Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, Sir James to Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes 28 July 1862, CO 60:13, no. 8835, 332.
Abstract
Douglas, Sir James to Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes 28 July 1862, CO 60:13, no. 8835, 332.
Despatch to London.
Minutes (3), Enclosures (untranscribed) (2).
No. 33
28 July 1862
I have the honour to forward herewith, the Copy of a communication from Mr John Ramage, President of the Municipal Council of New Westminster, transmittingthe
the enclosed Memorial for presentation to Her Majesty the Queen.
the enclosed Memorial for presentation to Her Majesty the Queen.
2. The professed object of the Memorialists is to represent
grievances; and more especially to draw the attention of Her
Majesty's Ministers to the fact that the Imperial Act of the
2nd day of August 1858, providing for the Government of British Columbia, will expire with the present year.
3. The
3. The prayer of the Memorialists is summed up under the
following heads:
1st That the Governor should reside permanently in the
Colony.
2nd That "a system of responsible Government similar to
that possessed by the Eastern British North
American and Australian Colonies" should be
granted to British Columbia.
4. My views on the subject of establishing RepresentativeGovernment
Government in British Columbia having been laid in much detail
before Your Grace in my Despatches "Separate" of the 22nd
April 1861, and the 8th October 1861, it is unnecessary to
occupy your time by a repetition of them on this occasion.
Government in British Columbia having been laid in much detail
before Your Grace in my Despatches "Separate" of the 22nd
April 1861, and the 8th October 1861, it is unnecessary to
occupy your time by a repetition of them on this occasion.
5. It was stated in those Despatches that I saw in the almost
total absence of agricultural Settlers, and of a landed proprietory,
inthe
the paucity of the British element, and in the migratory and unsettled habits of
the population who had resorted to British Columbia, substantial reasons for maintaining unaltered, within the Colony, the Government
of the Queen in Council, as by Parliament established.
the paucity of the British element, and in the migratory and unsettled habits of
the population who had resorted to British Columbia, substantial reasons for maintaining unaltered, within the Colony, the Government
of the Queen in Council, as by Parliament established.
6. The circumstances then contemplated have since somewhat
changed. British Colonists are increasingin
in number, and it is
expected that the Roads now being constructed towards the Mines
will have the effect of producing permanent settlements; yet this
progress, however satisfactory, is not sufficient to establish the
expediency of maintaining a Constitution on the model of the
populous and wealthy Colonies, with a House of Representatives and
a Council, alluded to in the Memorial.
in number, and it is
expected that the Roads now being constructed towards the Mines
will have the effect of producing permanent settlements; yet this
progress, however satisfactory, is not sufficient to establish the
expediency of maintaining a Constitution on the model of the
populous and wealthy Colonies, with a House of Representatives and
a Council, alluded to in the Memorial.
7. The Memorial is, I ampersuaded
persuaded, merely the work of a
party, yet so fondly are we attached to the name of liberty, that
I feel assured were it a matter of choice, every Englishman in the
Colony, without stopping to enquire about its effects on the Country,
or supposing that the administration would improve by the change,
would at once give his suffrage on behalf of Representative
Government: the concession of some formof
of popular government
will therefore, I believe, give general satisfaction to the people
of the Colony, and may probably be considered a political necessity.
On that subject I submit, with diffidence, the following remarks.
persuaded, merely the work of a
party, yet so fondly are we attached to the name of liberty, that
I feel assured were it a matter of choice, every Englishman in the
Colony, without stopping to enquire about its effects on the Country,
or supposing that the administration would improve by the change,
would at once give his suffrage on behalf of Representative
Government: the concession of some formof
of popular government
will therefore, I believe, give general satisfaction to the people
of the Colony, and may probably be considered a political necessity.
On that subject I submit, with diffidence, the following remarks.
8. In a community containing a small number of inhabitants,
widely dispersed over a vast extent of country, I would advocate
a simpler form of government, andone
one capable of acting in
emergencies with greater promptitude and economy than would be
attainable under the forms recommended in the Memorial. A small
and more select body, forming a single Chamber of perhaps 15
Members, one third nominated by the Crown, and the remaining two
thirds elected by the people, would, I conceive, for the present,
and probably for some years to come; perform all thefunctions
functions
really required in the existing condition of the Colony.
one capable of acting in
emergencies with greater promptitude and economy than would be
attainable under the forms recommended in the Memorial. A small
and more select body, forming a single Chamber of perhaps 15
Members, one third nominated by the Crown, and the remaining two
thirds elected by the people, would, I conceive, for the present,
and probably for some years to come; perform all thefunctions
functions
really required in the existing condition of the Colony.
