Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Kennedy, Arthur to Cardwell, Edward 19 October 1864, CO 305:23, no. 11618, 381.
Abstract
Despatch to London.
Minutes (3), Enclosures (untranscribed) (2), Other documents (1).
Kennedy forwards copies of resolutions passed by the Legislative Assembly regarding the appointment
of a Chief Justice as well as his address to the assembly. The Colonial Office minutes their discussion on whether the resolutions should be passed as a bill and
potential revenue from gold found on Vancouver Island.
No. 86
19th October 1864
Sir
I have the honor to transmit a copy of Resolutions passed by the
Legislative Assembly of this Colony relative to the appointment of a
Chief Justice together with a copy of my Message in reply thereto.
A Bill to make permanent provision for the salary of this officer has
been introduced and will doubtless pass the LegislativeAssembly
Assembly, but
I am unable to say whether it will be adopted in its present form by
the Legislative Council.
Assembly, but
I am unable to say whether it will be adopted in its present form by
the Legislative Council.
It is proper for me to remark that though the Legislative Assembly
has been in Session for days the subject of a Civil List or Crown
Lands has not been yet taken up though prominently brought under the
notice of the Legislature in my opening speech as communicated to you
in my Despatch No 54 dated 16th August 1864.
The
The course adopted by the Legislative Assembly in dealing with a part
of the Civil List question only is in my opinion inconvenient and
unsatisfactory but as much importance is attached by the Assembly to
the transmission of these Resolutions I send them accordingly.
Minutes by CO staff
Mr Elliot
The Assembly have passed a "Resolution" pledging themselves to vote £1200 a year as a Salary for a Chief Justice whenever a Member of the English Bar shall be appointed. The Governor shows in his address to the House that a Resolution cannot be considered a "Permanent act of the Legislature" & would not, he apprehends, justify the S of S. in making the required appointment.
The Assembly have passed a "Resolution" pledging themselves to vote £1200 a year as a Salary for a Chief Justice whenever a Member of the English Bar shall be appointed. The Governor shows in his address to the House that a Resolution cannot be considered a "Permanent act of the Legislature" & would not, he apprehends, justify the S of S. in making the required appointment.
VJ
19 Decr
Sir F. Rogers
If we were sure that a Bill embodying the Resolution would follow, that might seem at first sight a reason for suspending our answer. But I do not think that this would be advisable. As the fate of the Bill is reported to be uncertain, and as the Assembly itself is anxious for an early transmission of it's Resolution, I think that the expedient course is to send out at once an answer showing the views of H.M's Govt.
If we were sure that a Bill embodying the Resolution would follow, that might seem at first sight a reason for suspending our answer. But I do not think that this would be advisable. As the fate of the Bill is reported to be uncertain, and as the Assembly itself is anxious for an early transmission of it's Resolution, I think that the expedient course is to send out at once an answer showing the views of H.M's Govt.
I should ackge the Governor's despatch, and should say that as soon
as an Act shall arrive securing permanently the payment of the
intended salary to the Chief Justice, Mr Cardwell will lose no time
in selecting a Member of the English Bar, as described in theResolution
Resolution of the Assembly, to fill this Office.
Resolution of the Assembly, to fill this Office.
I should also say that Mr Cardwell trusts that it will not be long
before the Governor will find himself in a position to forward from
the Legislature a proposal to grant a suitable Civil List, in
consideration of receiving a surrender of the Crown Lands.
There have been reports recently, I think, of a discovery of gold in
Vancouver Island. If the Legislature dally much longer, I presume
that in the absence of a cession of the Crown Lands, any revenue
derived from the Gold Fields will belong to the Crown?
TFE
21 Decr
Documents enclosed with the main document (not transcribed)
Resolutions passed in the Legislative Assembly concerning
the appointment of a Chief Justice, dated 15 February and 7 October
1864.
Kennedy to the Speaker and Members of the Legislative Assembly,
newspaper clipping dated 10 October 1864, advising that while the
resolutions would be forwarded to the Colonial Office, a permanent
act had to be passed before any appointment could be made.
