Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Kennedy, Arthur to Cardwell, Edward 13 July 1866, CO 305:29, no. 8306, 19.
Abstract
Kennedy, Arthur to Cardwell, Edward 13 July 1866, CO 305:29, no. 8306, 19.
Despatch to London.
Minutes (7), Enclosures (untranscribed) (4), Other documents (4).
No. 51, Separate
13th July 1866
Sir,
In compliance with the request contained in your Circular Despatch
dated 10th June 1866 I have the honor to transmit a Return of oaths
required to be taken in this Colony.
I regret the delay which has occurred in forwarding this Return which
is owing partly to the lossof
of your Circular Despatch by the wreck of
the Mail Steamer "Brother Jonathan."
of your Circular Despatch by the wreck of
the Mail Steamer "Brother Jonathan."
Minutes by CO staff
Mr Elliot
Add to the other replies. I am going to make an analysis, the other answers to the circular having been already printed for Parliament.
Add to the other replies. I am going to make an analysis, the other answers to the circular having been already printed for Parliament.
GG 27 Augt
The Act of 1868 has not been acted on.
What is necessary, I think, is to alter the Royal Instructions to
future Governors substituting the new for the old oaths.
And to frame a circular dealing with the oaths of executive officals
& judicial officers in General so as to reduce all the oaths set
forth in PP
344/1866 to the two [other?]
forms prescribed or maintained by the Act, or as near them as the
nature of the case renders advisable. I have set this going.
344/1866 to the two [other?]
forms prescribed or maintained by the Act, or as near them as the
nature of the case renders advisable. I have set this going.
How the matter has been dealt with in this office hitherto you will
see by the annexed paper 5901—H. Kong.
see by the annexed paper 5901—H. Kong.
If I might be allowed to say so—Sir C. [OL's?]
proposed remedy for the evil wh he complains of—by a Circular to
Governors (who in hypothesis have already taken the old oath) telling
them they ought to take no oaths but the new ones, is a shooting
rather
behind the mark.
behind the mark.
FR
3/4
Sir F. Rogers
I think not—Sir C O'Loghlin wants the new oath to be promulgated in each colony, & considers the Governor the proper person, as I suppose he is, to do this.
I think not—Sir C O'Loghlin wants the new oath to be promulgated in each colony, & considers the Governor the proper person, as I suppose he is, to do this.
WM
3/4
Other documents included in the file
[Mormon Green?] Dublin
30 March 1868
My Dear Monsell
You may remember I spoke to you the other night about the oaths now
taken by Colonial Governors; you asked me to drop you a line on the
subject.
I [think?] Colonial Governors
continue to take the old offices [and?]
oaths which we got rid of a Session or two ago, & I want
you to have a Circular issued to all our Colonies, calling
attention to recent legislation, & stating that Governors should
now take no oath but the oath
of allegiance, & any oath of office that
any statute may require them to take.
continue to take the old offices [and?]
oaths which we got rid of a Session or two ago, & I want
you to have a Circular issued to all our Colonies, calling
attention to recent legislation, & stating that Governors should
now take no oath but the oath
of allegiance, & any oath of office that
any statute may require them to take.
In your office you can easily refer to the oaths Governors of
our Australian Colonies &c are now required to take.
I do not [think?] Adderley
did anything on the subject.
did anything on the subject.
Minutes by CO staff
Sir F. Rogers
Vancouver Island Dispatch 8306/1868 [1865] relates to the question of oaths taken in the Colonies. It arrived after the replies of the other Colonies to the Circular had been laid before Parlt. The question at that time pending was what steps should be taken for regulating the form of Oath to be taken in the Colonies. It was decided to defer any action on that point until something should have been done in this country on the Report of the Commrs on oaths. See the Minutes on 5901 Hong Kong and particularly the Duke of Buckingham's of the 17 Sepr 1867.
Vancouver Island Dispatch 8306/1868 [1865] relates to the question of oaths taken in the Colonies. It arrived after the replies of the other Colonies to the Circular had been laid before Parlt. The question at that time pending was what steps should be taken for regulating the form of Oath to be taken in the Colonies. It was decided to defer any action on that point until something should have been done in this country on the Report of the Commrs on oaths. See the Minutes on 5901 Hong Kong and particularly the Duke of Buckingham's of the 17 Sepr 1867.
In the course of last month an enquiry was made verbally at the Home
Office, and it was not known there that any
thing had been done in
this Country. The Printed Report of the Oaths Commrs was dated in
1867 and there was much difference of opinion amongst the Commrs.
thing had been done in
this Country. The Printed Report of the Oaths Commrs was dated in
1867 and there was much difference of opinion amongst the Commrs.
GG
29/3
See Promissory Oaths Act last Session for the UK 31/32 Vict c. 72 &
Office & Oath Act 1867 30 & 31 V c. 75
for the UK.
Documents enclosed with the main document (not transcribed)
"A Return describing the Oaths taken in the Colony of Vancouver
Island and its Dependencies, by the Governor, by the Members of the
Executive Council, and by the Members of the Legislature," including
the nature of the oath, in what form it was taken, and under what
authority it was issued, signed by W.A.G. Young, Colonial Secretary.
"Form of the Oath of Office administered to the Governor upon
taking office."
"Form of the Oath administered to Members of the Executive
Council."
"Declaration as to qualification made by a Member of the
Legislative Assembly upon taking his Seat."
Other documents included in the file
Circular Despatch, Granville to Colonies not having Responsible
Government, 8 May 1869, discussing the question of oaths and
appending a schedule containing four oaths to be taken by government
officials in the colony.
Circular Despatch, Granville to Colonies having Responsible
Government, 8 May 1869, forwarding the circular as noted above and
asking that they consider making "such amendments in the law and
practice as may be required to carry out those views."
Granville to Governors of St. Helena, Gibralter and
Heligoland, 8 May 1869, forwarding copy of the circular as noted
above and asking that they make such legislative changes "as are
requisite to carry out those views so far as they are applicable."