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 
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