Seymour to Cardwell
               
            
            
               
               
                     Rue de la Paix
                     
                  
                     Paris
                     
                  
               17 February 1866
               
               Sir,
                
            
            
               As you did me the honor of consulting me respecting
               the resolutions of the Legislative Assembly of 
Vancouver Island,
               praying that that colony might be united to 
British Columbia, I 
               would now venture to express in writing—I believe in
               accordance with your wish—my views upon the Subject.
               
 
   
            
            
               2.  I think that the Assembly has faithfully
               represented the desire of the majority of the population.
               So great is the anxiety for union existing in 
Victoria,
               the political centre of the island, that the conditions
               are left entirely for you to determine. 
Nanaimo, the
               second town, I believe, faintly wishes for amalgamation of
               the two colonies, but the people are prosperous, contented,
               and the best feeling exists between them and the colonists
               of the main land.
               
 
  
            
            
               3.  The question of the relations of the two colonies is
               one of great difficulty.  They were, until recently, united,
               to the extent of having a Governor in common.  But the
               dissatisfaction in 
British Columbia at the state of things
               which then existed, was such that your predecessor effected the
               separation now found so irritating to 
Victoria.
               
               4.  Under the system which the 
Duke of Newcastle abolished,
               the Government of 
British Columbia was carried on from the
               capital of another colony.  The

 Governor and principal
               public officers drew full pay from the main land, and lived
               on the island.  The people of 
Victoria profited by the
               expenditure of the proceeds of taxation levied on another
               community, & were at the same time, by the freedom of
               the port, relieved from the payment of the heavy import
               duties which fell on those who made of 
British Columbia their
               home.  Whether it was wise to make two colonies of the
               territories lying West of the 
Rocky Mountains it is useless

               now to enquire; but colonists having been invited to settle
               on the continent on the faith that they were to form an
               independent community possessing their own Government and
               Capital, the old system was found to be manifestly unjust,
               and your predecessor, listening to the voice of the
               protesting colonists, effected the separation so joyously
               received in 
British Columbia.
               
               5.  I say confidently that that colony has not altered its
               views.  It has had the one great wish gratified and dreads
               all

 change.  I have heard this denied by 
Victoria politicians
               and I have in vain asked them for any evidence to support
               their denial.  If a desire for union has arisen in the
               colony, how does it show itself?  The gentlemen who
               successfully appeal to the people for nomination to the
               Legislative Council pledge themselves to opposition to union.
               The Council, on this subject entirely unfettered by me, vote
               unanimously against it.  The issue was fairly tried wherever
               there was a chance of success.

  Petitions were printed
               in 
Victoria recommending union and the abolition of
               unpopular taxation, & circulated in the mining districts,
               but they remained unsigned.  Indignation meetings were called
               in 
Cariboo, but no one would attend.  A newspaper was
               started in that district specially to advocate Union & oppose the
               local Government.  The miners merely protested against the
               scurrility of their professed organ, and when extraneous
               assistance was withdrawn it died from want of their support.
               I am for many reasons

 anxious that the desire for union
               should exist in 
British Columbia.  It does not.
               
               6.  The efforts of the Merchants of 
Victoria to create
               such a desire in the mining districts were, however,
               vigorous and well timed.  Not very high principled, but
               shewing considerable political dexterity.  It was felt that
               union, as a respectable question, could stand no
               chance of obtaining a hearing in 
Cariboo, but it might
               direct with some attention on the hustings coupled with
               an abrogation

 of the export duty on gold, and a general
               reduction of taxation.  Systematic agitation might possibly
               stir up the feeling against the gold tax to a sufficient
               strength to drag into light its self imposed associate,
               union.  I do not deny the unpopularity of the export duty,
               but the miners are aware that it was imposed with the
               consent of their own Mining Board, and voted for by their
               elected Members of Council.  They know the requirements of the
               Government, but above all they know that it requires no change
               in their political condition,

 no assistance from without, to
               relieve them from any burdens unanimously affirmed to be distasteful.
               
