Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Helps, Arthur to
Fortescue, 1st Baron Carlingford Chichester 12 June 1863, CO 60:17, no. 5704, 143.
Abstract
Helps, Arthur to
Fortescue, 1st Baron Carlingford Chichester 12 June 1863, CO 60:17, no. 5704, 143.
Public Offices document.
Minutes (21), Enclosures (transcribed) (1), Other documents (8), Marginalia (5).
Helps to Under-Secretary of State
Council Office, Whitehall
12 June 1863
I am directed by the Lord President of the Council to
transmit to you the enclosed Order of Her Majesty in Council
of the 11th instant, empowering the Governor of British
Columbia to provide for the administration of Justice &
constituting a Legislative Council in the said Colony; and
I am to request that you will be pleased to lay the same
before the Secretary of State for the Colonial Department.
Minutes by CO staff
Sir F. Rogers
Transmit the Order in Council out to the Governor with the approved despatch?
Transmit the Order in Council out to the Governor with the approved despatch?
AA
13/6/63
The "approved" despatch is I conclude the one you have recast,
& propose to submit to the Duke of Newcastle.
ABd
13/June
Wait to see whether the dph is approved. I shd like to see both together.
Send out.
[AA]
Other documents included in the file
Rogers to The Lord President of the Council, 10 June 1863,
transmitting draft Order in Council for submission to the Queen in
Council for approval.
Minutes by CO staff
Sir F. Rogers
I understand you to say that the B. Columbia Order in Council would proceed in its present form. I have the necessary copies ready for the Council Office, and I suppose that it may now proceed.
I understand you to say that the B. Columbia Order in Council would proceed in its present form. I have the necessary copies ready for the Council Office, and I suppose that it may now proceed.
Documents enclosed with the main document (transcribed)
3
Draft of an Order of the Queen in Council empowering the Governor
of British Columbia to provide for the Administration of Justice and
constituting a Legislative Council in the Said Colony.
(Heading on the original Order sent out: At the Court of Windsor The 11th day of June 1863; Present: The Queen's Most Excellent Majesty, Lord President Earl Russell, Lord privy Seal Mr Milner Gibson.)
Whereas by an Act passed in the Twenty Second year of the Reign of Her Majesty, entitled "An Act to provide for the Government of British Columbia", it was declared lawful forHer
Her Majesty by Order in Council to authorize and empower
such Officer as She might from time to time appoint to administer
the Government of British Columbia, to make provision for the
Administration of Justice therein, and generally to make, ordain,
and establish all such Laws, Institutions, and Ordinances as
might be necessary for the peace, order,and
and good government
of Her Majesty's Subjects and Others therein; provided that
it should be lawful for Her Majesty, so soon as She might
deem it convenient, by any Such Order in Council as aforesaid,
to constitute, or to authorise and empower Such Officer to
constitute a Legislature to make Laws for the peace, order,
and goodGovernment
Government of British Columbia; such Legislature to
consist, of the Governor or Officer Administering the Government
of the Colony, and a Council or Council and Assembly to be
composed of Such and so many Persons and to be appointed or
elected in such manner, and for such periods, and subject to
such regulations, as to HerMajesty
Majesty might seem expedient.
And Whereas by an Order in Council bearing date on the 2nd
day of September in the year 1858, Her Majesty was pleased
to authorise, such Governor or Officer as aforesaid to make
provision for the Administration of Justice, and as therein
mentioned to make Laws and Ordinances for the peace, order,
and good Government ofHer
Her Majesty's Subjects and Others in
the said Colony. And Whereas it is expedient to revoke the
said Order in Council, and to constitute a Legislature for
the said Colony consisting of the Governor or Officer
Administering the Government thereof and the Legislative
Council hereinafter established.
(Heading on the original Order sent out: At the Court of Windsor The 11th day of June 1863; Present: The Queen's Most Excellent Majesty, Lord President Earl Russell, Lord privy Seal Mr Milner Gibson.)
Whereas by an Act passed in the Twenty Second year of the Reign of Her Majesty, entitled "An Act to provide for the Government of British Columbia", it was declared lawful forHer
Her Majesty by Order in Council to authorize and empower
such Officer as She might from time to time appoint to administer
the Government of British Columbia, to make provision for the
Administration of Justice therein, and generally to make, ordain,
and establish all such Laws, Institutions, and Ordinances as
might be necessary for the peace, order,and
and good government
of Her Majesty's Subjects and Others therein; provided that
it should be lawful for Her Majesty, so soon as She might
deem it convenient, by any Such Order in Council as aforesaid,
to constitute, or to authorise and empower Such Officer to
constitute a Legislature to make Laws for the peace, order,
and goodGovernment
Government of British Columbia; such Legislature to
consist, of the Governor or Officer Administering the Government
of the Colony, and a Council or Council and Assembly to be
composed of Such and so many Persons and to be appointed or
elected in such manner, and for such periods, and subject to
such regulations, as to HerMajesty
Majesty might seem expedient.
And Whereas by an Order in Council bearing date on the 2nd
day of September in the year 1858, Her Majesty was pleased
to authorise, such Governor or Officer as aforesaid to make
provision for the Administration of Justice, and as therein
mentioned to make Laws and Ordinances for the peace, order,
and good Government ofHer
Her Majesty's Subjects and Others in
the said Colony. And Whereas it is expedient to revoke the
said Order in Council, and to constitute a Legislature for
the said Colony consisting of the Governor or Officer
Administering the Government thereof and the Legislative
Council hereinafter established.
1. It is hereby ordered by Her Majesty, by andwith
with the
advice of Her Privy Council, and in pursuance and exercise
of the Powers vested in Her Majesty by the said Act of
Parliament, or otherwise in that behalf, that the said recited
Order in Council shall be and the same is hereby revoked.
Provided always that nothingherein
herein contained shall be to
invalidate any Act or Thing done, or any Appointment made in
pursuance or under authority of the Said Order in Council, but
that every such Act, Thing, and Appointment shall remain of
the same force and effect as if the said Order in Council
were still in operation.
with the
advice of Her Privy Council, and in pursuance and exercise
of the Powers vested in Her Majesty by the said Act of
Parliament, or otherwise in that behalf, that the said recited
Order in Council shall be and the same is hereby revoked.
Provided always that nothingherein
herein contained shall be to
invalidate any Act or Thing done, or any Appointment made in
pursuance or under authority of the Said Order in Council, but
that every such Act, Thing, and Appointment shall remain of
the same force and effect as if the said Order in Council
were still in operation.
And it is hereby furtherordered
ordered as follows that is to say:
ordered as follows that is to say:
2. In this order in Council the term Governor shall
mean the Officer for the time being lawfully administering the
Government of the Colony of British Columbia.
3. There shall be in the Said Colony a Legislative
Council constituted as hereinafter mentioned.
4. It
4. It shall be lawful for the Governor with the advice and
consent of the said Legislative Council to make Laws for the
peace, order, and good government of the Said Colony.
