No. 10, Financial
13th February 1866
1. In reference to the subject of my Despatch No 9 of 8th February 1866, I have the honor to enclose a copy of Resolutions of the Legislative Assembly in reply to my Message of 2nd February 1866 transmitted in the Despatch above quoted, and Reports of the Debates theron extracted from local newspapers.
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2. I have already treated of most of the matters to which these Resolutions relate which will obviate the necessity of my now addressing you at any great length.
3. The assertion contained in the first Resolution that, in a Colony which may at some time be placed under responsible government, offices in the public service cannot be permanent involves, as I believe, a wholly novel proposition, and while it strikes at the root of the efficiency and respectability oftheManuscript image the service, ignores the propriety of faith being kept with public servants. As regards the offices of Registrar General and Assessor the Bills affecting them are not yet introduced and if they should be passed by the Assembly would not be likely to become law.
4. Resolution 2. I believe that the respectable portion of this small community deprecate very earnestly the manner in which the Assembly has dealtwithManuscript image with the Estimates and, although anxious for all reasonable economy, see no justification for the mode in which the Assembly has proceeded to effect "retrenchment."
5. I am unable to admit the assertions contained in Resolution 3 to be in accordance with fact.
6. The claims of the Assembly as put forth in Resolution 4 have been already remarked upon in previous despatches. I would remind you that they are set upnowManuscript image now for the first time by the Assembly. The statement in this Resolution that "various votes of last year were applied contrary to the express stipulations of the Assembly" is not in accordance with fact.
7. Resolution 5 is but a juggle with figures. As will be seen by the statement which accompanied my Despatch No 9 of 8th February 1866, the Assembly have increased the Estimates by sums amounting in all to about $77,000 (£15,875), a proceeding which I conceive to be wholly inexcessManuscript image excess of their powers. They have also reduced and disallowed sums proposed in the Estimates to a considerable amount. I have not questioned their right in that respect. Various appropriations for the year 1865 were, as I have already informed you in another Despatch, necessarily not availed of owing to the want of funds.
8. Resolution 6 (Police). It will be observed that I remarked upon this subject in my Message totheManuscript image the Assembly dated 2nd February 1866 (herewith) under the head of "Police."
9. This subject cannot be dismissed without some further remark.
10. A moments consideration must convince any reflecting mind of the dangerous absurdity of committing the care of life, property, and peace in such a community as that of Vancouver Island, to five policemen which would afford one man on duty at a time.
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11. The character and constitution of Board of Trade in gold seeking countries is well understood, and I regret to say that Victoria has its full proportion of thieves, burglars, gamblers, publicans and prostitutes.
12. It will be remarked there is no other available force in this Colony beyond the moral support afforded by the presence from time to time of some of Her Majesty's Ships. Robberies are frequent and "the knife" often resorted to in drunken quarrels.
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13. By a Return called for and presented to the Assembly on the 25th January 1866 it appears that the Police Magistrate of Victoria adjudicated upon 1583 cases between the 30th September 1864 and 30th November 1865.
14. The Legislative Assembly I fear look to the neighbouring Territory for precedents where, "vigilantes" administer justice and "difficulties" are adjusted with the revolver and bowie knife.
15. It is obvious that a totalofManuscript image of five policemen for the whole Colony, affording one at a time for duty, is virtually to leave whiskey selling to Indians, drunkenness, and prostitution unchecked, and the extent to which these are carried among the Indian population alone, may be gathered from the letters of the Bishop of Columbia, the Rev A.C. Garrett, and the Superintendent of Police, copies of which I enclose.
16. I had occasion to report on the state of the Police force in myDespatchManuscript image Despatch No 100 dated 3rd December 1864 and now that Lieutenant Hankin R.N., the Superintendent, has brought it into a state of efficiency and decency the Legislative Assembly see fit to reduce it to a standard both as to pay of officers and numbers which renders it useless or compels the members of it to have recourse to the same means for a subsistence.
17. The number of prisoners undergoing sentence in the gaol varies from 50 to 60—desperadoes of all nationalities—and the absence of anyforceManuscript image force beyond a gaoler and a few warders to suppress any outbreak is courting a danger which will more than probably occur.
18. There are, moreover, 800 stand of arms given to the Colony by Her Majesty's Government and at present in charge of the Police without any guarantee against their being seized.
19. The very small number of resident British population renders the reduction or abolution of the Police force a still graver and more significant fact.
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20. In relation to Resolution 7 it will be seen by reference to my Despatches No 57, 18th July 1865 and No 80, 20th September 1865 that a sum of $1200 (£247) was voted and passed in the Appropriation Act for 1865, under the head, "Fixed Establishment, Auditor, Salaries"—and the words "Auditing Accounts" under such a heading may not unreasonably be regarded as synonymous with "Auditors salary."
21. Resolution 8 (Coroner). This office was created by a letter of myPredecessorManuscript image Predecessor to meet a temporary want in 1860 and was never submitted to or sanctioned by Her Majesty. Being advised by the Acting Attorney General that the Governor had exceeded his powers in appointing a "coroner" and that the holder of the office, Dr Dickson, had no legal authority for acting as such, I with the advice and unanimous concurrence of my Executive Council transferred the duties heretofore performed by Dr Dickson to the Stipendiary magistrate of Victoria, thereby effecting a considerable saving to the public. TheofficeManuscript image office over which the Executive could exercise no efficient control was rapidly degenerating into a "job."
22. Dr Dickson being a Member of the Assembly advocates the retention of his own services and protests against the legality of his being deprived of office. On this latter point I may state that I am fortified by the highest legal authority in the Colony.
I have the honor to be,
Your most obedient Servant
A.E. Kennedy
Minutes by CO staff
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See minute of 12 Apl with 3765.
Documents enclosed with the main document (not transcribed)
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Newspaper clippings, British Colonist, 9, 10 and 13 February 1866 and Daily Chronicle, 9, 10 and 13 February 1866, reporting debates held in the House of Assembly on various resolutions, as per despatch.
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Assorted returns dealing with cases brought before the Stipendiary Magistrate for Victoria between 30 September 1864 and 30 November 1865.
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Printed copy of resolutions passed by the legislative assembly on 9 February 1866, as per despatch.
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Kennedy to Legislative Assembly, 2 February 1866, unnamed newspaper clipping, responding negatively to their amendments to the estimates for 1866.
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G. Columbia to Kennedy, 6 February 1866, enclosing a memorial from the Reverend A.C. Garrett, principal of the Indian mission, on native conditions in the colony, and expressing his concurrence with the conclusions and recommendations contained therein.
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Garrett to Kennedy, 5 February 1866, as noted below.
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Philip Hankin, Superintendent of Police to [Kennedy], 8 February 1866, as noted below.
Documents enclosed with the main document (transcribed)
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Garrett to Kennedy, 5 February 1866

