Despatch to London.
Minutes (2), Enclosures (untranscribed) (5), Other documents (1), Marginalia (3).
No. 36, Miscellaneous
7th June 1865
Sir,
1. I have the honor to transmit the copy of a correspondence which
has passed between the Government, the Acting Attorney General, and
the Postmaster of this Colony which explains itself.
2. The extraordinary and anomalous condition of the Postal
Establishment of Vancouver Island compels me to trouble you withthis this
matter, inasmuch as at present there is no legal guarantee for the
safe receipt or transmission of the public correspondence.
3. You will observe that I do not make this reference without having
first adopted the only course open to me for the correction of so
serious an evil.
4. In the course of my inquiry into the working of the various
Departments of this Colony, I arrived at the conclusion that great
mismanagement, inconvenience and loss to the public Revenueresulted resulted
from a bad postal system inefficiently worked.
5. To remedy this state of things I had the Postal Bill of which I
enclose a copy drafted by the Acting Attorney General and introduced
into the Legislative Council which it passed, and was sent in the
usual course to the Legislative Assembly, where it was thrown out
without even the
form of discussion, and I see no reason to anticipate that the
Assembly will take any step to place the Department on a sound or
legal footing tillsome some financial scandal take place such as that
which signalized Mr D'Ewes administration of this important
Department in 1861-2. Indeed it seems unaccountable why steps were
not at that time taken by the Legislature to place it on a sound and
legal footing.
6. You will observe from the letter of Mr Wootton the present
Harbour Master that he is conducting the Postal Department without
any Rules or Regulations, and never received any but verbalinstructions
instructions, and that he knows of no authority by which the
different rates of postage are fixed and levied.
7. You will also learn from the concluding portion of the Acting
Attorney General's letter (of May 31st 1865) that he is "at a loss
to know by what lawful authority the existing Postal Service" (in
this Colony) "has been established."
8. It thus appears that Mr Wootton the present Acting Postmaster
was appointed in 1861 without written Regulations andwithout without other
than verbal instructions of the Colonial Secretary, the nature of
which in his absence I cannot know, and for the issuing of which there
does not appear to be any legal authority.
9. It further appears that the Acting Postmaster at present is under
no legal control, and that the Governor has no legal warrant for
reforming an ill managed Department by issuing Rules and
Regulations—by fixing rates of postage and having the proceeds duly
accounted for.
10. The financial arrangements are in my opinion of a most
unsatisfactory kind, offering great temptations to fraud without any
adequate check or means of detection.
11. I would under ordinary circumstances deem it my duty to apply
some temporary remedy, but it would be hardly convenient to do so,
immediately after the Legislative Assembly having refused to
entertain the subject by throwing out a carefully considered Postal
Bill which had passed theother other Branch of the Legislature, without
reason assigned, or attempt to amend it.
12. I enclose extracts from two local Newspapers of the 27th May
containing the only information I have received or can offer on the
course adopted by the Legislative Assembly.
I have the honor to be,
Sir
Your most obedient Servant A.E. Kennedy
Governor
Minutes by CO staff
Sir F. Rogers
Refer this to the G.P. Office and ask that Dt to favor Mr
Cardwell with any suggestions which he may communicate to the
Governor for his guidance.
If this obstructing Ho: of Assembly will not pass a Law to regulate
the Posts of the Colony can the Imperial Acts be brought to bear upon
them?
[I suppose that the Postmaster holds during pleasure and therefore
will be obliged on pain of dismissal to observe any regulations wh
the Governor may lay down.]
What may be the right of the Postmaster in respect of levying rates
of postage is another matter which may possibly be complicated by
Imperial Law.
I do not understandy why Mr Kennedy refrained from issuing
instructions to the P Master (if necessary to be enforced by
suspension). They wd of course be obeyed.
Refer to P.O. with an observation to the effect of the words betn
brackets.
Documents enclosed with the main document (not transcribed)
Henry Wakeford, Acting Colonial Secretary, to Acting Attorney
General, 30 May 1865, asking for general information on the postal
laws of the colony and the authority under which the laws were
enacted.
Thomas L. Wood, Acting Attorney General, to Wakeford, 31 May
1865, providing detailed information on the postal laws and advising
that he was "at a loss to know by what lawful authority the existing
Postal Service has been established."
Wakeford to Postmaster, 5 June 1865, asking for a copy of the
"Rules and Regulations under which your Department is conducted
together with a copy of any instructions you have received as
Postmaster of this Colony."
Henry Wootton, Postmaster, to Wakeford, 7 June 1865, advising
that except for a letter from the Colonial Secretary he had never
received any written instructions, but had merely continued to charge
the rates in effect when he assumed office.
Extract, W.A.G. Young, Colonial Secretary, to Wootton, 23
October 1861, advising that he would assume the duties of Postmaster,
with all arrangements left in his hands as he felt "expedient and
proper, seeking instructions from this office in any case of doubt or
difficulty."
Other documents included in the file
Rogers to Hill, Post Office, 17 August 1865, forwarding copy of
the despatch and enclosures for observations and suggestions.