No. 70
My predecessor appointed a Legislative Council to last for
one year; from the
1st of January to the 31st of December
1864. The Indian rebellion and many other causes have compelled
me to depart considerably in the expenditure of the Revenue from
the Appropriation made by Ordinance in the beginning of the year.
I purpose
calling calling the Legislature together in
December to pass
the Supplementary Estimates and an Auxiliary Appropriation Act.
I found myself therefore in the dilemma of having the
December
Session carried on by a Council which would be replaced in
January
unless I reappointed the Board as constituted by
Sir James Douglas.
The Council I found in existence did not I believe command the
full confidence of the people, I therefore relieved myself of all
further embarrassment by dissolving it.
2. I have made the following appointments, subject to your
pleasure.
The
The Colonial Secretary
The Treasurer
The Attorney General
The Collector of Customs
I should have added, The Acting
Surveyor General, but that
Captain Holmes has departed for
Honduras. The Office is now in abeyance.
3. I have appointed the undermentioned Magistrates
Mr Chartres Brew of
New Westminster
Mr Peter O'Reilly of
Cariboo
Mr Henry Maynard Ball of
Lytton
to represent the interests of
the People on the
Yale-
Lytton line of road. I have chosen M
r
Andrew Charles Elliott, of
Lillooet, in
the the place of
Mr Nind
of
Douglas, as Official representative of the
Douglas-
Lillooet
District.
Mr Nind so little satisfied my predecessor that he
was ordered to remain at his post during the last Session.
Mr
Elliott is a lawyer of considerable acquirements and, I believe,
will be an acquisition to the New Council. He is at present
personally unknown to me. The management of the new Gold mines
recently discovered near the
Kootenay River in the
Rocky Mountains
and the facilitating of access to them will be among the most
important
important measures which I shall bring before the Council in
January. I have, therefore, gladly availed myself of the Services
in the Council of
Mr John Carmichael Haynes, who, you will
observe in
Mr Birch's report enclosed in my despatch No. 71 of
the
25th instant, has managed admirably in the establishment
of law and order among the miners.
Mr Haynes supersedes
Mr
Sanders of
Yale. The last named Gentleman is an excellent public
Officer, but the interests of
Yale and
Lytton are so nearly
identical that they
can can safely be left to the management of
Mr
Ball.
Mr Haynes is, like
Mr Elliott, at present unknown to me.
5. In
5. In
Cariboo West,
Mr Walter Moberley has been chosen
in preference to the former Member of Council,
Dr Black, but the
latter Gentleman has just sent me in a petition, praying that I
will not appoint
Mr Moberley on the ground of his having been
adjudicated a Bankrupt in
Vancouver Island in
1863. The matter
is under my consideration. I have asked for information respecting
Mr Moberley's bankruptcy, but if, as I believe, he was an honest
but unfortunate speculator, in a Country where all speculate, I
shall appoint him during your pleasure.
6. The Appointments I have
made made are to continue in force, unless
disallowed by the Secretary of State, until the
1st of May 1866.
7. I have summoned the Council to meet on the 12th of
December for the despatch of business.
Minutes by CO staff
Mr Elliot
Under the authority of the 5
th clause of the Order
of the Queen in Council of
11 June 1863 the apptment of the
Members of the L.C. of
B.C. "may be made to determine at a
period named in the instrument making the same" and it is
added "every Member of the said Council shall hold Office
during H.M's pleasure only."
I presume that in the Instrument of apptment
Sir J.
Douglas, when he nominated the Board for the first time,
fixed its duration for one year. Such fact however has
not
been before reported to this Office, nor was I otherwise
aware of it. Under these circes
Mr Seymour has had to
reestablish the Board & has profited by the occasion to
make some alterations in its composition.
I see no objection to the selections now made, if
Sir F. Rogers has none to offer on the score of legality.
Sir F. Rogers
You will observe that
Govr Seymour says in his opening
sentence that his Predecessor appointed his Council for
one year viz
t the year
1864.
I am afraid
Mr Seymour may have got himself into a scrape.
Dissolution is a mode of proceeding applicable to a
representative Legislature—but the
B Columbia Council is
legally a mere Crown Council to which the operation of
dissolution is not naturally applicable & is not in fact
applied by the Order in Council
wh establishes the
B
Columbia Legislature.
The only mode by which a Councillor
can be got rid of is,
I apprehend, first by the Expression of H.M's pleasure
under clause 5 of the Order in Council, & secondly by his
seat being declared vacant by the
Govr upon his bankruptcy
&c under clause 13. Thirdly by his suspension by the Governor
on some definite charge under clause 14 of the Order in
Council and 23 of the Governor's Instructions.
I think this
shd be explained to
Mr Seymour, that he
shd be informed that serious doubts (to say the least) may
be entertained whether the Councillors are not unlawfully
appointed, as having been appointed before their predecessors
term of office had expired & that he should be recommended
to reappoint the gentleman whom he has appointed and as soon
as they are reappointed to pass a law establishing retrospectively
the validity of all acts & proceedings taken before their reappointments.
I think also that he should be admonished as to the necessity
of carefully considering the instruments under which his
power as Governor are conferred upon him before he proceeds to the
exercise of these powers.
Other documents included in the file
People in this document
Ball, Henry Maynard
Birch, Arthur Nonus
Black, Doctor
Blackwood, Arthur Johnstone
Brew, Chartres
Cardwell, Edward
Cornwall, Clement Francis
Douglas, Sir James
Elliot, Andrew Charles
Elliot, Thomas Frederick
Fortescue, 1st Baron Carlingford Chichester
Haynes, John Carmichael
Holbrook, Henry
Holmes, Captain G. W.
Homer, Joshua Attwood Reynolds
Moberley, Walter
Nind, Philip H.
O'Reilly, Peter
Orr, James
Rogers, Baron Blachford Frederic
Sanders, Edward Howard
Seymour, Governor Frederick
Smith, Robert Thompson
Walkem, George Anthony
Places in this document
British Columbia
British Honduras
Cariboo Region
Douglas
Kootenay River
Lillooet
Lytton
New Westminster
The Rocky Mountains
Vancouver Island
Yale