9. The power of assenting to, or negativing, or suspending
for the assent of the Crown, the measures passed by Council, to
be reserved for the Governor, and the initiation of all money
votes in the local Government.
10. I would also recommend the adoption of thoroughly
conservative principles in the construction of the Council.Members
Members should, I think, be possessed in their own right of at
least £500 of freehold estate; and with respect to electors, I
would on the same principle provide, that no person should be
qualified to vote for Members of Council, unless possessed of
land, or other fixed or immoveable property of the marketable
value of £100 sterling within the Colony.
Members should, I think, be possessed in their own right of at
least £500 of freehold estate; and with respect to electors, I
would on the same principle provide, that no person should be
qualified to vote for Members of Council, unless possessed of
land, or other fixed or immoveable property of the marketable
value of £100 sterling within the Colony.
11. I offer these remarks merely from a sense of duty,begging
begging at the same time to assure Her Majesty's Government that
whatever may be the conclusion arrived at with respect to the
future government of the Colony, I shall be fully prepared to
carry out their instructions to the best of my ability.
begging at the same time to assure Her Majesty's Government that
whatever may be the conclusion arrived at with respect to the
future government of the Colony, I shall be fully prepared to
carry out their instructions to the best of my ability.
Minutes by CO staff
Mr Elliot
The earlier despatches & Memorials on this subject are under the Duke of Newcastle's consn.
The earlier despatches & Memorials on this subject are under the Duke of Newcastle's consn.
With the exception of the Memorialists themselves I apprehend
that few persons will be of opinion that B.C. is ripe for our
highly finished form of Constitution. The permanent settlers are
very few, and, excluding the officials, are chiefly of the
Adventurer Class, devoid of means. The population is, for the
most part, composed of migratory miners. These elements are not
favorable for the construction of a regular representative Govt.
The inhabitants of B.C. will have to pass through the usual
seething of early communities, & ought to prove their faculty
for self Government by displaying their capacity for municipal
business. Up to the present time New West., which is the only
incorporated place in the Colony, has done nothing in that way,
that we, at least, have had reported to us. Should, however,
the Duke of Newcastle lean to granting immediately a more liberal
form of Govt than now exists perhaps the establishment of an
Executive Council composed of Senior public Officers, and a
Legislative C. of mixed Officers & selected Civilians, both
Councils on the Ceylon Model, might answer. Or an amalgamated
Council on the model of the Council given to Newfoundland by Act
of Parlt, which lasted 4 years and answered excellently. A
simple Council might, a double Council would, at once, quiet the
anger of the population and would, I think, work better than any
other system whh could be given to the Colony at present.
But could any liberal form of Govt subsist in B.C. without
a Governor on the spot. Govr Douglas is a man who is essentially
a despot. He relies upon & consults nobody but himself. He listens
to opinions, reserves his own. Englishmen, wherever they are, do
not choose to be governed by the will of one man. We are not apt
to suppose any single ruler unerring and infallible, and in places,
like V.C. Isld, & B.C. adjoining the U. States & so dependent
for their population on that Country it is not very likely that
they will be satisfied with a Govt so much less liberal than
that of their neighbors. It may, therefore, be assumed that a
Governor on the spot & some species of representative Govt
will ere long be granted to B.C. the termination of the Act of
Parlt relating to this Colony affording a favorable oppy.
If Governor Douglas were not Governor of the two Colonies, &
if he cd be set aside with honor to the Govt & satisfaction
to himself deputies from B. Columbia might be sent to the
Houses
of Legislature in VanCouver Island. Whilst V.C.I. has the
advantage of a free port, and Coal fields B.C. produces gold,
silver, [plumboys?], timber, fish, in short we don't know what it
does not contain, so that though the products of the two countries
are different their interests must blend with each other. Their
union ought to constitute strength, ensure harmony and save expense.
