Despatch to London.
Minutes (5), Enclosures (untranscribed) (1), Marginalia (3).
No 48, Separate
26th June 1866
Sir,
1. I have the honor to transmit a Memorial from the Legislative
Assembly of this Colony with reference to the union of Vancouver
Island and British Columbia.
2. I have numbered the paragraphs of this Memorial for greater
facility of reference.
3. I
3. I would beg to refer you generally to my Despatches named in the
margin
Separate, 14th April 1864
Separate, 5th May "
No 40, 7th July "
No 45, 13th July "
No 16, 21st March 1865
No 27, 4th May "
No 36, 7th June "
No 57, 18th July "
No 73, 24th August "
No 78, 5th September "
No 81, 22nd " "
No 92, 1st December "
No 4, 23rd January 1866
No 7, 30th " "
No 9, 8th February "
No 10, 13th " "
No 14, 1st March "
No 24, 26th " "
which treat of many of the subjects touched upon in this Memorial.
4. A reference to my Despatch No 44 dated 22nd June 1866 by this
Mail will show distinctly that the statement in paragraph 1 of the
Memorial that I declined to transmit the Resolutions of the Assembly
"unless
approved by the LegislativeCouncil" Council" does not consist with fact.
Whatever motive may have induced that statement, such a palpable
inaccuracy at the outset of the Memorial will not I apprehend tend to
give weight to subsequent statements the truthfulness or otherwise of
which you may not possess equally distinct means of determining.
5. Paragraph 2. Three evils appear by the latter part of thisparagraph
paragraph to be treated of therein. The first is merely alluded to
as something inevitable which will effect "their" own cure, and is
not definitely described. The second evil is the continued
separation of the Colonies resulting, as alleged, in legislation on
the part of British Columbia "hostile alike to Imperial and Vancouver
Island interests." I presume this has relation to the subject of my
Despatches Nos 43 and 46 dated 16th and 26th Junerespectively. respectively.
Of the third evil alleged to be "others flowing from the
unnecessarily expensive and highly impracticable systems of
Government of both Colonies," I can only speak as regards Vancouver
Island. You will have gathered from previous Despatches that I have
long been of opinion that the form of Government of this Colony is
wholly unsuited to its population and circumstances,that that it is
unworkable, and that a simpler form would be far better and possibly
cheaper than the present. And it is an undoubted fact that the
representative Assembly has been both directly and indirectly the
cause of much unnecessary expenditure. The costly scheme referred to
in my Despatch named in the margin
No 4, 23rd January 1866, paragraph [cut off microfilm].
emanated from the Assembly. The
"insupportable burthen" with which the people are oppressed isnot not
defined. If taxation be intended I have already in previous
Despatches stated my opinions on that subject. What may be the
nature of the "liberal and necessary laws" referred to by the
Assembly I will leave you to infer when I state that the only measure
passed for which any apparent popular clamour has been raised was a
School Bill passed in 1865
Vide No 7, 30th January 1866. Paragraph 11.
and which has already been the fruitful
parent of expenditure and jobbery,and and that the Land Proclamation
(founded I believe chiefly on the land laws of the neighbouring
American States) has given the greatest encouragement to land
speculation and thereby retarded the settlement and consequently the
development of the country.
6. Paragraph 3. I have already expressed my opinion in favour of
the union of the Colonies and of an early settlement of the question.
The cause of the separation of the colonies is of course well knownat
at the Colonial Office, but I believe I am right in denying it to
have been the result of "Imperial expediency." The two Colonies are
not only intimately connected with each other but to a very great
extent mutually dependent.
7. Paragraph 4. The traders and land speculators have fixed
themselves at Victoria, the port first established in either colony,
and there some of the miners of British Columbia spend theirwinters winters
and their gold. Last winter a larger number of miners wintered at
the Mines than theretofore.
8. Paragraph 5. The Indians of Vancouver Island do not contribute
appreciably to the Revenue. They may be said to be wholly untaxed.