Indian Mission
February 5th 1866 To His Excellency the Governor

May it please Your Excellency
I desire most respectfully to submit for Your Excellency's consideration, the following facts in connection with the state of the Indian population.
1. The Indians on the reserve having been for a considerable period without any supervision have become more abandoned than ever if that were possible.
2. Drunkeness and consequent riot are the rule of their existence.
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3. Filth accumulates among their dwellings in a degree which gives sad and fearful promise of pestilence when warmer suns shall have developed its latent decomposition.
4. They neglect to bury their dead, and have now as many as seven or eight bodies in canvas covered sepulchres in the very midst of their swarming camp.
5. The numbers who live in Victoria for purposes of prostitution spread death among their fellows both by disease and whiskey, facilities for procuring liquor beingaffordedManuscript image afforded by their residence in town.
To remedy this fearful state of things I would suggest for Your Excellency's consideration the following outline of a plan for the amelioration of the Aborigines on the Reserve.
1. Appoint a Constable, of sufficient judgment to avoid attempting what is impracticable, sufficient honesty to be above corruption, sufficient moral strength to escape the many snares which will be skilfully laid for him, sufficient experience to detest incipientcrimeManuscript image crime, and sufficient courage to compel the respect and attention of the Natives.
2. He should reside on the Reserve and be responsible for the sobriety and good order of the inhabitants. Let it be his duty to compel the abatement of all nuisances, and to enforce such sanitary laws as it may seem expedient to Your Excellency to impose for his guidance.
3. Funds for the payment of this officer might I think be drawn from two sources
(a) Partly from the rents and proceeds of the Reserve, as the Songes wouldderiveManuscript image derive large benefit from his presence.
(b) The balance might be derived from a poll tax to be levied on all comers from the North or elsewhere in connection with a system of registration.
4. A few of the Chiefs of greatest influence might be appointed to assist the officer, and rewarded with a trifling present for approved service.
Should your Excellency deem it desirable to attempt any such measure for the improvement of the Victoria Indians, if in any way I can be useful either in thesuperintendenceManuscript image superintendence or execution of it, I trust Your Excellency will avail yourself of my services without hesitation.
I remain &c
Alexr C. Garrett

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Hankin to Kennedy, 8 February 1866

Police Office
February 8th 1866
In accordance with the request of Your Excellency I have the honor to submit the following for your information.
There are about 200 Indian prostitutes living in Cormorant, Fisgard, and Store Streets in a state of filth, and dirt beyond all description. On entering one of their shanties in the afternoon I have seen 3 or 4 Indian women lyingdrunkManuscript image drunk on the floor, nearly naked, covered with blood, and their faces cut with broken bottles with which they had been fighting.
In one place known as the "Gully" between Johnson and Cormorant Streets some of these dens of infamy are two and three stories high, the rooms about eight feet square, and as many as 6 or 8 persons living in each room. The chimneys belonging to these shanties are in several instances very defective and dangerous.
The shanties are principallyownedManuscript image owned by Chinese, and hired by the Indians at a monthly rental of about 5 dollars.
The stench emitted from these dens is abominable, and is sufficient to cause some loathsome and contagious disease. Whiskey sellers, prostitutes and bad characters are to be found in this locality, and unfortunate sailors coming on leave from their ships are allured here by the Indian women, and robbed.
If it were not for the constant supervision of the Police, it would be dangerous for any respectable person to walk through these streetseitherManuscript image either by day or night. New shanties have lately been erected, and are still increasing in number.
I have &c
Philip Hankin
Superintendant of Police