               7.  It would have been well if 
Victoria had earlier passed
               the resolutions in favour of unconditional union.  It was
               not until the efforts to obstruct the Government of 
British Columbia, by shaking the confidence of the people in its practice had
               proved vain that the wise course was adopted.  Though I
               shall presently shew that the larger colony has progressed
               greatly since

 it attained a separate existence, yet it did
               not escape entirely uninjured from the self-damaging attacks
               of the 
Victoria politicians.  The prosperity of both colonies
               depends principally on the powers of the gold mines of the
               main land to attract a considerable share of the large
               floating population which, centred in winter in California, 
               seeks in the public prints & in every rumour, a guide
               to direct its steps to the most profitable field for summer
               labour.  The 
Victoria papers & their 
Cariboo
               representatives,

 during its short existence, requested
               
British Columbia to be over taxed and ungently governed.
               Many persons, undoubtedly, in 
San Francisco took the English
               reports on English mines and management as correct and
               turned their steps towards other gold fields which
               American speculators took care not to depreciate.  The
               efforts of the 
Victoria agitators were thus partially
               successful.  The great objects of intimidating the Government
               & exciting disaffection failed, but a feeling outside the
               colony was created against the then

 recent legislation.
               This success, once obtained, caused alarm in 
Victoria.
               Then came the outcry that the miners were leaving the
               country;  Merchants from the island waited on the Governor on the
               subject & when the injury was done the 
Cariboo press was silenced.
               
               8.  Even in England persons connected with 
Victoria have
               had a meeting, where, in their eagerness for union, they
               have reported the two colonies to be languishing or
               retrograding in their present separation.  Reports on
               the subject deficient either in candour or information had been
               provided to the leading 
London journals.  I regret

 that
               the matter of union should not have been allowed to rest
               where it was properly placed, in your hands.  Who would
               emigrate from England to colonies, reported by their own
               respected representatives to have early in their career
               entered on their decline?  Who would seek investments in the
               funds of a community alleged to be daily diminishing in wealth?
               
               9.  I am prepared to allow that 
Victoria is not flourishing.
               I maintain that 
British Columbia
 is so.  It may seem
               strange, but their progress is not parallel & I can
               believe that the cause has escaped the knowledge of some of
               the merchants of 
Victoria.  The explanation is, however, simple.
               
               10.  The discoveries of gold on the Lower 
Fraser first
               attracted to British Territory a large portion of the
               unattached population of Western America.  The immigrants
               came from Oregon or California by sea.  Their detention at
               the first place of landing created 
Victoria.  The bars on
               the 
Fraser were gradually

 worked out.  Now they are abandoned
               to the labours of Chinamen.  But year by year the summer
               immigrants pushed further into the interior, still by the 
valley of the great river.  Finally 
Cariboo was discovered
               and its prodigious wealth attracted large numbers of miners
               who were fed and supplied from 
Victoria.  Driven from their
               work by the severe climate in the winter, the "Caribooites"
               spent some time & much money in that town & added to
               the profits

 of the merchants who had monopolized their
               markets during the working season.  There were no large
               settlements in 
British Columbia.  It was only a colony in
               name.  There was a gold mine at one end of a line of road.  A
               seaport town (under a different government) at the opposite terminus.
               
               11.  Here was the real cause of the ill feeling between
               the two colonies.  The settlers on the 
Fraser paid gold
               miners duties on all they consumed while the people of
               the island profited by the success of the diggings & paid
               no import duties.

  Everything was done to foster 
Victoria.
               Where public officers served both colonies, the island
               gave its own half pay; the full salary was drawn from the
               heavily taxed 
British Columbia, & the whole, then one
               salary and a half, was spent on the island.  Imperial
               interests were assumed to be involved in the welfare of
               
Victoria, & people affected to believe that great
               destinies were in store for the town they had early begun
               to name the "Green City of the Pacific".  Meanwhile
               every man on the main land knew

 that the town was kept
               alive by the 
British Columbian mines.  They petitioned
               for separation, and they got it.  Now, at all events, the
               proceeds of their taxation are spent among them.  Trade
               is beginning to establish itself on the 
Fraser.  On the
               other hand 
Victoria, descending to [illegible], seeks at
               the sacrifice of her free port, and constitution a
               close union into the colony whose wealth is her support.
               
               12.   
Cariboo was the great customer for 
Victoria, but
 Cariboo
               Cariboo with its prodigious wealth has been found out
               to be "poor man's diggings."  Not competent therefore
               to support a very large population.  The mines are of
               limited extent.  The gold is deep and is expensive to
               extract.  The number of spring immigrants began early to
               fall off and in 
1865 was smaller than usual.  There was
               no dearth of labourers.  
Cariboo warned off fresh comers
               as every place was full.  So it seemed, for with a
               diminished population, the yield of gold was in the
               proportion of 9 to 5

 as compared with the preceding
               year.  Wages were steady at 40/
s a day, and the necessaries
               of life far lower in price than they had ever been before.
               
Victoria continued to do the principal business of these mines, but
               the population to feed was comparatively small and 
Victoria suffered.
               