This estimate of the population of the two colonies at 10,000 is much
lower than the true numbers. I have already expressed my views upon
the taxation and expenditure of Vancouver Island and whateverobjections
objections I may entertain to the present mode of raising taxes
adopted in this Colony, the application of such terms as
"unparalleled" and "ruinous" to the taxation of Vancouver Island where
the bulk of the population may be said to be
untaxed, is wholly without warrant. A form of Government in
which the management of the affairs of the Colony instead of being
left to an irresponsible body like the Assembly, should be entrusted,
to a greater extent than at present at all events,to to persons
answerable for their conduct to the Crown would tend to the end
desired in this paragraph, and would I believe meet the general
approval of the respectable and soberminded British inhabitants of
the Colony.
9. Paragraph 6. This paragraph relates chiefly to British Columbia. If
by "a more liberal and responsible form of Government" party
Government on the model of Great Britain or her more advanced
Colonies be meant, I have nohesitation hesitation in saying that in Vancouver
Island the elements of such a form of Government have never existed
and are not likely in my opinion to be found for many years to come.
10. Paragraph 7. It is true that the Legislative Council have
rejected measures passed by the Assembly or having modified them they
have been rejected by the Assembly. The time of the Assembly with no
representative of the Executive Government to assist in itsdeliberations
deliberations has been chiefly occupied in useless discussions and in
passing Bills which never could without much modification have
received the Confirmation of Her Majesty.
The rejection of the Volunteer Bill and the recent rejection for the
second time of the Postal Bill by the Assembly after passing the
Legislative Council are instances in which the complaint of that Body
against the Legislative Council might be directed with all the force
of truth against itself.The The Members of the Legislative Council are
directly responsible to the Crown but I am compelled to say that the
Members of the Assembly so far as my experience of that Body has
extended, have not evinced any sense of responsiblity to their
constituents, to each other, or to their Sovereign. The instance or
instances in which the Governor has refused "to grant necessary
information" are not detailed and the assertion to that effect does
not require comment beyondstating stating that so far as I am concerned I
have always readily granted "necessary information to the Assembly on
matters affecting the vital interests of the Colony" so far as it has
been within my power to do so.
11. Paragraph 8. The control of the "manner and amount of the
taxation and expenditure" has unfortunately been too much left to the
Assembly and the result has been financial confusion and
embarrassment. As regards thesalary salary of the Governor of this Colony
I beg to refer you to my Despatch No 27 dated 4th May 1865. A
Government House is now maintained here but not "at great expense" to
the Colony—some of the expenses which should properly be charged to
the public are now defrayed by the Governor. The words "each has a
Private Secretary" appear from the context to be intended to convey
the idea of a public charge, the fact being that the Assembly have
refused to vote the salary of the Private Secretary of the Governorof
of this Colony.
12. Paragraph 9. If it be not premature to discuss a civil list for
the united Colonies I am prepared to show that the amounts proposed
are very inadequate.
13. Paragraph 10. This is a matter of hypothesis which Her
Majesty's Government will know how to deal with in a proper manner.
14. Paragraphs 11 and 12. The representative Institutions of
Vancouver Island do not give much earnest of better things from
similar institutions in the unitedColonies Colonies. "An economical
Government" would doubtless be advantageous. The scheme of opening
the communication across the Rocky Mountains may be of great
advantage as the interior of British Columbia becomes settled and
opened up.
15. Paragraphs 13 to 16. I have earnestly advocated the
establishment of a British line of steamers between this Colony and
Panama but the Assembly have hitherto interposed insurmountable
obstacles in the wayby by refusing to vote a sufficient subsidy, and by
the rejection of a postal law besides the barrier which the
uncertainty of the continuance or repetition of votes of subsidies
has presented to any Company contemplating the establishment of such
a line. The suggestion of the importance of establishing efficient
and regular postal communication with the Mother Country has until
the present time been treated with neglect and indifference by the
Assembly.I I have not been without hopes that a subsidy of such an
amount as the two Colonies could have afforded would, with a due
assurance of permanence, have led Her Majesty's Government to
consider favourably a proposal to increase that subsidy to such an
amount as would have induced a responsible company to undertake the
service.
16. Paragraph 16. The large sums referred to in this paragraph as
being now paid to keep up a connection with California cannotbe be
considered as part of a steady and determined scheme of communication
with the Mother Country although in fact that connection involves a
portion of the whole route. The "large sums" are being expensed for
the purpose (proper and useful in itself) of attracting the traffic
expected to arise this year to a new gold field on the Upper Columbia
River, through Victoria and by way of the Fraser River rather than
allowing it to pass through United States Territory.
