Colonial Despatches

In addition to what is contained in my despatch 1 transmitting you the Order in Council for the Government of British Columbia, your Commission and Instructions, and the instrument revoking the exclusive license of the Hudson's Bay Company in British Columbia, I wish to address you a few words on the legal position which you now fill and the nature of your immediate duties.

Your first duty will be to proclaim the Act of Parliament under which British Columbia was to be governed. This Act has already been sent you, and without any express directions as to the manner and time of making it known. Probably you have already made it public. ButI I apprehend that no legal proclamation of it, so as to give it's provisions effect, could take place until you were yourself Commissioned as Governor. The formal proclamation of it must therefore be made as early as possible.

According to the opinion of lawyers in general, the colonists of a Territory circumstanced like British Columbia carry with them the law of England so far as it is applicable to their circumstances.Acts Acts therefore done in accordance with the law of England will be substantially legal, although done before any regular authority was constituted there. But your own special authority to make regulations, or enforce them, for the preservation of peace and order, could only be created by the Act of the Crown, and cannot commence until you receive their Commission. You will therefore have doubtless been compelled by the necessity of the case to perform many acts, in accordance with the spirit ofyour your instructions from myself, and my predecessors in this Department, but for which strict legal authority was wanting. It will be necessary to cover these by a Proclamation, having force of law under the powers with which you are invested, to indemnify yourself and those who have acted under your authority from legal proceedings.

You are therefore authorized to issue two Proclamations, of the same date with your assumption of the Government.

The one, which is rather matter of solemn form than ofabsolute absolute necessity, to declare the law of England prevalent throughout the Colony; subject, of course, to your own power of modifying it by law enacted by yourself when absolute necessity requires.

The other, to indemnify yourself and your subordinate Officers in manner aforesaid.

I send you by the present mail forms of both these Proclamations, 2 which you will be able to adapt to suit the exigencies of the case, if any change is required.

Almost the first point to which your attention will be directed will be the establishment of a Court or Courts of Justice, with the necessary machinery for the maintenance of law and order.

Her Majesty has issued a Commission to Mr Begbie, who will proceed by this or nextPacket packet, as Judge of British Columbia.

His title, and duties, have not been more particularly specified, because they must be defined by yourself, after consultation with him, by such law as you may enact providing for the administration of justice.

It will also be essential that you should constitute juries. But as this is done by law in Vancouver's Island, you have a precedent ready at hand, and no further instructions are necessary for me.

Mr Begbie has been fully instructed that although invested with the very important Office of Judge, he will nevertheless have the kindness for the present at least to lend you his general aid for the compilation of the necessary laws and other legal business. This is the more proper duty of an Attorney General, and, should the Colony advance as seems at present probable, the services of such an Officer will no doubt be urgently required. But I have not yet thought myself authorized to advise the Crown to appoint one, until I hear from yourself as to the civil functionariesbest best adapted to the present requirements of the Colony. I trust to receive your suggestions by the first opportunity.

From such intelligence as has reached me of the state of things in California, I have been led to believe that it would be of great service if the rights of miners could be briefly established and defined beforehand by law, instead of being left to grow up by mere custom or accident. But this is not a subject on which I have the means of assisting you.

Possibly you may find that such a body of regulations might be drawn up with the aid of a few intelligent persons selected fromamong among the miners themselves, and in whom that body would have confidence.

With these few observations, I leave with confidence in your hands the powers entrusted to you by Her Majesty's Government. These powers are indeed of very serious and unusual extent. But Her Majesty's Government fully rely on your moderation and discretion in the use of them. You are aware that they have only been granted in so unusual a form on account of the very unusual circumstances which have called into being the Colony committedto to your charge, and which may for some time continue to characterize it. To use them except for the most necessary purposes, would be in truth to abuse them greatly. They are required for the maintenance of British law and British habits of order, and for regulating the special questions to which the condition and employment of the population may give birth. But the Office of legislation, in the higher and more general sense, should be left for the legislature which may be hereafter constituted, and which Her Majesty's Governmenthope hope will be constituted at the first time consistent with the general interests of the Colony. And you will above all remember that the ordinary rights and privileges of British Subjects and of those foreigners who dwell under British protection must be sedulously maintained, and that no innovation contrary to the principles of our law can be justified except for purposes of absolute, and temporary necessity.

I will only add that although it has been judged prudent not to make the revocation of the Hudson's Bay Company'slicense license take effect until proclaimed by yourself, it is the particular instruction of Her Majesty's Government that you proclaim it with the least practicable delay, so that no questions, like those which have already arisen as to the extent and nature of the Company's rights can possibly occur.