               13.  So did 
British Columbia to a certain extent.  Road
               side houses on the 
Cariboo line became bankrupt as traffic
               decreased by diminished immigration and accelerated
               travelling.  The general condition of the colony was
               however

 prosperous.  The customs receipts at 
New Westminster were, by the last account which has reached
               me, £15,000 in excess of the corresponding period of 
1864.
               I learn that the 
British Columbian capital "is making great
               progress.  Houses and wharves, clearing and fencing going
               on everywhere this autumn," and the most hopeful sign of
               all is beginning to shew itself; a disposition on the part
               of the miners to purchase land in 
New Westminster or its

               neighbourhood, and commence the systematic colonization of
               the Lower 
Fraser.  These benefits in no way assist 
Victoria
               nor can it appreciate the improvement in the general condition of
               
Cariboo which now induces many miners to winter there instead
               of squandering their money in 
Vancouver Island or 
San Francisco.
               
               14.  To the merchants of 
Victoria the depression they felt
               in 
1865 appeared to extend over 
British Columbia, but he could
               only see the valley of the 
Fraser while

 a vaster view lay
               open before the eyes of the Government of 
New Westminster.
               The usual wave of immigration was seen to come to us in
               equal if not larger volume than in former years.  Many miners
               were doubtless prevented by the 
Victorian outcry from coming
               direct to the English colonies, and the more United Americans
               secured the preference for their own gold fields of 
Boise
               or 
Coeur d'Helene.  But disappointed hopes soon drove 
               thousands in search of richer deposits.  From the sea to
               the 
Rocky Mountains, on both sides

 of the boundary line the
               country swarmed with eager prospectors who rushed backwards
               and forwards as reports circulated that the gold which all
               knew to exist had at last been found.
               
               15.  Late in 
1864 important discoveries had been made near
               the British 
Kootenay Pass of the 
Rocky Mountains in our
               territory.  It was first through American newspapers that
               I became aware of a rich and prosperous mining town existing
               within our limits about 500 miles due East of 
New Westminster.
               Although

 the 
Kootenay mines could at first be only approached
               by passing through United States territory, we soon
               extended British institutions over the new diggings.  Established
               Courts of Justice & collected taxes.  On the dissipation of
               the mining camps of the Boise Country, 
Kootenay received a
               considerable accession of population, & in the season of
               
1865 the new diggings were paying to the Colonial Treasury
               in taxes upwards of a thousand pounds a week.  Here was a
               tangible benefit to 
British Columbia
 Columbia, which brought no
               immediate advantages to 
Victoria.  On the contrary, the
               new miners which were fed from across the frontier took away
               many persons from 
Victoria's best customer, 
Cariboo.
               
               16.  The American prospectors continued to pour in by every
               opening in our rugged frontier, and the attraction of the
               
Kootenay itself soon dimmed before the discoveries on the
               
Big Bend of the 
Columbia.  I had fortunately consented to 
               license the running of steamers under the

 American flag in the
               purely English waters of that river.  Crowds arrived, freight
               poured in, and the advent of winter alone prevented the
               general rush which is confidently predicted for this year.
               I am credibly informed that these latest discovered gold
               mines have in some places yielded as much as eight hundred
               dollars a day, to the hand, without machinery.  If such be
               the case we need fear no competition.  
Victoria has
               however in no way shared as yet in the

 profits.  The customs duties
               levied at 
Fort Shepherd on the 
Columbia belong to us
               
British Columbians alone.  In other parts of the Colony
               the prospectors have been successful.  Near 
Lillooet, in a
               fine agricultural district, a stretch of nearly 70 miles
               of rich auriferous ground has been discovered and high hopes
               are entertained as regards the next mining season.  I say
               again that 
British Columbia is flourishing and has still
               brighter prospects in view.
               
               17.  I may observe, inadvertently, that the

 unsuccessful
               miners from 
Boise on the 
Coeur d'Helene are as valuable to
               us as an equal number of those who came by 
Victoria and the
               
Fraser.  The citizens of the United States are our boldest
               prospectors and not the least law-observing portion of our
               population.  They came to us across the frontier prepared
               to accept our institutions, their heads undisturbed by
               political agitations.  The carrying out of the last sentence
               of a Court of Lynch Law

 sometimes diminishes their
               numbers as they approach the boundary line, but once it
               is passed, the revolver and bowie knife are laid aside, and
               perfect tranquillity prevails under our vigorous administration
               throughout the Colony.  Crimes of violence are now almost
               unknown in 
British Columbia, and on the late circuit the
               Supreme Court did not find a single prisoner for trial at the 
Kootenay.
               