5. The Said Council shall consist of such Public Officers
within the Said Colony as shall from time to time be designated
and of such personsas
as shall from time to time be named by or
in pursuance of any Instructions or Warrant under the Royal
Sign Manual and Signet, and of such other Persons as may from
time to time be appointed by the Governor by Instruments to be
passed under the Public Seal of the said Colony. Provided that
every such last mentioned appointment shallbe
be provisional only
until the same shall have been approved by Her Majesty through
one of Her Principal Secretaries of State, and may be made to
determine at a period named in the Instrument making the same,
and that the total number of Councillors shall not by any such
appointment, be raised above the number of Fifteen.Provided
Provided
also that every Member of the Said Council shall hold office
during Her Majesty's pleasure only.
as shall from time to time be named by or
in pursuance of any Instructions or Warrant under the Royal
Sign Manual and Signet, and of such other Persons as may from
time to time be appointed by the Governor by Instruments to be
passed under the Public Seal of the said Colony. Provided that
every such last mentioned appointment shallbe
be provisional only
until the same shall have been approved by Her Majesty through
one of Her Principal Secretaries of State, and may be made to
determine at a period named in the Instrument making the same,
and that the total number of Councillors shall not by any such
appointment, be raised above the number of Fifteen.Provided
Provided
also that every Member of the Said Council shall hold office
during Her Majesty's pleasure only.
6. The Precedence of the Members of the said Council may
be from time to time determined by any such Instructions as
aforesaid. In the absence of such determination the Members
shall take rank accordingto
to the order of their appointment,
or if appointed by the same Instrument according to the order
in which they are named therein.
to the order of their appointment,
or if appointed by the same Instrument according to the order
in which they are named therein.
7. The Governor, or in his absence any Member of the
Council appointed by him in writing, or in default of such
appointment, the Member present who shall standfirst
first in order
of precedence, shall preside at every meeting of the said Council.
All questions brought before the Council shall be decided by
the Majority of the Votes given, and the Governor or presiding
Member shall have an original Vote on all such questions, and
also a casting Vote if the Votes shall be equally divided.
first in order
of precedence, shall preside at every meeting of the said Council.
All questions brought before the Council shall be decided by
the Majority of the Votes given, and the Governor or presiding
Member shall have an original Vote on all such questions, and
also a casting Vote if the Votes shall be equally divided.
8. No business (except that of adjournment)shall
shall be
transacted unless there shall be present Four Members of Council
besides the Governor or Presiding Member.
shall be
transacted unless there shall be present Four Members of Council
besides the Governor or Presiding Member.
9. The Council shall, in the transaction of business and
passing of Laws, conform as nearly as may be, to the directions
conveyed in that behalf to the Governor of British Columbia in
certain Instructionsunder
under the Sign Manual and Signet bearing
date the 2nd day of September 1858, until otherwise provided
by Us, and to such further Instructions under the said Sign Manual and
Signet as may hereafter be addressed to the Governor in that behalf.
under the Sign Manual and Signet bearing
date the 2nd day of September 1858, until otherwise provided
by Us, and to such further Instructions under the said Sign Manual and
Signet as may hereafter be addressed to the Governor in that behalf.
10. Subject to such instructions the Council may make
standing Rules and Orders for the regulationof
of their own proceedings.
of their own proceedings.
11. No Law shall take effect until the Governor shall have
assented to the same on behalf of Her Majesty, and shall have
signed the same in token of such assent.
12. Her Majesty may by Order in Council, or through one
of the principal Secretaries of State, disallow any Law passed
by the saidGovernor
Governor and Council at any time within two years
after such Law shall have been received by the Secretary of
State, and every Law so disallowed shall become null and void
so soon as the disallowance thereof shall be published in the
Colony by authority of the Governor.
Governor and Council at any time within two years
after such Law shall have been received by the Secretary of
State, and every Law so disallowed shall become null and void
so soon as the disallowance thereof shall be published in the
Colony by authority of the Governor.
13. If any Councillor shall become Bankrupt or Insolvent,
or shall be convicted of any Criminal offence, orshall
shall absent
himself from British Columbia for more than Three months
without leave from the Governor, the Governor may declare in
writing that his Seat at the Council is vacant, and immediately
on the publication of such declaration he shall cease to be
Member of the Council.
shall absent
himself from British Columbia for more than Three months
without leave from the Governor, the Governor may declare in
writing that his Seat at the Council is vacant, and immediately
on the publication of such declaration he shall cease to be
Member of the Council.
14. The Governor may by writing under his Hand and Seal
suspend any Legislative Councillor from the exerciseof
of his
office, proceeding therein in such manner as may from time to
time be enjoined by any such Instructions as aforesaid, and
until otherwise ordered, according to such directions respecting
the suspension of Public Officers as are contained in the above
mentioned Instructions bearing date the second day of September 1858.
of his
office, proceeding therein in such manner as may from time to
time be enjoined by any such Instructions as aforesaid, and
until otherwise ordered, according to such directions respecting
the suspension of Public Officers as are contained in the above
mentioned Instructions bearing date the second day of September 1858.
Conclusion of Order sent to B.C.
And the Most Noble the Duke of Newcastle one of Her
Majesty's Principal Secretaries of State is to give the necessary
directions herein accordingly.
Other documents included in the file
Minutes by CO staff
This draft is cancelled. Another has been written in
substitution for it.
ABd
16 June
Mr Fortescue
I have endeavoured to embody in this dph the result of the minutes of the D. of Newcastle on British Columbia & V.C.Id, so far as they regard the constitution of B. Columbia.
I have endeavoured to embody in this dph the result of the minutes of the D. of Newcastle on British Columbia & V.C.Id, so far as they regard the constitution of B. Columbia.
It is not easy to treat this question witht coming across
the question of Civil List—nor that again witht touching
on the Land Revenue question. I have suggested a decision on
this point. If
the Duke of Newcastle does not approve it, it
can be easily struck out.
the Duke of Newcastle does not approve it, it
can be easily struck out.
Herewith is the Order in Council establishing the Legislative
Council.
If the decision as to the Land Revenue is approved a copy
of the dph shd be communicated to the V.C.I. Govt—i.e.
I suppose Govr Douglas shd be authorized to lay it
before the Legislature.
I have assumed that the change will be made during Douglas'
Governorship. It wd be
desirable that the O. in C. shd
reach B. Columbia before the period at wh. he (Mr Douglas) will suppose
the Act of 22 Vict to have expired.
the Act of 22 Vict to have expired.
Minutes by CO staff
[Newcastle Memorandum]
I have gone very carefully through the Papers which relate
to the "grievances" of these two Colonies and ask for
Representative Institutions in the former case and a Reform
of Institutions in the latter.
I have purposely postponed the consideration of the
future Constitution of the Govt of British Columbia till
the present time, but in putting by from time to time the
papers as they came in it unfortunately escaped my notice
that they were thus left unacknowledged and I find that
three Memorials are thus neglected. I am sorry for what has
thus not unnaturally attracted the unfavorable notice of
the Colonists,
but it cannot now be helped.
but it cannot now be helped.
Before considering what concessions shall be made to the
Memorialists in either Colony it is necessary to consider
whether the present system of governing them both by
different Institutions under one Governor shall be continued.
I think there are manifest objections to this plan in theory,
and practice has proved to be in conformity with theory.
