No. 47
20th April 1871
My Lord,
I have had the honor to receive Your Lordship's Confidential Circular Despatch of the 10th January last, respecting a question lately raised in a West Indian Colony as to thepowerManuscript image power of the Governor to deal with the custody and management of Idiots and Lunatics and their Estates, no such power being specially delegated to him by his Commission or Instructions.
2. I forward for Your Lordship's information a Memorandum from theChiefManuscript image Chief Justice on the subject of that Despatch from which it appears that he regards legislation upon the matter as scarcely necessary. As Your Lordship's Despatch reached me only a very little while previously to the close of the Session, and time was not afforded for due consideration of so important asubjectManuscript image subject, I have thought it most prudent to take no action until reference could again be made to Your Lordship; and nothing could now be done before the proposed Union of this Colony with the Dominion of Canada.
I have the honor to be,
My Lord,
Your most obedient
Humble Servant
A. Musgrave
Minutes by CO staff
Manuscript image
CC 25/5
Mr Holland
Custody & Management of Idiots Lunatics & their Estates.
As B.C. is about to be merged into the Dominion of Canada there would appear to be no necessity to pursue the matter further so far as the separate Colony is concerned.
Put by.
WR 28/5/71
The Union will make no difference, as this is a subject which would be dealt with by the Provincial Legislature, not by the Parliament of Canada. And it appears to me that there is sufficient doubt upon the question whether the Supreme Court has this jurisdiction to make it advisable to instruct the Govr after the Union has been effected to bring the matter under the consideration of his advisers.
HTH 27/5
So proceed.
EHKH 29/1/71
But do we instruct Governors of Provinces? e.g. Ontario?
K June 1/71
No. But does not Mr Holland mean the Governor General of Canada?
WD 2/6
I referred, as Mr Dealtry supposes, to the Govr General, but I regret that I did not make my meaning clear. I meant that copies of these papers should, after the Union has been effected, be transmitted to the Govr General with instructions to bring them under the notice of his advisers, in order that if they should think it desirable, Ld Lisgar might advise the Lt Govr with the assent of his Ministers to cause a Bill to be introduced to remove all doubts.
HTH 2/6
So proceed.
K June 2/71
Documents enclosed with the main document (not transcribed)
Manuscript image
M.B. Begbie, 10 April 1871, memorandum on "Lunacy Jurisdiction," as per despatch (twelve pages).
Other documents included in the file
Manuscript image
Draft reply, Kimberley to Lisgar, Canada, No. 439, 8 June 1871.
Minutes by CO staff
Mr Holland
I have drafted this at once. Shall it be sent or delayed until the union has been completed?
I would send it at once—& would send a copy of it to Govr Musgrave in reply to his Despatch No 47 (5086).
Other documents included in the file
*
Manuscript image
Draft reply, Kimberley to Musgrave, No. 58, 8 June 1871.
Musgrave, Anthony to Wodehouse, John 20 April 1871, CO 60:43, no. 5086, 447. 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/B71047.html.

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