               18.  While 
British Columbia is reported to be languishing, it
               may be interesting for me to mention

—though I write without
               official documents—some of the principal public works which
               have been accomplished by us in 
1865.  I premise with the
               statement that every Surveyor and every Engineer in the
               Colony was in Government employ 
last year.  Every discharged
               Sapper possessing anything like adequate knowledge was likewise
               induced to enter our service.  A good trail for pack animals
               has been opened from the 
Fraser to the 
Kootenay.  The
 Cascade Range
 Cascade Range, the 
Gold Range, the 
Selkirk Range have been
               successively surmounted.  With what labour may be imagined
               when I state that at the end of 
May the cutting over the
               
Cascade Mountains had, on each side, seven feet of snow.
               This trail was not only run through English territory to a
               gold mine, but it affords, by the British 
Kootenay Pass an
               easy access from the Pacific to the Hudson's Bay lands beyond
               the 
Rocky Mountains.  Its principal value however to the
               Colonists is that it already enables the

 Merchants of 
New Westminster to undersell those of 
Lewiston & 
Walla Walla at the
               new diggings.  A sleigh road had been opened from the seat
               of Government to 
Yale running for upwards of a hundred miles
               through the dense forest of the lower 
Fraser.  A bridge has
               for the first time been thrown over 
Thompson's River on the
               main road to the Northern mines.  Upwards of twenty thousand
               pounds have been expended in the completion on the high road
               into 
Cariboo
 allowing machinery, at last, to be introduced into
               
Williams Creek.  A large sum is connecting by a long street
               the three mining towns in that locality.  A good road now
               connects 
New Westminster with the sea at 
Burrard Inlet, and
               secures the inhabitants from inconvenience, should an
               unusually severe winter close the 
Fraser.  A light ship,
               public libraries, new school buildings testify to the energy
               of the Government.  If I add, that in 
the year just passed,
               steamers

 have for the first time navigated the Upper 
Columbia
               and that 
New Westminster has been brought into connection with
               the whole telegraphic system of the United States, Canada,
               
Newfoundland & with 
Cariboo I point out an amount of work
               accomplished in a single summer, I should think entirely
               unprecedented in so young a colony.  For the telegraphic
               communication & the new line of steamers the Government can
               only claim the credit of the earnest efforts it has made
               to second

 the enterprise of our republican neighbours.
               
               19.  I have endeavoured at considerable length to prove; first,
               that union with 
Vancouver Island, or the annexation of that
               Colony is not desired in 
British Columbia.  Secondly, that
               the larger Colony is not in a depressed condition.  Possibly
               external agitation in connexion with the Gold Export duty
               may have to a certain extent impeded her progress.  If, in
               the violent competition on the Pacific to make the mines in
               the Colony or the States superior to each

 other in attraction,
               it be found that the British export on gold acts unfavourably
               to us, I can only say that the tax will be at once repealed.
               Our great public works are done, and if the export duty,
               though just, is impolitic, we will not suffer our miners
               to be over weighted by it, in the great struggle.
               
               20.  In the face of the reluctance of the colony over which
               I preside, to be drawn into any union with 
Vancouver Island,
               some explanation

 is necessary of the motives which induce me
               to entertain the question at all, instead of confining myself
               to backing the prayer of my Legislative Council that the
               existing separation may continue unimpaired.  I consider
               however my duty to require of me that I should not confine my
               attention exclusively to the internal affairs of the tract
               of country under my Government, but that I should likewise
               see to the strengthening of British authority, British
               influence and British power on the

 Pacific, and I at once
               admit that the existing division weakens all three.  The
               dissensions between the two colonies are looked upon in the
               neighbouring States as rather a scandalous, but novel and
               amusing feature in English colonization.  I am practically
               aware that it is extremely inconvenient for the Commander
               in Chief of the Pacific Squadron to be in communication
               with two Governors of nominally equal position, close to
               each other, but

 many thousands of miles from Head Quarters.
               I see that the Indian population of our North West coast,
               wherever the schooner or canoe of the 
Victoria smuggler can
               reach, are withering and disappearing under the disastrous
               effects of the whisky traffic.  I must remember that both
               
British Columbia and 
Vancouver Island have occasionally
               questions to discuss with their American and Russian
               neighbours, and that, as things now are, there is nothing
               to secure uniformity of action or

 expression in the English
               representatives.  The one may be on the most friendly terms
               with adjacent powers.  The other, in a state of reserve,
               pending a reference to Europe.  I find myself, under these
               circumstances, compelled to state that, in my opinion,
               England ought to be represented by one civil authority only
               beyond the 
Rocky Mountains.  Her Majesty's prerogative
               could of course effect this, without the aid of Parliament,
               but if a Lieutenant Governor be appointed to the smaller &
               poorer

 Colony the change, though an undoubted improvement,
               would still have 
Vancouver Island with a staff of public
               offices beyond her present ability to support.  I fear that
               the bickering would not cease, nor 
Victoria refrain from
               interference with the affairs of the neighbouring Colony.
               