17. Paragraph
17. Paragraph 17. I believe the natural resources of these Colonies
to be such as with sufficient development would secure lasting
prosperity to both.
18. I cannot conclude without drawing your attention to the fact
that this Memorial is the result of several secret sittings of the
Assembly and that I am therefore in utter ignorance of the number of
Members from whom it emanates and of the degree of unanimity with
which itwas was adopted and I think looking at the recent instances in
which matters of importance have been discussed in a thin House and
earned by a narrow majority it is a matter for regret that I am not
able to afford you any information on this point.
I have the honor to be,
Sir,
Your most obedient Servant A.E. Kennedy
Governor
Minutes by CO staff
Sir F. Rogers
I should say that there is no necessity now for doing anything more
than instructing the Governor to inform the H. Assembly that the
Petition has been laid before the Queen, and thanking the Governor
for the comments which he has made upon that Petition.
This despatch is an abundant proof, had any more proof been
necessary, of the urgent need of suppressing this mockery of
representative Institutions.
Mr Elliot
It seems to me doubtful which of these dphes (i.e. this and 7605)
should be treated so summarily as Mr Blackwood proposes. But I am
not sufficiently familiar with the politics of these colonies to
judge & witht an examination wh it is too late for me to give I
must therefore leave the papers for you with this observation.
I understand that the recent act has been passed on the understanding
that V.C.I. was ready to give up its free institutions in
consideration of being united with B.C. But now the Assembly has
passed Resolutions virtually negativing this understanding—& have
asked the Gov. to telegraph them in time to stop the Parliamentary
action based on the previous understanding. This the Govr has
refused to do (rightly enough I dare say) & the Resolutions reach us
too late to stop the Act of Parlt—but not too late to stop the
Proclamation of Union issuable under it.
It seems to me that this state of things calls for a somewhat careful
dph in vindication of the policy of the Home Govt in proceeding to
unite the Colonies under one Crown Legislature & (if so decided)
appointing a Governor with 5000£ a year.
Sir F. Rogers
By an accident which I greatly lament, these two Vancouver despatches
were laid aside in the pressure of urgent matters during the last six
weeks. The leading facts are as follows. In March, 1865, the
Assembly begged for an Union with B. Columbia under any Constitution
that H.MsGovt would grant.
In Decr 1865 the Assembly adhered to the desire for Union, and did
not retract its former Resolution, although it expressed a preference
for Responsible Government and Representative Institutions.
Therefore the Bill for Union was brought into the Imperial Parliament.
In the mean while the Vancouver Assembly passed a Resolution in June
1866 (printed copy with 7605) repeating their desire for Union, under
a Constitution giving representation to the people. The Governor
refused to telegraph this, whereupon the Assembly itself telegraphed
it. The telegram is annexed with Lord Carnarvon's minute for not
acting on an irregular communication of this kind. Mr Blackwood
tells me that the late House of Assembly has expired in the course of
the summer by lapse of time.
It seems to me that the answer is that the Union having been
repeatedly urged by the Assembly and agreed to by the Council (this
is to be verified) and the Assembly never having retracted its
original resolution under any constitution which H. M's Govt might
grant, although it did at later dates express its own preference for
representative institutions, the Imperial Government have passed
through parliament that measure which appeared to it best adapted to
the purpose.
Lord Carnarvon
You will remember all that made it seem, as it doubly proves
absolutely necessary to unite at once these Cols & the entire
impossibility of representative Govt for B.C. with its shifting
population of Golddiggers.
Would you not therefore, in acknowledging this Memorial of the VCIAssembly only, say that their repeated application for immediate
Union in accordance as it was with the views of all other branches of
both Legislatures & with the views of the Gov at home—as urgently
necessary for economy & concert had been acceded to by the Imp Parlt
though the subsequently attached Condition of Representative Govt,
had been found wholly impracticable for the two united?
Documents enclosed with the main document (not transcribed)
Memorial, Legislative Assembly to the Queen, 22 June 1866,
reiterating their desire for union of the two colonies, but
qualifying this position with a number of conditions
including the maintenance of representative institutions,
signed by J.S. Helmcken, Speaker (ten pages).