council, so as to enable a new Legislative body, and the form of administration known asResponsible Responsible Government to come into operation at the first Session of the Legislature subsequently to the Union of the Colony with Canada."

3. The Executive Council agreed with me that it was desirable to introduce this measure, and that the concession now of what is desired, and would certainly be successfully striven for afterUnion Union if now withheld, would conduce much to the future tranquillity of the Colony, and facilitate the working of other impending changes by removing causes of agitation and political dissatisfaction. I still believe that the system of Responsible Government is in advance of the development of the Colony, and that the existing LegislativeConstitution Constitution would be sufficient for all local purposes after Union if it were allowed to work without factious opposition. But, on the other hand, that opposition would be instant and incessant, and no cordial support would be rendered outside of the Official circles. And, moreover, after the concession of so free and full a system of self-government to the Provinceof of Manitoba as that bestowed by the Canadian Act of 32 & 33 Victoria Chap. 3 it would scarcely be possible to withhold the same confidence from the people of this Colony.

4. The Act which I now transmit was very carefully prepared by the Attorney General in conference with myself, and considered in Executive Council.It It has given almost universal satisfaction and has induced a state of general political tranquillity even among the busiest of the political agitators. Another measure is intended to accompany this for the regulation of Elections, in which will be contained provisions for the qualification of Voters, Registration,and and other arrangements which would be necessary in any case, even if the present Council were to be retained. And this latter enactment I hope to forward by the next Mail.

5. In selecting the new form of Constitution I have preferred as a model that of Ontario, namely a single Legislative Assembly. Accordingto to my experience a Legislative Council as a second Chamber answers few useful purposes in a small community, and none that counterbalance the disadvantages attaching to risk of collision between the two branches, and to the withdrawal of many influential members of the Community from seats in the lower House, which they would otherwise probably holdwith with greater public advantage, as the real political work will always have to be accomplished in the lower Chamber whether the Members of the second are elected or nominated.

6. The number of Representatives has been fixed at Twenty-five, as the largest which can reasonably be taken in so small a population. A fewernumber number is not desirable for the system it is intended to set in motion, as in proportion to their fewness will be the probability of decisions upon public affairs being influenced by personal feelings and corrupt combinations.

7. The representation I have divided as equally as possible between the Mainland and Vancouver Island, giving theTwenty-fifth Twenty-fifth member to the Mainland, which I believe to be the fair arrangement for the present at all events, although an attempt was made in the Legislative Council to secure a larger number of seats for the Mainland. But, in fact, if representation were to be based strictly on population I believe the Population of Vancouver Island now to be more numerousthan than that of the rest of the United Colony. Although probably that will be more immediately increased by any stimulus to prosperity which may follow from Confederation, the employment afforded by the public works which are proposed, and any development of new Gold fields of which there is now some promise.

8. The Act contains animportant important provision for the constitution of the Executive Council (Sec. 3) which would have to be made in some other manner in the absence of this measure. At present this body is constituted by the Governor's Commission and the Royal Instructions, of which the provisions though still operative in the cases of Colonies likeNewfoundland Newfoundland remaining in direct communication with the Colonial Office, will not be applicable after the Union of British Columbia with Canada. The arrangement for the already united Provinces have been made in the Imperial Act of Union, and those for Ontario and Quebec (Sec. 63) have now been followed andadapted adapted to this Colony by this local Act, which will continue in operation on the Union by the effect of the 14th Article of the terms of Union.

9. Sections 38 & 39 contain provisions for a pecuniary allowance to Members of the Legislative Council during their attendance, and for paymentof of their travelling expenses. No doubt the cost of Government will thus be largely increased, but I regard the expenditure as necessary. The provision is made in all the other North American Provinces and can scarcely be avoided here, where indeed it will be more required in order to induce eligible persons to come forward as representatives of distantdistricts districts who would otherwise be deterred by the expense of travelling and residence at the Seat of Government during the Session being added to the inconvenience of absence from their usual places of business and abode.

10. Your Lordship will not fail to observe that this Act contains a suspending clause(Sec. (Sec. 47) which provides that it shall not come into operation until Her Majesty's assent has been given, nor then until a date to be fixed by the Governor by proclamation. But this date must be one prior to that of the Union in order that the Act should form part of the Law of the Colony at the time of admission. It is not intended,or or desirable that the Queen's assent should be given unless the Union of the Colony with Canada has become certain within a specified time. In the very improbable event of the occurrence in Canada, or in England of any obstacle to the speedy accomplishment of the Union, I do not recommend this Act for confirmation, andit it can be laid aside until the time is right for its application.