I wish I could unite the two under one Governor and one
system of Political Institutions. I have no doubt that
the future progress and prosperity of the Colonies would
be much promoted by such a Union, but unluckily the
jealousies—I might almost say, hatreds—between the two
have become so great and such
opposition of interests have
been allowed to grow up that I believe it would be almost as
hopeless to attempt to amalgamate the two as it would be to
rejoin the Confederate with the Federal States and the act
of forcing them into a union would probably retard the time
for a willing and hearty junction on grounds of mutual
interests and a juster perception of the strength and safety
to which it would conduce. If then the attempt at complete
fusion is at present impossible, it is only keeping open
the existing rankling feuds to continue the form (without
any substance) of a half-union by means of having the same
Governor. If I could establish a Legislative union I
should
feel that I was accomplishing a good, but failing that I
see nothing but evil in continuing an Executive union—either
in whole or in part.
opposition of interests have
been allowed to grow up that I believe it would be almost as
hopeless to attempt to amalgamate the two as it would be to
rejoin the Confederate with the Federal States and the act
of forcing them into a union would probably retard the time
for a willing and hearty junction on grounds of mutual
interests and a juster perception of the strength and safety
to which it would conduce. If then the attempt at complete
fusion is at present impossible, it is only keeping open
the existing rankling feuds to continue the form (without
any substance) of a half-union by means of having the same
Governor. If I could establish a Legislative union I
should
feel that I was accomplishing a good, but failing that I
see nothing but evil in continuing an Executive union—either
in whole or in part.
On the other hand I would studiously avoid any act
which should introduce fresh obstacles to the union. If I
cannot give as yet the same Institutions to British Columbia
as Vancouvers Island possesses I would give nothing at variance
with them but on the contrary such as may easily
be developed into the same when the progress of the Colony
fits its population for them. I would also name one of the
Officers "Governor in Chief" and the other "Lieutt Governor"
pointing out to each Colony that this is in accordance with
the present practice in the Eastern States of British North
America and will not entail subordination in Administrative
Affairs, but will be found most conducive to joint safety
in all matters in which communication with Naval Officers
may be requisite or in any difference with Foreign Powers
such as lately occurred in reference to the Island of San
Juan. Whether the "Governor in Chief" should be the senior
or be always the Governor of the larger Colony I am not quite
clear. Of course two salaries will be requisite, and they
cannot be less than £3000 each, but I
have no doubt they will
be readily granted by each Colony in return for the boon of
separate Governors, and British Columbia must also provide a
Governor's house of moderate dimensions.
pointing out to each Colony that this is in accordance with
the present practice in the Eastern States of British North
America and will not entail subordination in Administrative
Affairs, but will be found most conducive to joint safety
in all matters in which communication with Naval Officers
may be requisite or in any difference with Foreign Powers
such as lately occurred in reference to the Island of San
Juan. Whether the "Governor in Chief" should be the senior
or be always the Governor of the larger Colony I am not quite
clear. Of course two salaries will be requisite, and they
cannot be less than £3000 each, but I
have no doubt they will
be readily granted by each Colony in return for the boon of
separate Governors, and British Columbia must also provide a
Governor's house of moderate dimensions.
The Act for providing for the Govt of British Columbia
expires at the end of the present Session of Parliament. It
is therefore necessary to consider in connection with the
question of the future Constitution of the Colony whether fresh
Legislation is necessary, and if so what should be its provisions.
1. It might be renewed. 2. It might enact the details of a
new form of Govt. 3. It might give power to The Queen to
provide those details. The first I think very unadvisable.
The second would be liable to the objection of being unimprovable
in cases of early necessity and upon further information
except by another Act. The third seems to me the best, if
indeed any Act is at present necessary. The present Act
seems to me to give all the requisite powers to the Queen,
and if we are prepared to pass an Order in Council before the
end of the Session I incline to think that legislation may be
dispensed with. On this point however I should be glad of
the opinion of Sir F. Rogers.
The second would be liable to the objection of being unimprovable
in cases of early necessity and upon further information
except by another Act. The third seems to me the best, if
indeed any Act is at present necessary. The present Act
seems to me to give all the requisite powers to the Queen,
and if we are prepared to pass an Order in Council before the
end of the Session I incline to think that legislation may be
dispensed with. On this point however I should be glad of
the opinion of Sir F. Rogers.
I have not come to the conclusion that it is unadvisable
to give to B. Columbia similar Representative Institutions to
those enjoyed by Vancouvers Island without some hesitation. The contrast
is an evil in itself. I do not think however that the fixed population
is large enough to form a sufficient and sound basis of
Representation whilst the migratory element greatly exceeds
the fixed, and the Indian element far outnumbers both together.
Of landed proprietors there are next to none, and gold is the
only produce of the Colony. Legislation cannot with safety
be entrusted to Men who have no vested interest in the Colony
and those who have a stake in it as yet have but a small one
and are so few that they could not alone form a Constituency.
The number
of Men fit to be Representatives is proportionably
smaller. To commit the Legislation of the Colony to such
men would be to make the future prosperity of the Colony
subordinate to the local and personal interests of a few
Tradesmen in the Towns—or rather Villages, for I believe no
aggregate of houses except at New Westminster exceeds the
number of 50 or 60—and even these Tradesmen in many instances
having little of the character of fixture in the Country.
The result would be frightful jobbing in that great essential
for the Colony—road-making—and the present impatience of
taxation which is seen throughout the Memorials and complaints
would
develope itself in the form of resorting to Loans for
every purpose of Public Expenditure. "Responsible Government"
for which the Memorial asks is simply ridiculous, and without
it the Govt would fall into the hands of a Clique whose rule would soon be felt by the Colony
more obnoxious than that
of any Governor who could be selected. Every preparation for
a Representative form of Govt should however be made, and
I should wish to see Municipal Institutions which have been
successfully given to New Westminster extended to Yale, Hope,
Lytton, Cayoosh, Douglas, and Alexandria.
those enjoyed by Vancouvers Island without some hesitation. The contrast
is an evil in itself. I do not think however that the fixed population
is large enough to form a sufficient and sound basis of
Representation whilst the migratory element greatly exceeds
the fixed, and the Indian element far outnumbers both together.
Of landed proprietors there are next to none, and gold is the
only produce of the Colony. Legislation cannot with safety
be entrusted to Men who have no vested interest in the Colony
and those who have a stake in it as yet have but a small one
and are so few that they could not alone form a Constituency.
The number
of Men fit to be Representatives is proportionably
smaller. To commit the Legislation of the Colony to such
men would be to make the future prosperity of the Colony
subordinate to the local and personal interests of a few
Tradesmen in the Towns—or rather Villages, for I believe no
aggregate of houses except at New Westminster exceeds the
number of 50 or 60—and even these Tradesmen in many instances
having little of the character of fixture in the Country.
The result would be frightful jobbing in that great essential
for the Colony—road-making—and the present impatience of
taxation which is seen throughout the Memorials and complaints
would
develope itself in the form of resorting to Loans for
every purpose of Public Expenditure. "Responsible Government"
for which the Memorial asks is simply ridiculous, and without
it the Govt would fall into the hands of a Clique whose rule would soon be felt by the Colony
more obnoxious than that
of any Governor who could be selected. Every preparation for
a Representative form of Govt should however be made, and
I should wish to see Municipal Institutions which have been
successfully given to New Westminster extended to Yale, Hope,
Lytton, Cayoosh, Douglas, and Alexandria.
