M Elliot
Van Couver Isl is a Colony with a representative form of
Gov—has practically control over its own finances—& the
Gov is
carried on by the means of Executive Officers who, with the exception
of the Governor, are not under the exclusive control of the Col.
Office. Therefore unless the Governor Asks the S.S. to allow his
Agents in this Country to negotiate the business of the Colony,
implying thereby that the Colony is prepared to stand by the
engagements contracted, at his request, by the S. State's Agents
here, it is not very safe for the Col. Office to become a party in
the transaction. A dispute may arise—there may exist difficulties
as to payment, & the Col. Office gets involved in a Lawsuit. In this
instance we are asked by a Subordinate Officer of the local
Gov to
undertake the responsibility of becoming contractors to a legal
engagement. The Governor has not made this request. For aught we
know even the
Gov may find fault with us if we assent to the
Surveyor General's proposition. If the Colony were, in common
prudence, a Crown Colony, the case
w be different. As it is, my
opinion is unfavorable to a compliance with
M Pemberton's request.