               21.  Without any specific recommendation, I proceed to
               consider the terms upon which union could be carried out
               with moderate satisfaction to the one Colony & the least
               distaste to the other.  The

 Imperial Acts 21 & 22 
Vict:
               C: 99 (which has been repealed) provided that, on the
               petition of the two legislative houses of 
Vancouver Island,
               Her Majesty might declare that island to be an integral
               part of the Colony of 
British Columbia.  This appears to
               me to be the principle upon which union should be carried
               out.  But 
British Columbia has since then been favoured
               with a Legislative Constitution, by an Order in Council,
               & I am of opinion that no union should take place
               without

 the consent of the Legislative body created
               under it.  This, I think might be obtained should Her
               Majesty's Government desire it & equitable terms be
               proposed.  But I would here venture to state that if a
               return to the old state of things be sought to be imposed
               on 
British Columbia the outcry to which the 
Duke of Newcastle
               yielded but 
two years ago, will be renewed with increased volume.
               
               22.  An Act of Parliament somewhat similar to that above
               referred to having been obtained, the consent of the
               Legislature of 
British [Columbia]
 formally recorded, the
               Governor's proclamation of incorporation issued, the laws
               of the main land would at once be extended over the island.
               An early revision of these laws would however be required.
               This could hardly be effected, with a due regard to the
               interests of the newly acquired territory by the present
               Legislative Council of 
British Columbia.  That body should
               be dissolved, and a new legislature, with representatives
               from 
Vancouver Island, called into existence.

  Here arises
               the important question, What shall be the Legislative
               constitution of the one great English Colony on the North Pacific?
               
               23.  The Legislature of 
Vancouver Island of which the
               extinct provision of the Act already quoted contemplated
               the disappearance, consists of a Governor, a nominated
               Council and an elected Assembly.  Theoretically, perhaps,
               the best form of Government.  It is not for me to inquire
               how it has worked in 
Vancouver Island.  I content myself
               with saying that 
British Columbia
 Columbia is not ripe for such
               institutions.  I formed my opinion upon the following
               grounds.  First, an account of the vast number of aliens
               resident in the Colony, who would, I presume, be excluded
               from the suffrage were a symetrical constitution to be
               established.  Secondly, because there are but few
               persons who could devote their time and attention to the
               public service.  We should soon be reduced to pay our
               legislators, or fall into

 the hands of the professional
               politicians of whom the neighbouring States furnish to
               us the model.  Thirdly, because the uncertain nature of
               gold mining allows of a "rush" here and a "rush" there
               as rich leads are discovered, or old claims "cave in."
               Away goes the population from the "played out" town.
               Magistrate and constables follow, and the Surveyor and
               his road gang have to bring the new diggings into
               connection with the markets of the colony.  The Governor
               must act at once on

 his own responsibility and be able
               to rely with confidence on the passing of a Supplementary
               Appropriation Act to give legal sanction to the unforeseen
               expenditures.  Fourthly, because our population of Indiansis in
               a proportion of about 10 to one of ourselves.  They will now obey
               the Great White Chief.  They understand no division of authority.
               Lastly, because every one in 
British Columbia, Americans
               even more than English, sees the necessity of & wishes
               for a strong Government.  All

 like the power to be
               mainly vested in one man, responsible to public opinion,
               and are adverse to the professional politician.  For the
               colonies, if united, I would recommend an adherence to
               the principles of the Legislative constitution of 
British Columbia rather than to those of that conferred on
               
Vancouver Island.  I would however have a much larger proportionate
               infusion of the popular elements than we at present possess.
               
               24.  Her Majesty has, by Order in Council, created

 a
               body authorized to make laws for 
British Columbia.  It
               consists of fifteen Members exclusive of the Governor with
               whom it is optional to take his seat as a Member of the
               Board, or to keep aloof, & by so doing constitute
               himself an entirely separate branch of the Legislature.
               One third of the Council is composed of the undermentioned
               public officers, who are, by a separate instrument,
               constituted likewise the Governor's Executive Council:
               
               
               1. The Colonial Secretary
               
               2. The Attorney General
               

               3. The Treasurer
               
               4. The Surveyor General
               
               5. The Collector of Customs
               
               The remaining two thirds are selected by the Governor,
               but, I believe, that a despatch from the 
Duke of Newcastle
               directs that five of the ten shall be chosen from the
               Magistracy of the Colony, and that in the appointment of
               the other five the Governor shall endeavour to be guided
               by the wishes of the people as signified in five distinct
               districts.  Under this constitution the Government can command a
               majority of votes, but the power has been

 rarely exercised by me,
               save in cases where demands were made upon the Colony by the Imperial
               Treasury which the Legislature, if not coerced, would have rejected.
               