But a very jealous feeling has arisen in B. Columbia. The
inhabitants think that V.C. Island is preferred and favoured
by the Authorities whilst they are neglected. I fear that to
roll B.C. up in the V.C.I. Legislature would affront and
dissatisfy the Colony. And, on the whole, it appears to me,
that there is nothing else to be done except to give the
Columbians, at the proper time, a Government to themselves
so framed as to enable them to do themselves as little mischief
as possible.
favorable for the construction of a regular representative Govt.
The inhabitants of B.C. will have to pass through the usual
seething of early communities, & ought to prove their faculty
for self Government by displaying their capacity for municipal
business. Up to the present time New West., which is the only
incorporated place in the Colony, has done nothing in that way,
that we, at least, have had reported to us. Should, however,
the Duke of Newcastle lean to granting immediately a more liberal
form of Govt than now exists perhaps the establishment of an
Executive Council composed of Senior public Officers, and a
Legislative C. of mixed Officers & selected Civilians, both
Councils on the Ceylon Model, might answer. Or an amalgamated
Council on the model of the Council given to Newfoundland by Act
of Parlt, which lasted 4 years and answered excellently. A
simple Council might, a double Council would, at once, quiet the
anger of the population and would, I think, work better than any
other system whh could be given to the Colony at present.
But could any liberal form of Govt subsist in B.C. without
a Governor on the spot. Govr Douglas is a man who is essentially
a despot. He relies upon & consults nobody but himself. He listens
to opinions, reserves his own. Englishmen, wherever they are, do
not choose to be governed by the will of one man. We are not apt
to suppose any single ruler unerring and infallible, and in places,
like V.C. Isld, & B.C. adjoining the U. States & so dependent
for their population on that Country it is not very likely that
they will be satisfied with a Govt so much less liberal than
that of their neighbors. It may, therefore, be assumed that a
Governor on the spot & some species of representative Govt
will ere long be granted to B.C. the termination of the Act of
Parlt relating to this Colony affording a favorable oppy.
If Governor Douglas were not Governor of the two Colonies, &
if he cd be set aside with honor to the Govt & satisfaction
to himself deputies from B. Columbia might be sent to the
Houses
of Legislature in VanCouver Island. Whilst V.C.I. has the
advantage of a free port, and Coal fields B.C. produces gold,
silver, [plumboys?], timber, fish, in short we don't know what it
does not contain, so that though the products of the two countries
are different their interests must blend with each other. Their
union ought to constitute strength, ensure harmony and save expense.
But a very jealous feeling has arisen in B. Columbia. The
inhabitants think that V.C. Island is preferred and favoured
by the Authorities whilst they are neglected. I fear that to
roll B.C. up in the V.C.I. Legislature would affront and
dissatisfy the Colony. And, on the whole, it appears to me,
that there is nothing else to be done except to give the
Columbians, at the proper time, a Government to themselves
so framed as to enable them to do themselves as little mischief
as possible.
I have all the previous papers relating to this subject with a
view to an early decision as to what shall be done next Session.
I wish this to be returned to me—with a sketch of the
composition of the Ceylon Councils & of the temporary Council
given to Newfoundland.
N
11
Duke of Newcastle
On examining the nature of the temporary Council given to Newfoundland I think that although the Machinery worked excellently well in that instance it will not be applicable to the case under consideration.
On examining the nature of the temporary Council given to Newfoundland I think that although the Machinery worked excellently well in that instance it will not be applicable to the case under consideration.
The Legislature of Newfoundland having too hastily had the
English form of representative government conceded to it came to
a dead lock. The Electors and the Representatives were alike
ignorant and tyrannical. Therefore in order to keep things going
it became necessary to alter the system of Government at all events
for awhile. And the then Secretary of State, Lord Stanley,
introduced and carried the Act of 1842. By that Law, amongst
other improvements which were to be effected when the constitution
was restored, the Legislative Chamber was abolished,and
and a Council
formed of 3/5ths of Members of the Legislative Council and 2/5ths of Members of the House of Assembly. Aided by a Governor, an
Executive Council, and this amalgamated body affairs went on most
smoothly for the space of four years, when, after a further one
years' renewal of the Act, the suspension was removed, and the
English form of Government, with the amendments pointed out in
the Act, was revived. Thus it will be seen that a deliberative
Council was constructed out of a Legislative Council and a House
of Assembly, both Bodies being pre-existent. In British Columbia there is no Body of any sort, and any that may be established would have to be constructed
out of the elements of the official
class and the residents. It appears to me therefore that the
Ceylon Model would be the most suitable for and analagousto
to the
state of society in British Columbia.
