Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Governor Frederick to
Leveson-Gower, Granville George 19 March 1869, CO 60:35, no. 5567, 254.
Abstract
Seymour, Governor Frederick to
Leveson-Gower, Granville George 19 March 1869, CO 60:35, no. 5567, 254.
Despatch to London.
Minutes (5), Enclosures (untranscribed) (2), Other documents (1), Marginalia (1).
No. 44
19th March 1869
My Lord,
I have the honor to forward an Authenticated and two plain
Copies of a Bill passed during the recent Session of theLegislature
Legislature of this Colony, entitled;
An Ordinance to Incorporate the Members of the Congregation of
St Andrew's Presbyterian Church, in the City of Victoria,
British Columbia.
Legislature of this Colony, entitled;
An Ordinance to Incorporate the Members of the Congregation of
St Andrew's Presbyterian Church, in the City of Victoria,
British Columbia.
2. The objections raised by the Attorney General appear to me
so formidable that I refer the matter for Your Lordship's instructions.
I
Minutes by CO staff
Sir F. Rogers
Without assenting to all the criticisms of the Attorney General upon the Ordinance I should be disposed to instruct the Governor not to assent to it.
Without assenting to all the criticisms of the Attorney General upon the Ordinance I should be disposed to instruct the Governor not to assent to it.
It appears to me that the real objects of the Congregation can
be effected by a Trust Deed, when taken in connexion with the
Religious Institution Ordinance 1859 (Sent on herewith 5582),
and that it is not desirable to incorporate by
Legislation these different religious societies.
In 1868 we disallowed a B. Col. Ordinance to incorporate the
Society of the Sisters of St Ann (9935/68 sent on herewith).
HTH
21.5.69
My own inclination runs rather against the Atty Gen. & Mr
Holland. They ask why should you incorporate—I ask why should
you not. In this country there was
for a long time a kind of
idea that corporate privileges were dangerous—the result of
wh was the maintenance for years & years of a law of
partnership highly advantageous to conveyancers and Chancery
lawyers but simply disgraceful to a community of reasonable beings.
for a long time a kind of
idea that corporate privileges were dangerous—the result of
wh was the maintenance for years & years of a law of
partnership highly advantageous to conveyancers and Chancery
lawyers but simply disgraceful to a community of reasonable beings.
We have got rid of that, & now all persons who wish to carry on
commercial operations in partnership can obtain witht
difficulty the facilities wh attach to a corporate character.
Of course facilities for profitable action always involve some
facilities for mischievous or improper action. But I cannot
myself doubt that as a whole in an intelligent country,
obstacles to organized commercial actionare
are wrong, and in such
a matter the sense of the country will discover and obviate the
risk & utilize the good if left to itself.
are wrong, and in such
a matter the sense of the country will discover and obviate the
risk & utilize the good if left to itself.
I myself wd carry this on to charitable—religious—&
educational matters. If an object is a proper object, or not an
improper object to be effected by the Agency of Trustees, it is
a proper or not an improper object to be effected by the means
of a corporation—and if the object is not improper I think
those who pursue it are likely to be the best judges of what the
mode of proceeding (by trust deed or act of incorporation) will
be most convenient to themselves.
In principle therefore I shd be for authorising the Govr
to assent
to the Bill.
to the Bill.
But no doubt some of the language may be loose—& the
[sominith?] once in may be difficult to eject.
I should be disposed first to send the whole to the Col.
Committee of the Ch of Scotland for obsns.
Then I shd be disposed to tell the Govr that it seemed
that difft decisions had been arrived at in this Office
abt such incorpns that L.G. was disposed to remain in the
earlier (Emmanuel) rather than the later (St Ann's) decision
(herein I differ from Mr H.) and then to suggest such amendments
of detail as appeared to be requisite—observing however that
these were suggested for the sake of the congregation
& that in suggesting them Ld G. must not be
supposed to make himself responsible for the proper working
of what is in effect a private Orde.
Documents enclosed with the main document (not transcribed)
Three printed copies of ordinance not on microfilm.
H.P.P. Crease, Attorney General, to Seymour, 19 March 1869,
reporting on the ordinance as per despatch.
Other documents included in the file
Rogers to Secretary to the Colonial Committee of the Church of
Scotland, 31 May 1869, forwarding copy of the despatch and
soliciting their observations.
Minutes by CO staff
Mr Holland
Should the Atty Genls report be sent—if not omit the Govrs desp as well & send merely the Ordinance?
Should the Atty Genls report be sent—if not omit the Govrs desp as well & send merely the Ordinance?
People in this document
Crease, Sir Henry Pering Pellew
Leveson-Gower, Granville George