Childers to Rogers (Permanent Under-Secretary)
Treasury Chambers
31st October 1865
Sir
With reference to your letter of the
3rd Instant, and
its enclosures, I am desired by the Lords Commissioners of
Her Majesty's Treasury to state for the information of
Mr
Secretary Cardwell, that Their Lordships have had under
consideration the Ordinance N
o 3 of
1865, which has
been passed by the Legislature of
British Columbia, entitled
"An Ordinance to amend the duties of Customs" together with
the despatches from the Governor, and other papers relating
to the objections that have been taken
to the measure in
the adjoining Colony of
Vancouver Island.
Their Lordships desire me to request that you will
state to
Mr Secretary Cardwell that They see no sufficient
reason, on legal grounds, for interfering with the proceedings
of the Legislature of
British Columbia in this matter, or for
witholding Her Majesty's confirmation of the Ordinance.
I am, however, to add that my Lords observe that the value
of articles subjected by this Ordinance to ad valorem duties
is to be reckoned according to their value at the place of
Shipment instead of at the place of Entry. Such a regulation
is, so far as My Lords are aware, without precedent in the
Customs
Laws Laws of British Possessions; and it will have the
result of subjecting articles, identical in all respects,
and of the same price to the Consumer, to different rates
of duty, according to the Country from which they may have
been shipped; thus, in effect, if not in words, establishing
a system of differential duties.
Before, therefore, the Ordinance is submitted for Her
Majesty's confirmation, Their Lordships suggest that this
point should receive the attention of the Secretary of State
for the Colonies.
[P.S.] The printed enclosures to your letter, except the Ordinance,
are returned herewith.
Minutes by CO staff
Sir F. Rogers
The Colonists of
Vancouver took the strongest
exception to the clause about value at last place of
Shipment, which they considered to be levelled against
them. This letter supports the same view, that it is
contrary to principle and I should think that the Enactment
ought not to be assented to.
I think so too—till this clause is altered.
It is a differential duty in favour of those countries
in which production is cheap. This form of objection
(as a differential duty) justifies Imperial interference
more than that
wh I made in a Minute on 6176
B.C. In
substance the two objections are one.
Mr Jadis
See the minutes on this letter.
Will you prepare a draft sending to the Colony the
extract which I have marked of Bd of Trade dated
13 Octr and a copy of the present Treasury letter.
Draw attention to the remarks made by the Board
of Trade on the subject of the high rate of duty on
some of the articles included in the proposed tariff.
The Acting Governor will perceive the remarks made
by the L.C. of the Treasury on the provision for subjecting
articles indentical in all respects, and of the same price
to the consumer, to different rates of duty, according
to the Country from which they may have been shipped.
State that until this Enactment, which is contrary to
precedent and unadvizable in principle, shall be altered,
it would be out of
Mr Cardwell's power to recommend the
Ordinance for confirmation, but that he refrains from
advising it's disallowance until there shall have been time
for correcting the objectionable clause.
Other documents included in the file
Draft reply,
Cardwell to Officer Administering the Government,
No. 89,
11 November 1865.