Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch from London
Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes to
Douglas, Sir James 16 April 1860, LAC :, 137.
Abstract
Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes to
Douglas, Sir James 16 April 1860, LAC :, 137.
Despatch from London.
No. 18
Downing Street
16 April 1860
Sir,
I have had under my consideration the Proclamation issued by you
for British Columbia on the 15th of May last for the naturalization of
Aliens, of which a copy was
transmitted to me with your despatch No. 218
of the 13th of September.
This Proclamation (which you appear to have framed after the model
of the law of Canada) provides
provides that every alien who has resided in the
Colony for three years may demand naturalization on producing a
declaration of his residence and character from some British subject, on
making himself a declaration of residence and on taking the oath of
allegiance. The latter declaration must be made and oath taken before a
Justice of the Peace who is to declare that he knows no reason why the
applicant should not be naturalized. These conditions being fulfilled
the Court of British Columbia is to record the proceedings and the alien
is to be
be deemed a British subject for all purposes whatever
"while within
the Colony of British Columbia." The naturalization may be annulled if
any party to either of the above declarations is convicted of perjury
therein. But the court is not entitled as a matter of course to examine
into the truth of the documents which it records.
provides that every alien who has resided in the
Colony for three years may demand naturalization on producing a
declaration of his residence and character from some British subject, on
making himself a declaration of residence and on taking the oath of
allegiance. The latter declaration must be made and oath taken before a
Justice of the Peace who is to declare that he knows no reason why the
applicant should not be naturalized. These conditions being fulfilled
the Court of British Columbia is to record the proceedings and the alien
is to be
be deemed a British subject for all purposes whatever
"while within
the Colony of British Columbia." The naturalization may be annulled if
any party to either of the above declarations is convicted of perjury
therein. But the court is not entitled as a matter of course to examine
into the truth of the documents which it records.
The certificate from a British subject is thus merely nugatory
since in every Community individuals will be found who will sign it
without any knowledge of it's truth.
Although this Proclamation appearsappears to have been framed by you in
full conformity with the instructions received from this Department,
yet there are points on which a few observations, with a view to future
guidance may not be superfluous.
appears to have been framed by you in
full conformity with the instructions received from this Department,
yet there are points on which a few observations, with a view to future
guidance may not be superfluous.
Under this law it
would apparently be in the power of a fugitive
American felon by an easy fraud to obtain all the rights of a British
subject, and to qualify himself, so far as nationality is concerned for
any office in British Columbia or a place in the Legislature as soon as
such a body shall exist.
I am desirous that every facility
facility should be given for acquiring the
character of a British subject but a certain amount of bonâ fide
residence and respectability ought to be required as a condition of
naturalization. It appears to me desirable, it if be practicable, that
the Court of British Columbia or some special Officer designated for the
purpose should be empowered to require proof satisfactory to such Court
or officer of the required residence
and of the respectable character of
the applicant for naturalization, and that as a guide to the decision on
this point persons having been convicted of Treason, Felony
Felony, Rape,
Forgery or any other infamous crime should be disqualified from
naturalization.
facility should be given for acquiring the
character of a British subject but a certain amount of bonâ fide
residence and respectability ought to be required as a condition of
naturalization. It appears to me desirable, it if be practicable, that
the Court of British Columbia or some special Officer designated for the
purpose should be empowered to require proof satisfactory to such Court
or officer of the required residence
and of the respectable character of
the applicant for naturalization, and that as a guide to the decision on
this point persons having been convicted of Treason, Felony
Felony, Rape,
Forgery or any other infamous crime should be disqualified from
naturalization.
I am willing however to leave this question to your discretion and
local knowledge and I do not propose to interfere with the operation of
the Act in it's present form. I have accordingly submitted the
Proclamation for the sanction of Her Majesty and it has been laid before
Parliament with the other Proclamations issued by you.
As a matter of language the 4th clause should give the alien the
rights of a British
subject "within" (not while "within") the
the
said colony of British Columbia. The effect of introducing the word
"while" would be (if the provision were valid) (1) That the naturalized
Persons "while" within British Columbia would have the rights of a
British subject elsewhere (a privilege which the Colonial Legislature
cannot confer) and (2) that while absent from the Colony his rights of
holding property within it would be dormant (which is not intended).
The word "while" therefore should be omitted.
the
said colony of British Columbia. The effect of introducing the word
"while" would be (if the provision were valid) (1) That the naturalized
Persons "while" within British Columbia would have the rights of a
British subject elsewhere (a privilege which the Colonial Legislature
cannot confer) and (2) that while absent from the Colony his rights of
holding property within it would be dormant (which is not intended).
The word "while" therefore should be omitted.