Childers to Rogers (Permanent Under-Secretary)
Treasury Chambers
8th November 1865
Sir
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
your letter of the
21st Ulto enclosing a communication
from the Crown Agents for the Colonies on the subject of the
appointment of Trustees for the Management of the Sinking
Fund of the Loan of £100,000 raised by
British Columbia,
under the authority of the Ordinance N
o 7 of
1864.
With regard to the suggestion of the Crown Agents that the
money to be set aside for the formation of the Sinking Fund,
should be invested in the repurchase of Debentures, Their
Lordships are of opinion that such a course would be the most
natural, and would tend to improve the value of the securities
in the Market; but that the language of sec 12 in the Act—No
7 of 1864—and the corresponding secs in the previous
Acts—No 5 of 1862 and No 5 of 1863—is so doubtful as
to render such a repurchase inexpedient without further
reference to the Colony.
Sec
s 10 and 11 of the Act N
o 7 of
1864—provide that
two and
a a quarter per cent, per annum, on the amount of
Debentures outstanding, should be invested in any Government
Securities (named by the Secretary of State) whether
Imperial or Colonial; and the dividends on such Securities
are also to be invested "so that the same may accumulate by
way of compound interest."
These sections would appear to authorize the Sinking
Fund to be so invested in the Debentures issued under the
Act (if approved by the Secretary of State) but the following
sec 12—though apparently relating to the repurchase of
Debentures by additional monies voted for that purpose by
the Legislature, or applied by the Governor from surplus
revenues, adds that the Trustees of the Sinking Fund
may may
make use "thereof" for the purpose of withdrawing
from the Market, by purchase, debentures issued under the
Act; and such debentures are to be cancelled.
If the word "thereof" relates, not to monies in
addition to the Sinking Fund appropriated by the Legislature
or issued by the Governor; but to the accumulations of the
Sinking Fund itself; it would be imprudent to invest the
latter in these debentures, as the cancellation of the
Bonds would deprive the Fund of the accumulation of the
dividends at compound interest, and this, considering also
the reduction of the amount outstanding on which the
percentage of 2 1/4 is to be calculated, would render
the extinction of the Loan,
within within the specified time, impossible.
My Lords cannot, therefore, authorize the investment
of the Sinking Funds established by these Acts in debentures
of
British Columbia until the Colonial Government shall have
expressed their views on the question and, if necessary,
obtained Legislative amendment of the 12
th section of this,
and the corresponding sections of the other Acts.
But it appears to My Lords that the investment of these
Sinking Funds may with propriety be made in the debentures
of the more important British dependencies, which are
readily negotiable on the Stock Exchange, and I am
to
suggest that the Crown Agents should submit the titles of
such Securities for Their Lordships approval.
Minutes by CO staff
Sir F. Rogers
As this touches on the construction of a local
Ordinance, it may be the most correct course to pass
the letter through your hands. I believe however that
it does not contain anything
which need at present tax
you for your attention. The suggestions of the Treasury
are purely financial and appear to me reasonable; and
I think that it will only be necessary to write as
they desire to the Colonial Agents and to the Acting Governor.
I should think so. The obsns of the Treasury are in
fact suggested by the C.O. letter of 21 Oct. They take
the view wh that letter puts before them.
Other documents included in the file
Elliot to
Gairdner and
P.G. Julyan, Crown Agent,
16 November
1865, advising that they had been selected as trustees for
the management of the sinking fund for the
1864 loan.
Minutes by CO staff
Mr Elliot
I understand that a letter of this description is
usual in appointments of this kind.
Other documents included in the file
*
Elliot to Crown Agents,
16 November 1865,
concerning investment of the sinking fund.
Draft reply,
Cardwell to Officer Administering the Government,
No. 91,
16 November 1865.