               25.  I would wish to make some observations upon the
               three divisions of the present Council.  The five Executive
               Members are in such close communication with the Governor
               that it is but rarely that one of them has an opportunity of
               asserting his independence by a vote against a measure

 introduced
               by the Government.  Hence, however useful as men of business, in the
               House, they do not, with the public, possess the same character for
               independence as the other two classes.  I would recommend that in the
               new Legislature for the united colonies the strictly
               official elements be not increased.
               
               26.  Probably in 
British Columbia the section of the
               Legislature which possesses most the confidence of the
               people is that of the Magistrates.  It is the right of the
               Governor to change the stations of the

 paid Justices of
               the Peace whenever he shall see occasion for doing so,
               therefore the best men are always selected for the most
               important trusts.  As the winter closes most of the miner's
               operations several of the Magistrates can be spared to attend the
               meetings of the Legislative Council in 
New Westminster.  The
               undermentioned districts are represented in this manner;
               
               
               1.  
New Westminster
               
               2.  The 
Kootenay Gold Mines in the 
Rocky Mountains
               
               3.  The Gold Mines of
 Cariboo
 Cariboo, nearly 500 miles North East of
               
New Westminster
               
               4.  The agricultural and now mining district of 
Lillooet
               
               5.  The pastoral and mining country intersected by the 
Columbia, bounded on the South by the American frontier.
               
               
               27.  The country Magistrates, whose salaries are not
               sufficient to enable them to enjoy any of the luxuries
               of life in the expensive districts in which they are
               stationed, live in the manly state of freedom of intercourse
               with all classes

 characteristic of 
British Columbia society.
               The Magistrates at the mines, hundreds of miles from Head
               quarters, are necessarily invested with duties of great
               variety and importance.  The representative of the
               Government, the sole referee or Judge in mining disputes, Gold
               Commissioner, Bankruptcy Commissioner, County Court Judge, the
               Magistrate is constantly before the public.  The smallness of the
               police force which we can allow to carry out his decisions & to
               preserve tranquillity

 compels him to rely much upon his
               personal influence.  It gives me great satisfaction to say
               that under these circumstances a body of Public Officers
               has been termed equally respected by the people and the Government.
               The miner looks upon the departure of the Magistrate for his
               legislative duties with fully as much of happy confidence as he does
               on that of the man he has assisted in returning to the House.
               
               28.  I would propose in the new constitution to

 increase
               the number of these valuable legislators from five to nine.
               I would submit that the present discretionary power resident
               in the Governor of making his selection from the centres of
               population, for the time being, be not interfered with, nor
               would withdraw the liberty granted to him by the 
Duke of Newcastle to appoint, should he see fit, unpaid in the
               places of paid Magistrates.  I venture to submit a plan
               for a distribution in the first instance of the nine seats
               
               
               1. 
Victoria, 
V.I.
               
               2. 
New Westminster, 
B.C.
               
               3. 
Cariboo, 
B.C.
               
               4. 
Kootenay or 
Columbia, 
B.C. 
               
               5. 
Douglas & 
Lillooet, 
B.C. 
                
               6. 
Osoyoos & Southern Frontier, 
B.C.
               
               7. 
Nanaimo, 
V.I.
               
               8. 
Yale & 
Lytton, 
B.C.
               
               9. 
Comox or 
Cowichan, 
V.I.
               
               It will be said that this is not a fair distribution.  Six
               Magistrates for 
British Columbia, three for 
Vancouver Island.
               I reply that the former colony now supports nine paid Justices of
               the Peace.  The latter only two.  My plan would entail the
               exclusion of three Columbian Magistrates & the creation
               of one, for

 Legislative purposes, upon the island.
               