The Question then is what
is to be the changes to be
effected at once? I would begin where we are now ending in
Vancouver's Island. I would establish an Executive Council
consisting of the 5 or 6 principal Officials of the Colony who
must reside at New Westminster. All Acts of Govt would
then be done by the Governor in Council. I would further
constitute a Legislative Council in which there should be an
infusion of the Representative Element. It should not
consist of more than 15 Members, of whom 5 or 6 would be the
same as the Executive Council, 4 or 5 Magistrates from Cariboo
and other remote portions of the Colony, and
5 elected by the
Towns, one of them by New Westminster, & the others by a
united Constituency of 2 or 3 of the other Towns. Before long
other Towns will spring up and will ask for Representatives.
I hope they will be given and thus increase the proportion of
Elected Members. When the population of fixed character has
sufficiently increased I should then hope that the Legislative
Council might be separated into two—the nominated members
remaining as the Upper House or Legislative Council, the
Elected Members with further addition to their Numbers
constituting the Lower
House or Legislative Assembly.
is to be the changes to be
effected at once? I would begin where we are now ending in
Vancouver's Island. I would establish an Executive Council
consisting of the 5 or 6 principal Officials of the Colony who
must reside at New Westminster. All Acts of Govt would
then be done by the Governor in Council. I would further
constitute a Legislative Council in which there should be an
infusion of the Representative Element. It should not
consist of more than 15 Members, of whom 5 or 6 would be the
same as the Executive Council, 4 or 5 Magistrates from Cariboo
and other remote portions of the Colony, and
5 elected by the
Towns, one of them by New Westminster, & the others by a
united Constituency of 2 or 3 of the other Towns. Before long
other Towns will spring up and will ask for Representatives.
I hope they will be given and thus increase the proportion of
Elected Members. When the population of fixed character has
sufficiently increased I should then hope that the Legislative
Council might be separated into two—the nominated members
remaining as the Upper House or Legislative Council, the
Elected Members with further addition to their Numbers
constituting the Lower
House or Legislative Assembly.
The Constitution of the two Colonies would then be
assimilated, and nothing would be wanting to their Union
but their own good will and an adjustment of the difficulty
of Victoria being a Free Port and Customs duties being levied
at New Westminster.
The Governor must lay before the Legislative Council full
statements of Expenditure and must initiate in it all money
votes.
I would at once make known that this Body is constituted
as a preliminary to the introduction of regular Representative
Institutions, and
am rather inclined to name some number of
inhabited house holders as requisite for that further change
with a view to the prevention of an immediate revival of
agitation.
am rather inclined to name some number of
inhabited house holders as requisite for that further change
with a view to the prevention of an immediate revival of
agitation.
If the Engineers were not about to be withdrawn, thus
leaving the Colony without any Imperial Soldiers, I would at
once introduce a stipulation that Military Expenditure should
be borne wholly by the Colony, but as matters now stand
perhaps it will be better not to touch the subject until
Troops are asked for.
I have but little to add respecting Vancouvers Island.
I have suspended for a short time the Supplementary Commission
for constituting an Executive Council. It may now proceed,
as part of the changes about to be made.
In a paper which I subjoin from Mr Maclure who lately
called upon me with a long Catalogue of the "grievances" of
the Island, four new Members are asked for for the Town of
Victoria. It is no doubt inadequately represented so far as
Population alone is considered, but I have no
doubt it supplies
many of the Members for the Country Districts though he says
they are mainly in the hands of the Old Servants of the
Hudson's Bay Company. Within the last few days a despatch
has been received saying that two more Members have been
allotted to Victoria. I think the Secy of State ought
not to interfere in increasing the numbers of the Legislative
Assembly and would leave this question—especially now that
it has been increased—to local legislation, but his remarks
about the Legislative Council should be referred to the New
Governor.
doubt it supplies
many of the Members for the Country Districts though he says
they are mainly in the hands of the Old Servants of the
Hudson's Bay Company. Within the last few days a despatch
has been received saying that two more Members have been
allotted to Victoria. I think the Secy of State ought
not to interfere in increasing the numbers of the Legislative
Assembly and would leave this question—especially now that
it has been increased—to local legislation, but his remarks
about the Legislative Council should be referred to the New
Governor.
I may here remark that I trust that both in Vancouvers
Island and by and bye in British Columbia the fatal mistake
of paying Members will be avoided.
—————
I think the present opportunity should be taken to annex
Stickeen to the Colony of British Columbia. I see no other
way of adequately providing for its Government without making
it a separate Govt at the expense of the Mother Country,
which must be avoided.
—————
As regards the various grievances
contained in the Memorial
other than those of want of Popular Institutions, they mostly
resolve themselves into a demand for a New Governor. Such
are the complaints of want of Surveys, the expensive and
inefficient Roads, the management of the Lands, &c &c.
I think these must be left to be dealt with by a new Governor.
contained in the Memorial
other than those of want of Popular Institutions, they mostly
resolve themselves into a demand for a New Governor. Such
are the complaints of want of Surveys, the expensive and
inefficient Roads, the management of the Lands, &c &c.
I think these must be left to be dealt with by a new Governor.
—————
I wrote privately to Mr Douglas by the last Mail telling him that I should soon deal with the subjects treated of
in this
Minute,
and that I should when my plans were complete relieve
him of both Govts. I made this as little unpleasant to
him as I could, and told him that when I wrote to him Officially
I would take every care to prevent his enemies having a triumph
over him.
and that I should when my plans were complete relieve
him of both Govts. I made this as little unpleasant to
him as I could, and told him that when I wrote to him Officially
I would take every care to prevent his enemies having a triumph
over him.
—————
I circulate this to Mr Blackwood, Mr Elliot, Sir F.
Rogers, and Mr Fortescue, and court the fullest criticism from
all and each on the principle and details. It is an important
question and
I shall be gratified for any suggestions.
I shall be gratified for any suggestions.
N
27/3/63
Mr Elliot
The Duke of Newcastle has so exhausted this subject that I really have nothing to add to the outline His Grace has sketched, with which, if I may be permitted to say it, I most completely concur. The only question that remains, as it seems to me, is whether An Act of Parliament be necessary, or an Order of the Queen in Council shall suffice for giving British Columbia this proposed Constitution. And on that point specially the opinion of Sir F. Rogers is invited. As the Stickeen Country is to be annexed to the Govt of British Columbia perhaps it might be better to effect that annexion by the means of the same Act of
Parliament which gives a Constitution to
the larger part of the Territory.
The Duke of Newcastle has so exhausted this subject that I really have nothing to add to the outline His Grace has sketched, with which, if I may be permitted to say it, I most completely concur. The only question that remains, as it seems to me, is whether An Act of Parliament be necessary, or an Order of the Queen in Council shall suffice for giving British Columbia this proposed Constitution. And on that point specially the opinion of Sir F. Rogers is invited. As the Stickeen Country is to be annexed to the Govt of British Columbia perhaps it might be better to effect that annexion by the means of the same Act of
Parliament which gives a Constitution to
the larger part of the Territory.
