Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Collier, R. P. and
Collier, R. P. to
Cardwell, Edward 30 June 1865, CO 60:23, no. 6226, 104.
Abstract
Public Offices document.
Minutes (3), Other documents (1), Marginalia (3).
Palmer and Collier to Cardwell
Lincolns Inn
June 30. 1865.
Sir,
We are honored with Your commands, signified in Sir
Frederic Rogers's letter of the 7th of June, inst, stating
that he was directed by you to acquaint us, that a question
has been raised as to the Limits of the Colonies of
Vancouver's Island and British Columbia.
That the Act 12 and 13 Victoria c. 48
contains the following clause
IV
An Act to provide for the administration of Justice in
Vancouver's Island.
IV And be it enacted, that all such Islands adjacent to
Vancouver's Island, or to the Western Coast of North America, and
forming part of the Dominions of Her Majesty,
as are to the Southward of the Fifty second degree
of North Latitude, shall be deemed part of
Vancouver's Island for the purposes of this Act.
That by the 6th clause of the temporary
Act, 21 & 22 Victoria c. 99,
it was provided that
no part of the Colony of Vancouver's Island, as at
present established, shall be comprised within
British Columbia for the purpose of this Act.
An Act to provide for the Government of British Columbia.
That the Act 26 and 27 Vic.c. 83
c. 83,
after repealing the First Section of the Act 21 and 22 Victoria
c. 99, and continuing the remaining Sections till the
31st December 1863 (when they expired), proceeded to enact, that
British Columbia shall, for the purposes of the said Act, and all other
purposes, include Queen Charlotte's Island, and all other Islands
adjacent to the said Territories except Vancouver's Island
and the Islands adjacent thereto.
c. 83,
An Act to define the Boundaries of the Colony of British
Columbia and to continue an Act to provide for the
Government of the said Colony.
That, under these Acts, you requested, that we
would favor you with our opinion, whether the Islands adjacent
to the West Coast of North America belong to BritishColumbia
Columbia
or to Vancouver Island; and, if so, what course we would
recommend, in order to prevent controversy between the two
Colonies, respecting their jurisdiction over the interjacent Islands.
Columbia
or to Vancouver Island; and, if so, what course we would
recommend, in order to prevent controversy between the two
Colonies, respecting their jurisdiction over the interjacent Islands.
Sir Frederic Rogers was also pleased to annex, for
convenience of reference, a Map including the two Colonies,
and a Copy of a Despatch from the Governor of British
Columbia, which has raised the question.
In obedience to Your commands, we have taken this
matter into consideration, and have the honor to Report
That we think all theislands
islands adjacent to the
West Coast of North America, south (i.e. lying wholly
south) of the 52nd degree of North latitude, still
belong to Vancouver's Island, and not to British Columbia.
The point seems to us too clear, to admit of controversy.
The words, in section 3 of 26 & 27 Vict. cap. 83,
"Vancouver's island, and the islands adjacent thereto"
are perfectly sensible if applied to such islands, without
exception: and, as the definition is given for the
purpose of the Act 21 & 22 Vict. cap. 99, (while it should
continue in force,) as well as for all other purposes, it
must be read consistentlywith
with, and not as repealing or
altering, the 6th section of that Act, which (like all
other sections of it, except the first,) was, by sect. 2 of 26 & 27 Vict.
cap 83, expressly kept in force till the 31st Decr 1863.
islands adjacent to the
West Coast of North America, south (i.e. lying wholly
south) of the 52nd degree of North latitude, still
belong to Vancouver's Island, and not to British Columbia.
The point seems to us too clear, to admit of controversy.
The words, in section 3 of 26 & 27 Vict. cap. 83,
"Vancouver's island, and the islands adjacent thereto"
are perfectly sensible if applied to such islands, without
exception: and, as the definition is given for the
purpose of the Act 21 & 22 Vict. cap. 99, (while it should
continue in force,) as well as for all other purposes, it
must be read consistentlywith
with, and not as repealing or
altering, the 6th section of that Act, which (like all
other sections of it, except the first,) was, by sect. 2 of 26 & 27 Vict.
cap 83, expressly kept in force till the 31st Decr 1863.
It does not occur to us to suggest any course, except
that, if the Commissions of the Governors are not clearly
in accordance with the law, in this respect, they should be made so.
Minutes by CO staff
Governor Seymour shd be informed that the
question raised by his dph respecting the limits of
the Colony of B.C. has been referred to the L. Offrs
of the Crown who are of opinion that all the Islands
adjacent to the West Coast of N. America south (i.e.
lying wholly south) of the 52nd degree of N.
Latitude still belong to V.C. Island & not to B. Columbia.
Add that Mr S. is of course aware that the limits of the two
colonies are ascertained by a comparison of 12 & 13
Vict. c. 48 SS 4—21 & 22 Vict. c. 99 SS 1 and SS 6,
and 26 & 27 Vict. c. 83. SS 3.
(When this correspondence is closed I think
Mr Gairdner had better see it.
ABd)