               29.  The 
Duke of Newcastle directed the Governor to consult
               the wishes of the people in the appointment of one third
               of the Legislative Councillors.  My predecessor divided the
               Colony into 5 electoral districts:
               
               
               1. 
New Westminster
               
               2. 
Cariboo East
               
               3. 
Cariboo West
               
               4. 
Yale & 
Lytton
               
               5. 
Douglas & 
Lillooet
               
               The mode of ascertaining the popular desire is as follows;

               A letter is written by command of the Governor to the paid
               Magistrate of the district directing him to call a meeting
               of the inhabitants to select a person for a Seat in the
               Council.  One notice of the meeting is given in the gazette
               and, locally, by the Magistrate.  Seats in the Legislative
               Council are eagerly contended for.  Electioneering addresses
               issue from the rival candidates and sometimes very
               considerable expense is incurred.  Great discretion is left
               with the Magistrate and people of the

 district
               as to the votes which shall be accepted and reported to the
               Governor.  In 
New Westminster, I believe, in consequence of
               a feeling to that effect, aliens have abstained from voting.
               But in 
Cariboo, and I think other inland districts, every
               man who comes forward may record a vote, unless he be an
               Indian or a Chinaman.  Indeed I believe there are cities
               where some Chinese have been allowed to vote.  It meets with
               my approval that so long as a strong English Government
               exists

 in 
New Westminster no disqualification on account of
               nationality should exist at the gold mines.  I hold it as
               extremely desirable that we should know the real interests
               & feelings of our many alien immigrants.  That we should
               attach them to our institutions, and that, as we govern by
               moral force alone, not costing the Mother Country a soldier
               or a shilling, we should have among our legislators men
               responsible to alien as well as English constituents.  I
               like to hear any grievance which the American miner may
               imagine he

 suffers from in  
Cariboo disposed of as now by
               the remark, "Wait for the next election."  In the
               agricultural districts likewise I wish the aliens to
               take part in the elections.  
Lytton, probably, does not
               contain a dozen English unofficial inhabitants.  The farmers
               on the 
Thompson and Upper 
Fraser are many of them French.
               The hôtel keepers throughout the colony mostly belong to
               that nation or to the Italians.  The time has not yet
               arrived for me to consider

 whether the Chinaman or Indian
               should be allowed to vote at the elections.  I should be
               disposed to exclude both.  Possibly an exception might be made
               in favour of those who took out their "free miner's certificates."
               
               30.  The elections over, the Magistrate reports to the
               Governor the number of votes each candidate has received.
               It is by no means incumbent on the Governor to appoint to
               the Council the elect of the people, but it would require
               very special circumstances, such as

 have not yet presented
               themselves, to justify his rejection of the man placed at the head
               of the poll.  The Councillor must take the oath of allegiance before
               his seat.  A purely English Legislature is then secured.
               
               31.  Even if union is not to take place I should wish to
               see the popular element increased in our Legislative
               Council.  It is by gradual concessions, freely made by
               the Government, that the desire for institutions practically
               unsuited to 
British Columbia will be best

 kept under.  It
               is in the gold mines that I should specially desire to see
               the representation increased.  If the union of the Colonies should
               take place I would suggest that about twelve Members of the new
               Legislature should be appointed by the Governor on the recommendation
               of the people.  If the Colonies remain separate, I will address you
               at a future time respecting 
British Columbia.  I must repeat the
               recommendation I ventured to make, when treating of the Magisterial
               element, that the

 discretionary power of the Governor as to the
               districts to be represented should remain unimpaired.  I however
               submit a rough suggestion as to the first apportionment of seats
               
               
               
               
               
               
 
               As regards the electoral franchise in the first instance
               I would propose to leave the question as it now rests in
               the several districts.  It might be dealt with hereafter by the
               Council.  A property qualification and English nationality
               would I believe be required in the electors of 
Vancouver Island.
               
               32.  I think it would be desirable that the Governor should
               have the power of appointing two unofficial Members of the
               Legislative Council to the Executive

 Council.
               
               33.  Should union take place in the manner contemplated
               by the Act of the 21 & 22
d Vict, two important changes
               would take place in the condition of 
Vancouver Island.
               Its present legislative constitution would be abolished.
               Its partial exemption from import duties would cease.  The
               loss of the House of Assembly would not, I think, be much
               regretted.  The freedom of the port of 
Victoria has

 already
               been much impaired, duties being now levied on many articles
               of consumption.  There is a certain charm in the idea of a
               free English port on the Pacific destined to compete with
               
San Francisco & perhaps ultimately to establish a
               commercial preeminence for Great Britain on the Western
               Coast of North America.  But in reality few of the advantages
               expected from the free ports system have been secured, &
               the people of 
Victoria, having the issue fairly placed
               before them at the last elections, have, by a large
               majority, determined

 that the system shall cease and a
               Tariff take its place.  
Victoria does not lie on any of
               the great highways of commerce, & I do not suppose that
               a vessel ever entered the port which was not specially
               bound for it in the commencement of the voyage.  Besides,
               if the freedom of the port had realized the expectations of
               the people of 
Victoria would they now be in so gloomy a
               state, or ready to make any sacrifice to secure union with
               