ABd
30/March/63
Sir F. Rogers
The Division of the territories appearing to be inevitable—not merely from rivalries and animosities on the spot, but probably also from the necessity of more or less of distinction between their institutions for some time to come—I have no remark which is worth adding to what has already been better said on the details of the Constitution. I have placed in your hands some former printed reports on Constitutions, on the chance of their being of any service to you—but in truth they are by-gone & not applicable to present times.
The Division of the territories appearing to be inevitable—not merely from rivalries and animosities on the spot, but probably also from the necessity of more or less of distinction between their institutions for some time to come—I have no remark which is worth adding to what has already been better said on the details of the Constitution. I have placed in your hands some former printed reports on Constitutions, on the chance of their being of any service to you—but in truth they are by-gone & not applicable to present times.
TFE
1 April
On this point I have no observations to make. If the
Duke of Newcastle adheres to his present opinion that
amalgamation is impossible (for which certainly there
appear to be conclusive grounds) nothing seems to remain
except to direct Mr Gairdner to pass on at once the
Letters Patent constituting the Executive Council.
1;2.££Stekeen Territory
1;2.££Stekeen Territory
There can I suppose by little doubt that this territory
should be annexed to B. Columbia. But for this an Act
of Parliament will be necessary. The existing Act for
the government of British Columbia defines expressly
the boundaries of that Colony and I apprehend those
boundaries cannot be enlarged without another Act of Parliament.
1;3. Constitution of British Columbia
1;3. Constitution of British Columbia
I will say at once that my own inclination is in favour
of theold
old fashioned Legislative Council, with one
modification.
old fashioned Legislative Council, with one
modification.
I would in the first instance have a council say
one half of officials and half nominees—the nominees
being distinctly informed that they were only nominated
for a fixed period—say one or two years.
These nominees (as in Ceylon) should be so chosen
as to represent interests or localities, and the Council
should be in the first instance much short of its full
number, so that the Governor should have the power of
putting in fresh men, as different interests and localities
appeared to require a voice in the Legislature.
I think after a very short experience of this mode
of Government the Governor would be able to see more
clearly than we can now, how a satisfactory Legislature
could be composed—what
what towns or districts should be
represented—how the Gold Fields should be represented—and
how the interests of Indians, Chinese, and season
miners could be best protected.
what towns or districts should be
represented—how the Gold Fields should be represented—and
how the interests of Indians, Chinese, and season
miners could be best protected.
Then and not till then I should be disposed to adopt
in form and letter, a partially elective Legislative body
as proposed by the Duke of Newcastle—with the further
view (as proposed by His Grace) of proceeding onward to
the normal two Houses.
My reason for this tentative method is the difficulty
of at once constructing such a Legislature as can be relied
on.
I find it difficult to obtain much detailed information
respecting the mode in which population is scattered over
the country. But the following supposition may at any
rate serve to illustrate our difficulty.
The unrepresented populationare
are not I imagine less
than as follows:—
Scattered Indians—————say 10,000
Chinese——————————say 5,000
Miners (500 miles from N. West) 5000
(350 miles from N. West) 500 5,500
20,500
are not I imagine less
than as follows:—
Scattered Indians—————say 10,000
Chinese——————————say 5,000
Miners (500 miles from N. West) 5000
(350 miles from N. West) 500 5,500
20,500
The resident population which will comprize somewhat
more than the represented population is probably short of
2000 persons scattered along the 500 miles between New
Westminster and Cariboo and along the 350 miles between New Westminster
and Rock Creek, and occupying, besides New Westminster and the Diggings,
some half-dozen intermediate villages along these two lines.
A find of Gold here or there may at any time change
the relative importance of these different clusters of
residents, so that any distribution of the franchise as
between electoral districts
must be provisional. And the
coincidences or conflicts of interests which may exist
between residents and non-residents and between different
classes of residents has not yet been tested by any
political action. Therefore the assignment of qualifications
with a view to secure the representation of interests must
also be more or less provisional. Yet any grant of a
franchise once given can hardly be recalled, and so may
prove exceedingly embarrassing a very few years hence.
must be provisional. And the
coincidences or conflicts of interests which may exist
between residents and non-residents and between different
classes of residents has not yet been tested by any
political action. Therefore the assignment of qualifications
with a view to secure the representation of interests must
also be more or less provisional. Yet any grant of a
franchise once given can hardly be recalled, and so may
prove exceedingly embarrassing a very few years hence.
Those few years will make a great difference. The
progress of the Country is very fast, and the next Governor
will I suppose go out with the distinct function of feeling
his way towards constitutional or quasi-constitutional
government. If he chooses representative men for unofficial
members of his Council, and takes trouble to inform himself
about the wishes & habits of the population he ought soon
to be in a position to submit a definite and workmanlike
scheme of representation.
It may be some little reason for adopting this course,
that a mere LegislativeCouncil
Council could be established at
once under the present Act, and the instrument could be
sent out in time to reach B. Columbia before the end of
the present Session of Parliament when the present British Columbia Act expires.
Council could be established at
once under the present Act, and the instrument could be
sent out in time to reach B. Columbia before the end of
the present Session of Parliament when the present British Columbia Act expires.
But it would be I should think quite impossible,
before that Act of Parliament expires, to set afloat a
Constitution involving an electoral machinery. A Constitution
therefore would involve the passing of an Act to continue
the present Act, and a consequent Parliamentary discussion.
However this may be raised even by the Stekeen Act, or without it.
If the immediate adoption of an elective system is
decided on, it appears to me
1. that in some way or other the gold fields ought to be
represented (they are so in Australia) [marginal note: I annex a
recent N. Zealand Act].
2. that there would be some difficulty in bringing the
Magistrates away from their duties to sit in Council, unless
(which is very possible) Legislation were always to be
carried on in winter when there is comparativelylittle
little
white population in the Colony.
little
white population in the Colony.
My own disposition therefore would be without delay to
pass an Order in Council under authority of 21 & 22 Vic. c. 99
S.S. 3—constituting a Legislative Council to be composed of
such persons as the Queen, or Governor (provisionally)
might appoint. Such council not to consist of more than 15
persons.
To send this out to the Governor telling him that the
Council is in the first instance to be composed of 5
office holders and 5 persons so chosen as to represent
the different interests and feelings of the Colony and
Colonists; and that he will be at liberty, if he shall
think fit, to accept as such representative any person
suggested to him by a Municipal Corporation or even a
public meeting called at his desire and manifestly
representing the desires of any important locality—that
the persons so nominated must be considered as holding
Office only for a year (unless Her Majesty should
otherwise think fit) and that the whole arrangement is
to be viewed as provisionaland
and preparatory. I would
state the reasons for this tentative mode of proceeding
in a manner calculated to make it acceptable to the
Colonists—the tenor of the communication being to
assure them that the object of the delay was not to
refuse representation, but to secure that the
representation should be just and effective.
and preparatory. I would
state the reasons for this tentative mode of proceeding
in a manner calculated to make it acceptable to the
Colonists—the tenor of the communication being to
assure them that the object of the delay was not to
refuse representation, but to secure that the
representation should be just and effective.
