No. 16
               
            
            
               6th June 1864
               
               My Lord Duke,
                
            
            
               I have the honor to transmit an Authenticated and two
               plain copies of an Ordinance of the late Session of the
               Legislative Council of this Colony, entitled:
               
               No 16.  An Ordinance to amend Customs Duties.
                
            
            
               I add the Report of the Attorney General.
               
            
            
               2.  The three first clauses of this Act are not of a
               nature to raise any discussion. Public opinion in this and
               the Neighbouring Colony is not
unanimously
 unanimously in favor of the fourth.
               
 
            
            
               3.  
Victoria, in 
Vancouver Island, is the largest commercial
               town in the two Colonies on the North West Coast of America.  It
               is likewise a Free Port.  The greater part of the traffic with
               the Indians along the Coast of 
British Columbia has been conducted
               from thence.  Under these circumstances 
Sir James Douglas, as
               Governor of the two Colonies, on their Legislative separation,
               issued a Proclamation, 
2nd June 1859, to authorize the
               clearance of vessels in 
Vancouver Island for any Port on the
               Main land North of the 
Fraser River, on payment of the Customs
               Duties of this Colony.  This arrangement would probably have
               continued in force, notwithstanding
the
 the objections to which it
               is subject, had not the Colonial Secretary of 
Vancouver Island,
               shortly after my arrival, declined to collect any more duties
               for 
British Columbia.  The question, thus thrust forward for
               consideration, was brought before the Executive Council, and I
               was pressed to allow some such measure as that now transmitted.
               
 
            
            
               4.  The new Law creates some dissatisfaction in 
Victoria, and
               I have gone to the extent of promising, in reply to a petition,
               to consider the whole question further before I meet the Legislative
               Council again.  I have given no pledge that I will allow any
               alteration of the present Law, but I have sent down
a
 a Customs
               Officer to clear, in 
Victoria, such vessels as may be ready to
               sail for this Coast.  The favor will not be repeated, and in
               future, the Law, as it stands, shall be strictly carried out.
               Vessels going to engage in the very profitable traffic with the
               Northern Indians will have to clear at 
New Westminster.
               
 
            
            
               5.  The advocates of the Ordinance of last Session urge,
               1
stly The inconvenience of employing a Public Officer of
               this Colony at a Port where our Legislature has no jurisdiction
               and where the Local Law furnishes him with no authority to
               exercise the duties imposed upon him.  2
ndly, It is said
               that 
British Columbia loses much of its Revenue from the
System
               System of smuggling, carried on from 
Victoria.  A vessel, it
               is alleged, clears from that Port, for the fur trade, with
               a certain amount of cargo on board, and then fills up, in
               the smooth waters of the Gulf of Georgia, with well paying
               articles, such as whiskey and other spirits, which it is our
               policy to keep from the Indians.
               
 
            
            
               6.  These reasons in favor of the new Law appear to me
               forcible, and I have others to add from my own experience.  I
               find it extremely inconvenient to have the centre of intelligence
               respecting the proceedings of our Coast Indians at a Port
               over which I have no control.  For instance, the massacre of
               
Mr Waddington's road party on the 
Bute Inlet Trail was known
               in
Victoria
 Victoria nearly three days before it was communicated to
               me.  Further, I consider now that our relations with the Northern
               Indians are somewhat strained, that the trade with them should
               be to a certain extent under the supervision of the Government
               of this Colony.  It would probably be a great pecuniary
               benefit to 
Victoria, if we were to be engaged in hostilities
               with the Native tribes.  To all of us, with the exception of a
               few general dealers in 
New Westminster, it would be an unmixed
               calamity.  On the Mother Country such a war would throw enormous
               charges, and I need scarcely say, that the injuries it would
               inflict on the Native races are incalculable.  
Victoria, alone
               would gain, and 
Victoria, if I may judge from the Public Press
               and the speeches
at
 at Public Meetings, would not be indisposed
               to precipitate us into war.
               
 
            
            
               7.  I know the objections to which the present Act is liable,
               and I shall give them further consideration.  But to preserve
               the peace of the Colony and to prevent the further demoralization
               of the Coast Indians by totally irresponsible persons, I beg that
               the present Ordinance may not be disallowed.
               
            
            
               I have the honor to be
               My Lord Duke
               Your Graces most obedient
 
               humble Servant
               
Frederick Seymour
                
            
            
            
            
               Minutes by CO staff
               
               
               
               
               
               
                  
                  
                     Mr Fortescue
                     This is a curious question being really not in any degree
                     legal, but entering administration.  It seems to me a matter
                     in 
wh the 
Govr of 
B. Columbia should be allowed to
                     act entirely with a view to its own protection.  And 
Mr
                        Seymour's arguments have the ring of truth about them.
                     
 
                  
                  
                     The Ordce must go to the Try & B. of T. as a
                     matter of course.  But an opinion shd I think be expressed
                     with 5th Clause.
                     
                  
                  
                     I 
shd , I think propose to ans
r the 
Govr that as it
                     appeared possible from 
Govr Seymour's statement that 
Mr C.
                     
wd receive some representation from 
V.C.I., adverse to the
                     4
th clause of this Act 
Mr C. did not think it proper to
                     prejudge the question by expressing at present any opinion
                     respect
g it.  Copy of this ans
r to Tr
y with Ord
ce.
                     
 
                  
                  
                  
                   
                
            
            
               Documents enclosed with the main document (not transcribed)
               
               
                  
                  
                     Copy, 
H.P.P. Crease, Attorney General, to Colonial Secretary, 
11
                        May 1864, reporting on the ordinance as per despatch.
                     
                     
 
                   
                
            
            
               Other documents included in the file
               
               
                  
                  
                     Rogers to 
G.A. Hamilton, Treasury, and 
J. Booth, Board of Trade,
                     
23 August 1864, forwarding copy of the despatch, ordinance, attorney
                     general's report and reply to the governor for consideration.
                     
 
                   
               
               
                
            
            
               
                  People in this document
                  
                        Blackwood, Arthur Johnstone
                  
                        Booth, James
                  
                        Cardwell, Edward
                  
                        Crease, Sir Henry Pering Pellew
                  
                        Douglas, Sir James
                  
                        Elliot, Thomas Frederick
                  
                        Fortescue, 1st Baron Carlingford Chichester
                  Hamilton, George Alexander
                  Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes
                  Rogers, Baron Blachford Frederic
                  Seymour, Governor Frederick
                  
                        Waddington,  Alfred Penderell
                
               
                  Places in this document
                  British Columbia
                  Bute Inlet
                  Fraser River
                  New Westminster
                  Vancouver Island
                  Victoria