British Columbia?  The last statistical returns shew that
               of the imports

 to 
Vancouver Island only one twelfth is
               exported to countries other than the neighbouring British
               Colony.  It may be said that smuggling is carried on to a
               great extent.  Possibly so, but I doubt whether this advantage,
               of somewhat questionable propriety, counterbalances the
               inconvenience of the restrictions placed on British commerce
               in the Western States of America.  The compulsion on every
               vessel to or from 
Puget's Sound to enter or clear at 
Port
                  Angelos
 40 (?) miles to Windward is I know found a serious evil
               in 
British Columbia.  The ships entering the 
Columbia or
               
Golden Gate from 
Victoria are examined I believe with a
               minuteness & suspicion not excercised on other traders.
               The Collector of Customs of California informed me that
               the commercial transactions of the British and American
               territories on the Pacific will never be conducted on an
               entirely satisfactory condition, so long as we look to the
               evasion of the United States' laws as one of our regular
               sources

 of profit.  Reciprocity such as that existing
               between the Eastern Colonies & States would be most
               valuable to us, but we cannot hope to obtain it, under a
               system which contemplates the flooding, if possible, of
               the neighbouring territories with smuggled goods.  Finally,
               
British Columbia cannot receive into herself a community which
               declines to share equally in her taxation.  
Victoria might retain
               nearly all her advantages as a distributing port by the establishment
               of Bonded Warehouses, and the allowing

 of a drawback on all
               merchandise, over a certain value, passing out of the Colony.
               
               34.  In the event of union taking place, a question which
               will locally excite some interest is as to the seat of
               Government.  
Victoria is the largest town of the two
               Colonies & is, in many respects, the most agreeable
               place of residence.  I think, however, that in seeking
               union with 
British Columbia, 
Vancouver Island
 Island relinquishes
               all claim to the possession within her limits of the seat of
               Government.  
New Westminster has been chosen as the capital of
               
British Columbia, & it would not be fair to the reluctant colony
               to deprive her of the Governor and staff of Officers.
               Both these towns are inconveniently situated on an angle
               of the vast British Territory, but 
New Westminster, on the
               main land, has the advantage over the island town.  It is
               already the centre of the telegraphic system

 and is in constant
               communication with the Upper country, whereas the steamers to
               
Victoria only run twice a week.  The seat of Government should
               be on the main land, whether it might not with advantage be brought
               hereafter nearer to the gold mines, is a question for the future.
               
               35.  Unmixed advantage would accrue from the amalgamation of the
               Supreme Courts of the two Colonies.  There would be abundance of work
               for the Judges now presiding

 in each colony.
               
               36.  It is premature for me to address you respecting
               the disposal of the public officers who might be thrown
               out of employment on the union of the two colonies.
               
            
            
               37.  I have now endeavoured to lay before you a scheme
               for the consolidation of British power & interests on
               the Pacific and for the suppression of the lamentable
               antagonism existing between some of our fellow subjects
               on that ocean.  I am well aware that there are conflicting interests
               which I cannot hope

 to reconcile.  The way of pleasing all parties
               has not been discovered.  The old system of union under a common
               Governor resident in 
Victoria broke down.  The new one of entire
               separation seems intolerable to the politicians of Vancouver's Island.
               Whether the arrangements I now suggest would be acceptable to the
               Colonists, I am much inclined to doubt.  
Victoria would probably
               expect better terms and 
British Columbia
 only wishes to be left alone.
               
               38.  In a consideration of any suggestions I now venture to
               lay before you, I beg for the indulgence which a letter written
               abroad, without access to official papers, may fairly claim.
               
            
            
            
            
            
            
            
               Minutes by CO staff
               
                
                  
                  
                  
                  
                     The worst of it is that since the time when the
                     projects on the subject were maturing, the 
Vancouver
                     Assembly has said that "although this House has
                     already shown it's willingness to accept whatever
                     Constitution HM's Government may be pleased to grant,"
                     it must express it's conviction that no Constitution
                     would be suitable which did not embrace a Representative
                     Government, and also "make the Official Heads
of
 of
                     Departments responsible to the people of the United Colony."
                     
                     The Resolution, it will be seen, does not actually
                     withdraw the previous reference of the matter to the
                     discretion of HM's Govt, but rather seems to express
                     an opinion on the manner in which that discretion
                     should be exercised.  If so, it must be determined
                     whether or not HM's Govt must hold itself bound, in
                     case it acts, by the advice tendered in this afterthought.
                     
                  
                  
                     I may mention that 
Mr Blackwood has in readiness
                     a selection of papers to put into type as soon as the

                     present report should arrive.