It is to be observed—and I think is not a disadvantage—that
when Her Majesty has once exercised the power of giving
a Legislature it cannot be re-exercised without passing a
fresh Act of Parliament. This Circumstance will operate
as a gentle drag on the progress of Free Institutions, which
I should think desirable, considering that every year
diminishes the objections to the introduction of those
institutions in B. Columbia.
But N.B. The Governor should either know before the
beginning of August whether the existing Act will be
continued, or should be invested with fresh powers of
government by Order in Council.
Duke of Newcastle
The only point upon which I need give an opinion is that of the Constitution of the Legislative Council of B. Columbia. Upon that point I agree with Sir F. Rogers, and would prefer to see a beginning made in the way sketched out by him, (which is also Capt. Gossett's view), by nomination upon the Ceylon plan, rather than by the introduction at once of an electoral system, with respect to the requirements & possibilities of wh. we are much in the dark. If we had a resident Governor of B. Columbia to refer to, whom we could
trust, & who was
trusted by the Colonists, such a man's advice & information
might enable the Sec. of State even now to frame Representative
Institutions for the Colony. But this is far from being the
case at present—while we may hope that a well-selected Governor,
with the aid of his Ex. & Legislative Councils, will
soon prepare the way for them, and throw ample light on the
subject.
The only point upon which I need give an opinion is that of the Constitution of the Legislative Council of B. Columbia. Upon that point I agree with Sir F. Rogers, and would prefer to see a beginning made in the way sketched out by him, (which is also Capt. Gossett's view), by nomination upon the Ceylon plan, rather than by the introduction at once of an electoral system, with respect to the requirements & possibilities of wh. we are much in the dark. If we had a resident Governor of B. Columbia to refer to, whom we could
trust, & who was
trusted by the Colonists, such a man's advice & information
might enable the Sec. of State even now to frame Representative
Institutions for the Colony. But this is far from being the
case at present—while we may hope that a well-selected Governor,
with the aid of his Ex. & Legislative Councils, will
soon prepare the way for them, and throw ample light on the
subject.
CF
15 April
I have considered very carefully Sir F.Rs Minute.
I am not much afraid of the consequences of at once introducing
the very
limited amount of Representation proposed by my
Minute, but there is the doubt that the more we can make
sure each step we take (provided it is not too slow) the
better, and there is nothing in Sir F.Rs plan which will
prevent the early further step to mine.
limited amount of Representation proposed by my
Minute, but there is the doubt that the more we can make
sure each step we take (provided it is not too slow) the
better, and there is nothing in Sir F.Rs plan which will
prevent the early further step to mine.
I consider it also an advantage to avoid any application
to Parliament before a new Governor has had an opportunity
of getting the business of the Colony into regular working
order.
Will Sir F. Rogers therefore be good enough to put in
hand the preparation of an Order in Council constituting a
Legislative Council on the model of that of Ceylon, and of
a Despatch to the Colony explaining its objects and stating
that it is but a preparation for more liberal Institutions.
N
20
Mr Elliot
The Duke of Newcastle has desired to be furnished "with a Memorandum shewing what has heretofore passed respecting the Crown Lands" in Vancouver Island.
The Duke of Newcastle has desired to be furnished "with a Memorandum shewing what has heretofore passed respecting the Crown Lands" in Vancouver Island.
This subject, having reference to the exchange of the
Crown Lands for a Civil List, has in point of fact, been
mooted by Governor Douglas only. This Office, feeling that
the time had not arrived for indicating its views or intentions
has hitherto remained silent whenever Governor Douglas broached
the subject. But the decision of the Duke of Newcastle to
place Vancouver Island and British Columbia under separate
Governors, and carry out a system of regular constitutional
Government in each of them necessarily imposes on this Office
the duty of investigating the materials we possess in order
to arrive at some definite conclusion as to the wishes of the
Inhabitants of Vancouver Island for the acquisition of the
Crown lands—as to the present and prospective value of that
Estate and as to the amount of the Civil List which the Crown
would on its surrender be justified in requiring.
Government in each of them necessarily imposes on this Office
the duty of investigating the materials we possess in order
to arrive at some definite conclusion as to the wishes of the
Inhabitants of Vancouver Island for the acquisition of the
Crown lands—as to the present and prospective value of that
Estate and as to the amount of the Civil List which the Crown
would on its surrender be justified in requiring.
It appears that up to the beginning of 1859 Governor
Douglas had been in the habit of drawing on the Hudson's Bay Company
for such funds as were necessary for carrying on the Government
of Vancouver Island; but that, when a certain progress had been
made towards the repurchase of that Island by the Crown, the
Company declined to make any furtheradvances
advances. Under those
circumstances Governor Douglas having applied for instructions,
and having been informed that he must provide for the expenses
of the Colony out of local resources announced various measures—such
as an extension of the franchise & an enlargement of
the House of Assembly—preparatory to an application to the
House to make the necessary provision. He reported that the
Legislature would doubtless make an urgent appeal for the
control and entire disposal of all monies arising from the
sale of Crown Lands and other sources of revenue; and begged
to know, as soon as convenient, whether H.M.'s Government
would sanction such an arrangement, the Colonial Legislature
undertaking to defray the expense of a Civil List. No answer
was returned to this request: but in the Session of1860
1860 an
Act was passed appropriating salaries to the Governor, Chief
Justice, Colonial Secretary, Treasurer, Surveyor General and
Attorney General in which a proviso was introduced
that the salaries aforesaid shall not be paid out of, or charged
upon the revenue aforesaid (i.e. the general revenue) until the
entire revenue of the Colony of Vancouver Island and its
dependencies, and the control of the public lands situate
within the said Colony shall have been placed under the control
of the Legislature.
advances. Under those
circumstances Governor Douglas having applied for instructions,
and having been informed that he must provide for the expenses
of the Colony out of local resources announced various measures—such
as an extension of the franchise & an enlargement of
the House of Assembly—preparatory to an application to the
House to make the necessary provision. He reported that the
Legislature would doubtless make an urgent appeal for the
control and entire disposal of all monies arising from the
sale of Crown Lands and other sources of revenue; and begged
to know, as soon as convenient, whether H.M.'s Government
would sanction such an arrangement, the Colonial Legislature
undertaking to defray the expense of a Civil List. No answer
was returned to this request: but in the Session of1860
1860 an
Act was passed appropriating salaries to the Governor, Chief
Justice, Colonial Secretary, Treasurer, Surveyor General and
Attorney General in which a proviso was introduced
that the salaries aforesaid shall not be paid out of, or charged
upon the revenue aforesaid (i.e. the general revenue) until the
entire revenue of the Colony of Vancouver Island and its
dependencies, and the control of the public lands situate
within the said Colony shall have been placed under the control
of the Legislature.
A similar provision was also inserted in the Appropriation
Act for defraying the expenses of the public departments.
The Session of 1861 produced appropriation Acts similar in
amount, and with the same provisos as were contained in the
Acts of 1860. TheGovernor
Governor wrote as follows with regard to the
Acts of 1861.
Governor wrote as follows with regard to the
Acts of 1861.
