No. 102
5th December 1864
Referring to my Despatches named in the margin
Message of Governor Kennedy, 31st October 1864.
Resolutions of Legislative Assembly, 21st November 1864.
Message of Governor Kennedy, 3rd December 1864.
and the subject of the Crown Lands and Civil List of this Colony I have now the honor to transmit copies of communications which have passed between the Legislative Assembly and myself.
I do not expect that any satisfactory decision upon this question will be come to by the present House of Assembly,
Elected in July/63.
who have not yet I thinkfullyManuscript image fully realized the injury and inconvenience likely to result from the course they have adopted and which must I think ere long work its own cure.
I will avail myself of this decision of the Assembly to put the administration of the Crown Lands and Revenue on a sounder footing, reporting from time to time what I have done or propose to do.
I will of course limit the charges against the Crown Fund to those you have authorized and which there are ample funds to meet.
£3600 for Govr & Col. [one word off microfilm].
The action of the Assembly will necessitate my addressing you IfearManuscript image fear at some length on the Crown Lands question which might have been settled before I assumed the Government and which I found in a most complicated position. I will if possible have the necessary documents and information ready to transmit by the next Mail.
I have the honor to be,
Your most obedient Servant
A.E. Kennedy
Minutes by CO staff
Manuscript image
Mr Elliot
There is a good deal of reason, I think, for what the Assembly assign as their excuse for declining to take over the Crown Lands, and grant a Civil List for firstly the transfer of Van Couver Island from the Hudson's Bay Company to the Crown has not been effected, and 2ndly there is said to be considerable doubt as to the rights of various grantees to the Lands they have acquired on the Crown Estate. So long ago as 20 Augt/63 Sir Jas Douglas was instructed to close the disputed questions between the Crown & the H.B.Co, & put this office [one line off microfilm] to Sir Jas Douglas & the late Attorney General [we] know not, the desired arrangement has been left undone.
2ndly As to the illegal grants: On this subject there sat a Committee of the Ho: of Assembly. A great deal of evidence was taken—persons were inculpated—& a report was drawn up. But the case was evidently not ripe for any Executive action on the spot for the Govr has not reported any proceedings of his own in the matter. The chief result was the self dismissal of Mr Pemberton the Surveyor General, whose place, I think, ought to be promptly filled up by an appointment from home.
As the Governor says in the desph that he will write again to Mr Cardwell on the Crown Land question we must clearly wait the arrival of that report, when, I think, we shall be better able to see our way.
ABd 13 Feby/65
Mr Fortescue
Wait the further Report which is promised?
TFE 15/2
CF 16
EC 20
Documents enclosed with the main document (not transcribed)
Manuscript image
Newspaper clipping, 31 October 1864, containing an address given by Kennedy to the Legislative Assembly transmitting a despatch from Cardwell of 1 August 1864 relative to management of the crown revenues.
Newspaper clipping, 21 November 1864, containing resolutions of the House outlining their concerns in the matter as noted above.
Newspaper clipping, 3 December 1864, containing an address from Kennedy to the Legislative Assembly advising that the resolutions would be forwarded to England but expressing concern at the position taken by the House.