No. 30
               
            
            
               17th January 1867
               
               My Lord,
                
            
            
               I have the honor to report that I have constituted a Legislative
               Council for the United Colony of 
British Columbia, as follows:
               
               2.  In obedience to Her
Majesty's
 Majesty's commands I have
               re-appointed the Colonial Secretary (
Mr Birch) the Attorney
               General, (
Mr Crease) the Surveyor General, (
Mr Trutch) and
               the Collector of Customs (
Mr Hamley).  The Office of Treasurer
               is in abeyance on account of my having been compelled under
               circumstances detailed in another despatch
               
               
               

                     
                     Not recd in Dept.
                     
                  
               
               
               to relinquish the
               services of 
Mr Franks. On that Gentleman's departure from the
               Colony, I propose as a temporary arrangement to
place
 place 
Mr Young,
               late Colonial Secretary of 
Vancouver Island, in the office of
               Treasurer, in order that I may make use of his local knowledge
               and experience in the Executive and Legislative Councils.
               
               3.  I have further appointed on my own responsibility nine
               gentlemen whose names are on the Commission of the peace, to be
               members of the Council
               
               
            
            
               1
st  Mr Wood, late Acting Attorney General of 
Vancouver
                  Island, to act as Solicitor General
during
 during the Legislative
               Session at a rate of Salary equal to that which he drew
               when holding his late appointment.  I think his services
               will be valuable in the amalgamation of the Laws of the two
               sections of the Colony with which I am now proceeding.
               
               2
nd  Mr Henry Ball is one of our ablest Magistrates and
               acted successfully as Colonial Secretary during 
Mr Birch's
               temporary administration of the Government.
               
 
            
            
            
            
               4
th  In the appointment of 
Mr Clement Cornwall, I sought
               to represent the agricultural interests and to secure for the
               Colony the intelligent but unfettered assistance of an English
               Barrister and Gentleman of large stake in the Country.  
Mr
                  Cornwall represented the 
Yale Lytton District in the late
Council
 Council.
               I regret to say that a pressure of private business will prevent
               his attendance in Council during the present session.  I hardly
               know yet whether I shall have to fill up his place.  
Mr Cornwall
               is an unpaid Justice of the Peace.
               
               6
th  Mr William Macdonald is the Mayor of 
Victoria.  I have
               placed him in the position of an independent Member of Council as
               a mark
of
 of the interest I feel in the welfare of our principal town.
               
               8
th  Mr Peter O'Reilly is the Chief Gold Commissioner of the
               Colony and one of the best of our Public
Officers
 Officers.
               
               4.  I appointed nine seats to be filled on the recommendation
               of the People.  In this way, five to the Mainland, four to the
               Island.  The mode of selection was the same as that previously
               existing in each section of the Colony.  On the Island the old
               franchise was retained and
the
 the Voters stood on the Electoral Role.
               On the Mainland the selections took place previous to My return to
               the Colony and were made by Universal Male Suffrage of the
               inhabitants assembled in public meeting—Indians and Chinese
               however not being allowed to vote.
               
               The following is a list of the Gentlemen selected and
               appointed.
               
               
            
            
               1
st  Mr John Sebastian Helmcken is the late Speaker of the
               extinct House of Assembly of 
Vancouver Island although a
somewhat
 somewhat
               vehement politician and disposed to consider principally the
               interests of the town of 
Victoria, I view his return to the
               Council with satisfaction.
               
               2
nd  Mr John Robson is the President of the Municipal
               Council of 
New Westminster and ardently devoted to the interests of
               the town he represents.  He is editor of the "British Columbian" a
               journal of considerable local influence.
               
               5.  It is allowed by general consent that such good elements
               for the constitution of a Legislative Body have never before been
               collected in these Colonies and I beg to recommend the Councillors
               generally for Your Lordship's confirmation.
               
            
            
               6.  I have made the appointments for two years.
               
            
            
               7.  It is not to be expected that all will pass over quietly
               in the first session of the combined
Legislature
 Legislature of two Colonies
               whose rivalry has disturbed this Coast for many years, yet I allow
               myself to hope that no serious obstacles will be placed in the
               way of the transaction of Public business.
               
               Minutes by CO staff
               
                
                  
                  
                     With the exception of 
Mr de Cosmos (properly 
Smith) I should
                     say that the Governor is most happy in the composition of his
                     first Council.  They are practical & respectable men.
                     
                     Acke & approve?
                     
                  
                  
                   
                  
                  Mr Gairdner
                     Before we write to the Governor I think you had better
                     see the 
desph of 
Governor Seymours.  The selections &
                     elected Members are good enough.  The question may be how to
                     reconcile them with the Royal Instructions to 
Govr Seymour—wh
h
                     were left unaltered when the Act

 was passed for the
                     Union of the two Colonies.
                     
 
                  
                  
                   
                  
                  Mr Blackwood
                     The Legislative Council is constituted under the Authority
                     of the 5
th Clause of the Order in Council of the 
11 June
                        1863: and I do not perceive in these arrangements anything
                     inconsistent with that Clause.  But this is now rather a
                     question for 
Mr Holland than for me.
                     
 
                  
                  
                   
                  
                  Mr Blackwood
                     I understand the Governor to have appointed of his own
                     selection 9 gentlemen—& to have further appointed

 9 who
                     were recommended for appointment by the people.  But in
                     the latter case, though the 
Govr did not select, he
                     "appointed" & thus the case falls within the Order in Council
                     clause 5, & the meaning of the Act of Union 29 & 30 
V. c. 67.
                     
 
                  
                  
                     It would be well to see if 
Sir F. Rogers agrees before
                     the despatch is sent out.
                     
 
                  
                  
                     I agree.
                     
                  
                  
                  
                   
            
            
               Other documents included in the file
               
               
                
            
            
            
               
                  People in this document
                  
                        Adderley, C. B.
                  
                        Ball,  Henry Maynard
                  
                        Barnard,  Francis J.
                  Birch,  Arthur Nonus
                  
                        Blackwood, Arthur Johnstone
                  
                        Brew, Chartres
                  
                        Carnarvon, Earl
                  
                        Cornwall, Clement Francis
                  
                        Cox, William George
                  
                        Crease, Sir Henry Pering Pellew
                  De Cosmos, Amor
                  
                        Douglas, Sir James
                  
                        Elliot, Thomas Frederick
                  
                        Franks, Charles W.
                  
                        Gairdner, Gordon
                        
                  
                        Grenville, Richard
                  
                        Hamley, Wymond Ogilvy
                  
                        Helmcken, John S.
                  
                        Holland, Henry Thurston
                  
                        Macdonald,  William
                  
                        Nicol,  Charles S.
                  O'Reilly, Peter
                  Pemberton, Joseph Despard
                  
                        Robson, J. 
                  Rogers, Baron Blachford Frederic
                  Sanders, Edward Howard
                  Seymour, Governor Frederick
                  Smith, Robert Thompson
                  
                        Southgate,  J. J.
                  Stamp, Captain Edward
                  Trutch, Sir Joseph William
                  
                        Walkem, George Anthony
                  
                        Wallace,  George
                  
                        Woods, Richard
                  Young, William Alexander George
                
               
                  Places in this document
                  Big Bend
                  British Columbia
                  Cariboo Region
                  Kootenay Region
                  Lillooet
                  Lytton
                  Nanaimo
                  New Westminster
                  Vancouver Island
                  Victoria
                  Yale