No. 7, Legislative
4 March 1863
My Lord Duke,
I have the honour to inform Your Grace that the Legislature of Vancouver's Island was prorogued on the 27th Day of February and on the following Day I issued a Proclamation dissolving the House of Assembly, whose legal powers, limited by the "Franchise Act 1859"Manuscript image to a period of three years, expired with that date.
2. I herewith, transmit a copy of my Speech to the Legislature on its Prorogation and also a Table of all the Acts passed during the Session.
3. The Estimates were not materially altered in amount, in their passage through the House, and fully provide for the proposed expenditure of the year. The aggregate vote of the House, including the sum of $180,600 Dollars granted for public works; the extinction of Indian Titles to public land, and for a sinking fund and payment of annual interest on the Loan, amounts to $297,059 53/100 Dollars.Manuscript image The remainder of the vote about $116,460 Dollars is intended to defray the ordinary expenses of the Government.
4. It is proposed to meet that expenditure by means of the ordinary revenue of the Colony, which with the additional taxes imposed last Session, is estimated, as shewn in the accompanying statement, at $151,708.00 Dollars, leaving a deficit of $145,351.00 Dollars as compared with the proposed aggregate Expenditure, to be provided for out of the public loan of $40,000 sanctioned in Your Grace's Despatch of the 18th December 1862—No. 122.
5. I, herewith, transmit theManuscript image Supply Bills—three in Number—and I will forward copies of the other Acts as soon as they come from the Printer—the work being greatly delayed by a deficiency of Type.
I have the honor to be
My Lord Duke,
Your Grace's Most obedient Servant
James Douglas
Minutes by CO staff
Manuscript image
Mr Elliot
Acke rect.
There are 3 Acts which you will submit to Sir F. Rogers.
ABd 28 Apl
Sir F. Rogers
Governor Douglas gives us but very jejune and by no means lucid accounts of his financial transactions. I believe however that we may venture with proprietytoManuscript image to acquiesce in the present Appropriation Act.
He was empowered to raise a loan of £40,000 (say $200,000) for Harbor and Roads. His present report shows a deficiency of $145,000, to be paid out of the loan, but then the deficiency is occasioned by Harbor works and roads to which the loan is legitimately applicable.
It is true that at the very same moment we have cognizance in the Office of Bills drawn by Governor Douglas for some £7,500 against the loan, but then these Bills may be and probably are his means of getting to the Colony for defraying the current expenditure on works the money which has been raised for that purpose in England.
For these reasons it seems to me, although feeling only moderate confidence in Governor Douglas's finance, that the present estimates may be considered as free from objection on the surface, and that the Act may be passed accordingly.
TFE 2 May
I am aware of no legal objection to these Acts—But
1. I observe that the salaries of the Governor &c are not to be chargedManuscript image on the General Revenue till the Land Fund is handed over to the Legislature.
I presume that these Salaries are at present paid from the Land Fund.
2. Gov. Douglas will not take care that the Acts are sent home in proper form. Whatever is done as to the substance of these Acts I wd send a separate dph—pointing out that the acts themselves are not numbered, that the clauses of the acts are not numbered that (in spite of previous correspondence on this subject) they are not accompanied by any marginal abstract, nor by any report from the Atty General—and I would say that Gov Douglas will take care that the rules established for the transaction of business with this department are attended to.
FR 4/5
CF 5
N 6
Documents enclosed with the main document (not transcribed)
Manuscript image
Newspaper clipping containing copy of the speech given by Douglas to the Legislative Assembly to prorogue parliament, 27 February 1863, as per despatch.
Manuscript image
"Table of Acts passed during the Session ending 27th of February 1863," nine in total.
Manuscript image
"Abstract of the Probable Revenue of the Colonial Government of Vancouver Island for the Year 1863," showing a total of $151,708 (£31,280).
Other documents included in the file
Manuscript image
Draft reply, Newcastle to Douglas, No. 16, 9 May 1863.
Minutes by CO staff
Sir F. Rogers
Are the three Appropriation Acts accompanying this desph to be left to their operation? To Two of them 76 and 77 I think this course is unobjectionable, as you see no legal objection to them: but with respect to 75 I shd wish to observe that it contains a proviso that the salaries shall not be charged to the general revenue until the Crown Lands have beenManuscript image given up to the Lre. Now this exchange has not yet been effected. Indeed I am preparing a memn on this subject for His Grace. Pending the settlement of this question will it not be better to take no notice of the Act (75) which contains a condition calling for remark if not action.
I shd say take no notice for the present of No 75.
Other documents included in the file
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Newcastle to the Lord President, 10 June 1863, submitting Acts No. 65, 70, 76 and 77 to the Queen in Council and recommending that they be left to their operation.
Minutes by CO staff
N.B. Despatch to be written to Govr on Act No. 70 when Order in C.
is received.
Douglas, James to Pelham-Clinton, Henry Pelham Fiennes 4 March 1863, CO 305:20, no. 4166, 118. 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.

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