The sum of £3200 was voted to meet the Civil List Salaries, namely,
The Governor .............. £800
Chief Justice ............. 800
Colonial Secretary ........ 500
Treasurer ................. 400
Surveyor General .......... 400
Attorney General .......... 300
subject to the proviso that the entire revenue of the Colony, whether derived from taxation, or sales of Crown lands, shall be placed at the disposal of the Colonial Legislature. That sum is however, admittedly inadequate to maintain the Chief Officers of an important Colony in a respectable position, and would not fairly represent the relative importance and responsibility of the
Offices they hold.
The Governor .............. £800
Chief Justice ............. 800
Colonial Secretary ........ 500
Treasurer ................. 400
Surveyor General .......... 400
Attorney General .......... 300
subject to the proviso that the entire revenue of the Colony, whether derived from taxation, or sales of Crown lands, shall be placed at the disposal of the Colonial Legislature. That sum is however, admittedly inadequate to maintain the Chief Officers of an important Colony in a respectable position, and would not fairly represent the relative importance and responsibility of the
Offices they hold.
The House would not I believe, have objected to a more
liberal Civil List, had I been in a different position, but I
did not think it expedient to ask for a larger sum on behalf
of Vancouver Island than is allowed by H.M.'s Government for
the support of the Civil Establishment in British Columbia:
and another motive for exercising the most rigid economy,
which had great weight with the House, was the fear of
imposing a burden upon the Colony greater than it is at
present capable of supporting; a reason which ought to have
its proper influence and consideration; but I would nevertheless
submit that there should be no formal surrender of the Crown
Revenues to the ColonialLegislature
Legislature until it has made a
sufficient provision for defraying the cost of Her Majesty's
Civil Establishment according to another scale which I propose
to bring forward at the next Session.
Legislature until it has made a
sufficient provision for defraying the cost of Her Majesty's
Civil Establishment according to another scale which I propose
to bring forward at the next Session.
The sum of £3207 was voted for defraying Departmental
Expenses, with the same restrictive proviso as to the payment
of the amount out of the general revenue of the Colony.
The appropriation Act for the service of 1862 contained
the same provisos as were inserted in the Acts of 1860 and
1861.
No notice has been taken by this Department of the provisos
in the above mentioned Acts. It has doubtless been understood
in the Colony that the Crown was not in a condition to enter
uponany
any discussion relative to a surrender of its Lands in
exchange for a Civil List until the negotiations with the
Hudson's Bay Company had been completed: and the Colony has
probably been willing to wait the convenience of H.M.
Government. Enough, however, has been elicited from the
successive stipulations in the Appropriation Acts to prove
that the wishes of the inhabitants of Vancouver Island, as
expressed by their chosen representatives, are
unmistakeably in favor of having the Crown Lands made over to
them, in exchange for a Civil List. As that point is
ascertained it will not be necessary for me to touch upon
the expediency of complying with their wishes. The experience
of the past, and the sentiments which, I believe, I am not
incorrect in ascribing to the Duke of Newcastle on this subject,
lead me to the assumption that His Grace viewswith
with favor the
proposed exchange. If I am right it becomes only a question
of what is the value of the Crown Lands the Government has
to surrender—what shall be the amount of the Civil List
which should be asked for in exchange—and when is the fitting
time for the negotiation.
any discussion relative to a surrender of its Lands in
exchange for a Civil List until the negotiations with the
Hudson's Bay Company had been completed: and the Colony has
probably been willing to wait the convenience of H.M.
Government. Enough, however, has been elicited from the
successive stipulations in the Appropriation Acts to prove
that the wishes of the inhabitants of Vancouver Island, as
expressed by their chosen representatives, are
unmistakeably in favor of having the Crown Lands made over to
them, in exchange for a Civil List. As that point is
ascertained it will not be necessary for me to touch upon
the expediency of complying with their wishes. The experience
of the past, and the sentiments which, I believe, I am not
incorrect in ascribing to the Duke of Newcastle on this subject,
lead me to the assumption that His Grace viewswith
with favor the
proposed exchange. If I am right it becomes only a question
of what is the value of the Crown Lands the Government has
to surrender—what shall be the amount of the Civil List
which should be asked for in exchange—and when is the fitting
time for the negotiation.
As to the present value of the Crown Lands I find
that in 1860 the sales produced £4576. In 1861 and 1862 we have
received no definite information from the Governor on the point.
As to the prospective value of this property it is
impossible to predicate what it will reach. It has been
calculated that in an area of 12 million acres in V.C.I.
there are about one million acres of cultivable land;and
and
about 100,000 acres either purchased or pre-empted. It is
not to be supposed that the price of Crown Lands will remain
very long at the present rate of 4s/2d an acre. The rapid
material advance of Victoria, arising from its propinquity
to a gold producing Colony—the existence of a free port—the
Naval Harbor of Esquimalt and head quarters there of the
Naval Squadron—the possibility of telegraphic and postal
communication with Vancouver Island, via the continent of
British North America, are strongly in favor of the supposition
that this Colony will become a favorite one for settlers,
and that land will much increase in price. If therefore in
1860 the revenue derived from Crown Lands reached upwards of
£4500, I think we may venture to assume that this year it
will have produced 5 or £6000
and that in a few years time it
will arrive at a much larger figure. But we have so little
data for forming an opinion on this point that it would seem
to be unavoidable for this Office still to postpone a final
settlement on the subject until a new Governor shall, after
enquiry on the spot, have procured the requisite complete
information.
and
about 100,000 acres either purchased or pre-empted. It is
not to be supposed that the price of Crown Lands will remain
very long at the present rate of 4s/2d an acre. The rapid
material advance of Victoria, arising from its propinquity
to a gold producing Colony—the existence of a free port—the
Naval Harbor of Esquimalt and head quarters there of the
Naval Squadron—the possibility of telegraphic and postal
communication with Vancouver Island, via the continent of
British North America, are strongly in favor of the supposition
that this Colony will become a favorite one for settlers,
and that land will much increase in price. If therefore in
1860 the revenue derived from Crown Lands reached upwards of
£4500, I think we may venture to assume that this year it
will have produced 5 or £6000
N.B. In an enclosure to the Govrs desph of the
4 March/63 The Crown Land Sales are estimated at
nearly £5000. The amount netted it £4500.
ABd
8 Apl/64
and that in a few years time it
will arrive at a much larger figure. But we have so little
data for forming an opinion on this point that it would seem
to be unavoidable for this Office still to postpone a final
settlement on the subject until a new Governor shall, after
enquiry on the spot, have procured the requisite complete
information.
I should suppose, therefore, that at a suitable moment
the new Governor would be empowered to announce that H.M's
Government will agree to exchange the Crown Revenues in
return for a reasonable, but sufficient Civil List, which
should be settled either for a term of years or for a
permanent period. It should be insisted upon that the
right of initiating Money Votes should be vested in the
Government. Thisrestriction
restriction affords some security against
the improvidence and jobbery which too frequently occur in
Colonies. When Mr Merivale was considering in 1860 the
question of surrendering the Crown Revenue in Vancouver
Island in exchange for a Civil List he expressed his views
in a Minute which I cannot do better than transcribe:
restriction affords some security against
the improvidence and jobbery which too frequently occur in
Colonies. When Mr Merivale was considering in 1860 the
question of surrendering the Crown Revenue in Vancouver
Island in exchange for a Civil List he expressed his views
in a Minute which I cannot do better than transcribe:
My inclination on the whole would be to transfer the
property on the following conditions.
