Despatch to London.
Minutes (3), Enclosures (untranscribed) (4).
Douglas forwards Newcastle copies of, and justification for, the following Acts:
The Alien Act 1861;
An Act for the Confirmation of the Titles of Aliens to Real Estate 1861;
An Act to Enable Aliens to hold Real Estate 1861;
The Vancouver Island Civil Procedure Act 1861.
No. 73, Legislative
25 November 1861
I have the honour to transmit herewith, four Acts intitled as
follows, vizt—
1. "The Alien Act 1861."
2. An
2. "An Act for the Confirmation of the Titles of Aliens to
Real Estate 1861."
3. "An Act to Enable Aliens to hold Real Estate 1861."
4. "The Vancouver Island Civil Procedure Act 1861."
2. The provisions of the first three Acts defining the position of
aliens in the Colony of Vancouver Island, are not materially
differentfrom from the Alien Act approved by Her Majesty's Government
and now in force in the Colony of British Columbia; they are also in
accordance with the instructions received in Secretary Sir E. Lytton's Despatch No 20 of the 11th of February 1859; I therefore
thought it incumbent upon me to give Her Majesty's Assent to them
without delay, in order to quiet the public mind and to remove a
mischievous feeling of distrustwhich which had been rapidly gathering
strength with respect to the rights of aliens in this Colony.
3. I enclose a report from the Attorney General on the character and
object of these Acts; and I would also inform Your Grace that many
reasons of sound policy render their immediate passage of vital
importance to the Colony.
4. A great deal of capital has been invested by aliens in the
purchaseof of land in and about Victoria, and it was generally believed
in consequence of an official announcement issued in 1858, declaring
the legal position of aliens, that those persons were entitled to hold
land for three years only, unless then declared to be British
subjects; consequently most of them were preparing to sell their
interest within the present year, and to withdraw from the Colony,
though,otherwise, otherwise, if secured in their rights, they did not desire to
sell their property.
5. I may also state that there is reason to believe that the attention
of many Capitalists, especially among the British, French and German
residents of San Francisco, is now being directed to this place; the
present political troubles in the United States, a prospect of
increased taxation,and and the present high prices of Real Estate in San
Francisco, all tending to direct enquiry towards this point, as a
favourable one in which to make investments. The notification then,
at this time, that all restrictions on aliens holding property in this
Colony, are removed, will doubtless have a most beneficial effect.
6. I observe that the Government of Canada, influenced no doubt by
thesame same motives, have lately offered very liberal bounties of land
and other inducements to those persons who are being driven across
the borders by the troubles in the United States.
7. One very disastrous effect produced by uncertainty in regard to
alien titles, is the check it gives to improvement. An alien may be
willing to hold a piece of land with the prospect of its increasingin
in value soon, but he will not, with an uncertain tenure, invest
capital in the erection of substantial buildings, or other permanent
improvements. Another evil resulting from that uncertainty is that
the alien does not identify himself with the interests of the
country, nor actively contribute towards its sure and healthy
development. He may perhaps aid in creating a speculative demand in
order to sell his propertyto to advantage, but he does not care to
assist plans which require years to mature, when he may be called on
any time to part with property which he holds only by sufferance.
8. There are many other points which I might allude to in connection
with the subject, but most of them will doubtless occur to Your Grace.
9. As there still exists a feeling of distrust anduncertainty uncertainty as to
whether these Acts will meet with Her Majesty's approval, I have to
beg the favour of Your Grace's early reply to this Communication, in
order that the question may be set at rest.
I have the honor to be
My Lord Duke,
Your Grace's most obedient
and humble Servant James Douglas
Duke of Newcastle
These laws are important. They provide that any alien may demand
naturalization after 3 years residence, not having been convicted of
a felony in any foreign country—that titles heretofore derived
through aliens shall not be questioned on that account & that aliens
may for the future hold Land—Naturalized persons are not to be
members of the Lege or Exve Councils.
The most unusual provision is that wh enables aliens to hold land.
If that is considered objectionable the Act No 40 shd be disallowed
& 38 modified so as merely to say the titles
derived through aliens; leaving the aliens own title, at any
rate if hereafter acquired, in its original invalidity.
But I am inclined to think that the circumstances of VanCouvers Island make it a wise policy to give every encouragement to the
settlement of foreigners. They
will enter this country & will be discontented instead of
contented if they cannot acquire land without 3 years residence.
I should therefore be disposed to sanction all these Alien Acts.
There is no objection to the Common Law Procedure Act.
It is almost certain that more Foreigners than British subjects will
for the present resort to Vancouvers Island for purposes of trade
connected particularly with British Columbia. If we facilitate
Naturalization and acquisiton of land I believe the larger part of
them will become contented Subjects—if we refuse these advantages
they will remain in the Island but be dissatisfied Aliens with no
bond of attachment to the Colony and the ready instruments of
intrigue in times of war or danger. I would therefore sanction these
Acts.
Documents enclosed with the main document (not transcribed)
Four Acts, as per despatch, not on microfilm.
Attorney General George Hunter Cary to Colonial Secretary, 24
November 1861, reporting favourably on the four acts in question.
Extract, official announcement declaring the legal position of
aliens, "originally forwarded in British Columbia Despatch No 38
of the 29th November 1858."
Newcastle to The Lord President, 19 February 1862, forwarding the four
acts and asking that they be submitted to the Queen in Council and
recommending them for approval.