and a Council
formed of 3/5ths of Members of the Legislative Council and 2/5ths of Members of the House of Assembly. Aided by a Governor, an
Executive Council, and this amalgamated body affairs went on most
smoothly for the space of four years, when, after a further one
years' renewal of the Act, the suspension was removed, and the
English form of Government, with the amendments pointed out in
the Act, was revived. Thus it will be seen that a deliberative
Council was constructed out of a Legislative Council and a House
of Assembly, both Bodies being pre-existent. In British Columbia there is no Body of any sort, and any that may be established would have to be constructed
out of the elements of the official
class and the residents. It appears to me therefore that the
Ceylon Model would be the most suitable for and analagousto
to the
state of society in British Columbia.
The Councils of Ceylon are constructed in this wise:
There is an Executive or Council of Advice to assist the
Governor. It consists of the
Senior Officer in command of the Troops
The Colonial Secretary
The Queen's Advocate
The Colonial Treasurer, and the
Government Agent for the Central Province.
Senior Officer in command of the Troops
The Colonial Secretary
The Queen's Advocate
The Colonial Treasurer, and the
Government Agent for the Central Province.
The Legislative Council consists of 15 persons—nine
Officials—six Unofficials. The Official Members are the
Senior Officer in command of the Troops not in the Administration of the Government.
The Colonial Secretary
The Queen's Advocate
The Auditor GeneralThe
The Colonial Treasurer
The Government Agent for the Western Province
The Government Agent for the Central Province
The Surveyor General
The Collector of Customs
Senior Officer in command of the Troops not in the Administration of the Government.
The Colonial Secretary
The Queen's Advocate
The Auditor GeneralThe
The Colonial Treasurer
The Government Agent for the Western Province
The Government Agent for the Central Province
The Surveyor General
The Collector of Customs
The six Unofficial Members are selected by the Governor
from amongst the principal Landed Proprietors or Merchants.
Six Members at the least, in addition to the Governor, form
a quorum.
No Law, or question to be debated unless it has previously been
proposed by the Governor.
But if a Member shall deem any Law, or question fit to be enacted
or debated he is at liberty to submit a statement thereof to the
Governor in writing, and may have the same recordedin
in the Minutes.
in the Minutes.
The Governor has no power of dissolving this Council, but he
can suspend a Member of it, in the usual way.
Considering the extreme paucity of resident unofficials in
British Columbia I do not see why the Falkland Islands model might not be copied and serve for awhile. In the Falklands the Government is Administered by a Governor and an Executive Council consisting
of the Colonial Surgeon and Stipendiary Magistrate, who, with the
Colonial Chaplain, and two unofficial members form the Legislative
Council, all being appointed on the Governor's recommendation.
The simpler the form of Government in the present very normal
conditionof
of British Columbia the better, and the least to undo
when the Inhabitants become fitted for a more complete institution.
of British Columbia the better, and the least to undo
when the Inhabitants become fitted for a more complete institution.
The St Lucia model might be applicable. There is in that
Island an Executive Council, and a Legislative Council composed
of 5 Official and 5 Unofficial members, in which the Colonial
Secretary and Attorney General have seats and votes, and the
Officer in command of the Troops, who conducts the Government, is
President. There is no Representative Assembly.
The Natal Constitution appears scarcely suitable for we want
in British Columbia the elective element. The Legislative Council consists of 16 Members12
—12 elective—4 non-elective. The non-elective are Officials or other persons nominated
by the Crown.
The elective are chosen by certain electoral districts. In this
case the Governor can prorogue or dissolve the Legislative Council.
The elected Members sit for 4 years. The Governor has the
initiation of Money Votes.
—12 elective—4 non-elective. The non-elective are Officials or other persons nominated
by the Crown.
The elective are chosen by certain electoral districts. In this
case the Governor can prorogue or dissolve the Legislative Council.
The elected Members sit for 4 years. The Governor has the
initiation of Money Votes.
ABd
20 Sepr/62
Documents enclosed with the main document (not transcribed)
President of Municipal Council to Colonial Secretary, 17 July
1862, forwarding copy of a memorial for transmission to the Secretary
of State.
Note on microfilm as follows: C.O. 60 Vol. 13, Folios 345r-350r being too large will be photographed later."