Defraying all the Civil Establishment.
And certain Military expenses, to be fairly settled
beforehand.
Provision that H.M's Vessels and Military Departments
should have at all times ensured to them a supply of coal
free of cost (or under advantageous terms to be settled by
the Governor).
Perhaps
Perhaps, reservation of any discovery which may be
made of Gold deposits? though I do not see much use in
this.
The terms sketched by Mr Merivale would appear to be
reasonable enough but if the Colony should be called upon
to defray a portion of the Military expenditure it will
complain unless British Columbia is also made to contribute:
Vancouver Island will truly say that British Columbia will
benefit as much as she does by the protection of the Military.
For the present I should think it would be sufficient to
require that the Colony keep up such barracks as may be
necessary for the exigencies of the service. I suppose it
would not be fair nor possible to ask the Colony to erect
barracks.
As
As for the reservation of Gold or other Mines I think
that to insist on the Crown's retention of them will only
lead to future disputes with the Legislature.
ABd
9 May/63
Mr Blackwood has been good enough to send this on it's
way to the Duke of Newcastle. The following are the only
remarks which occur to me.
In Mr Merivale's list of conditions to be attached to
the surrender of the Crown Lands, he says
"defraying all the
Civil Establishment." This must mean, I apprehend, providing
what is commonly called a Civil List for the Chief Officers—Vancouver
Island does already defray all it's Civil Expenditure,
and has done so for several years.
Mr Merivale also contemplates a supply of coal to H.M.'s
Vessels free of cost or else on advantageous terms. I do not
understand how we could possibly require that the Queen's
Ships should receive coal without payment: there is no
precedent for it in any part of the World that I am aware of.
At page 5 Mr Blackwood has furnished a copy of the existing Civil List which appears evidently toosmall.
small. The following
scheme occures to me as one for consideration:
Governor ...............£3000
Chief Justice .......... 1000
Colonial Secretary ...... 800
Treasurer ............... 700
Surveyor General ........ 600
Attorney General ........ 300
£6400
small. The following
scheme occures to me as one for consideration:
Governor ...............£3000
Chief Justice .......... 1000
Colonial Secretary ...... 800
Treasurer ............... 700
Surveyor General ........ 600
Attorney General ........ 300
£6400
TFE
16 May
Duke of Newcastle
I presume no decision should be taken on this matter, until a new Govr shall have reported upon it.
I presume no decision should be taken on this matter, until a new Govr shall have reported upon it.
CF
19
It is unnecessary to furnish any minute account of the
Constitution conferred upon British Columbia by the Act of
Parliament passed in 1858
because it is well known. The Governor and Council, or
Council and Assembly were made the Legislature. As no
Council has been created nor Assembly summoned the Governor
has hitherto issued Proclamations which, on being confirmedby
by the Queen, have the force of law. The expiry of the Act
of Parliament having rendered it necessary to legislate
afresh, opportunity is taken to make alterations in the
Constitution of British Columbia some changes having been
urgently prayed for by parties in the Colony. The
discoveries of gold—confirmed by careful research—have
at once elevated British Columbia into a Colony of great
value and importance and have attracted a numerous, though
not a settledpopulation
population.
As a revenue, which amounts
to upwards of £100,000 per annum, is now raised in the
Colony, it is natural to give to a country which promised
so well and performed so largely, a more liberal form of
Government.
It being however considered impossible at this moment to unite
the two Colonies into one it has been decided to make the
following arrangement.
Act 21 and 22 Vict. C. 99 annexed.
[ABd]
by the Queen, have the force of law. The expiry of the Act
of Parliament having rendered it necessary to legislate
afresh, opportunity is taken to make alterations in the
Constitution of British Columbia some changes having been
urgently prayed for by parties in the Colony. The
discoveries of gold—confirmed by careful research—have
at once elevated British Columbia into a Colony of great
value and importance and have attracted a numerous, though
not a settledpopulation
population.
As a revenue, which amounts
to upwards of £100,000 per annum, is now raised in the
Colony, it is natural to give to a country which promised
so well and performed so largely, a more liberal form of
Government.
It being however considered impossible at this moment to unite
the two Colonies into one it has been decided to make the
following arrangement.
Instead of having one Governor presiding over Vancouver
Island andBritish
British Columbia, the two Colonies are to have
separate Governors, with separate Civil Establishments.
British Columbia, the two Colonies are to have
separate Governors, with separate Civil Establishments.
A Legislative Council not exceeding 15 in number is created,
which council is to consist of 1/3rd of Public
Officers, 1/3rd of Magistrates from different parts of
the Colony, and 1/3rd of persons elected by the residents
of different electoral districts. It is left to the Governor
to determine the period for which (subject to H.M's pleasure
which involvesa
a practical power of dissolution) the
Councillors should be appointed. By this simple machinery
a system of virtual tho' imperfect representation is introduced
which will pave the way to a more complete representative Government.
See annexed despatch of 15 instant.
[ABd]
a practical power of dissolution) the
Councillors should be appointed. By this simple machinery
a system of virtual tho' imperfect representation is introduced
which will pave the way to a more complete representative Government.
ABd
18/6
Other documents included in the file
"Victoria Cap XLVIII. An Act to provide for the Administration of
Justice in Vancouver's Island," 28 July 1849.
"Victoria Cap XCIX. An Act to provide for the Government of
British Columbia," 2 August 1858.
Minutes by CO staff
Mr Elliot
In consequence of some suggestions made to me by MrBlackwood I had recast most of this draft. Would you look at it generally, & particularly at the salaries wh Mr Blackwood proposes, & if you agree write them in in ink & pass on the draft to Mr Fortescue with any obsns which may occur to you.
In consequence of some suggestions made to me by MrBlackwood I had recast most of this draft. Would you look at it generally, & particularly at the salaries wh Mr Blackwood proposes, & if you agree write them in in ink & pass on the draft to Mr Fortescue with any obsns which may occur to you.
It wd go out with the Order in Council.
FR
9/6
I have read the draft, & inserted the salaries which I would
suggest.
TFE
12/6
Other documents included in the file
Minutes by CO staff
Mr Fortescue
This is submitted on the assumption that the Duke of Newcastle approves the draft Act of Parlt & draft Order in Council & the draft desph covering the Order in Council which I have successively submitted for H.G's consn.
This is submitted on the assumption that the Duke of Newcastle approves the draft Act of Parlt & draft Order in Council & the draft desph covering the Order in Council which I have successively submitted for H.G's consn.
Also on the supposition that Gov. Douglas will plan
to set the plan afloat. This is not very desirable—but it
seems to me unavoidable. For a new
Governor cannot be
appointed till a Civil List is fixed. And a Civil List
cannot be fixed (I imagine) till the Council is convened.
Governor cannot be
appointed till a Civil List is fixed. And a Civil List
cannot be fixed (I imagine) till the Council is convened.
But on this latter point I am somewhat in the dark.
It may be that the matter is in a more forward state
(through private communications or otherwise) than I
suppose.
FR
15/5