Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Musgrave, Sir Anthony to
Wodehouse, First Earl of Kimberley John
18 February 1871, CO 60:43, no. 3467, 138.
Abstract
Musgrave, Sir Anthony to
Wodehouse, First Earl of Kimberley John
18 February 1871, CO 60:43, no. 3467, 138.
Despatch to London.
Minutes (9), Enclosures (untranscribed) (2), Other documents (3).
No. 13
18th February 1871
My Lord,
I have the honor to forward to Your Lordship an authenticated,
and two plain copies of an Act entitled—
An Act to alter and amend the Constitution of this Colony.
The usual Report from theAttorney
Attorney General is annexed.
Attorney General is annexed.
2. I acquainted Your Lordship in my Despatch No 163, of the
22nd December, last that I was aware of a very strong and
general popular feeling in favor of the introduction of
Responsible Government on the Union of this Colony with
Canada, and that after an Address to the Queen for this purpose
should have beenpassed
passed I should think it expedient to introduce
a Bill to effect such enlargement and modification of the
present Legislative body as would permit the introduction of the
desired system. In my Speech on the opening of the Legislative
Session, transmitted in my Despatch No 1 of the 11th January,
I referred to this subject for the purpose of ascertaining the
formalopinion
opinion of the Legislative Council upon the question.
And in reply a Resolution was transmitted to me requesting that
I would submit a Bill "to enlarge the number of representative
Members, excluding
nominated Members from the Council, so as to enable a new
Legislative body, and the form of administration known asResponsible
Responsible Government to come into operation at the first
Session of the Legislature subsequently to the Union of the
Colony with Canada."
passed I should think it expedient to introduce
a Bill to effect such enlargement and modification of the
present Legislative body as would permit the introduction of the
desired system. In my Speech on the opening of the Legislative
Session, transmitted in my Despatch No 1 of the 11th January,
I referred to this subject for the purpose of ascertaining the
formalopinion
opinion of the Legislative Council upon the question.
And in reply a Resolution was transmitted to me requesting that
I would submit a Bill "to enlarge the number of representative
Members, excluding
nominated Members from the Council, so as to enable a new
Legislative body, and the form of administration known asResponsible
Responsible Government to come into operation at the first
Session of the Legislature subsequently to the Union of the
Colony with Canada."
3. The Executive Council agreed with me that it was desirable
to introduce this measure, and that the concession now of what
is desired, and would certainly be successfully striven for
afterUnion
Union if now withheld, would conduce much to the future
tranquillity of the Colony, and facilitate the working of other
impending changes by removing causes of agitation and political
dissatisfaction. I still believe that the system of Responsible
Government is in advance of the development of the Colony, and
that the existing LegislativeConstitution
Constitution would be sufficient
for all local purposes after Union if it were allowed to work
without factious opposition. But, on the other hand, that
opposition would be instant and incessant, and no cordial
support would be rendered outside of the Official circles. And,
moreover, after the concession of so free and full a system of
self-government to the Provinceof
of Manitoba as that bestowed by
the Canadian Act of 32 & 33 Victoria Chap. 3 it would scarcely
be possible to withhold the same confidence from the people of
this Colony.
Union if now withheld, would conduce much to the future
tranquillity of the Colony, and facilitate the working of other
impending changes by removing causes of agitation and political
dissatisfaction. I still believe that the system of Responsible
Government is in advance of the development of the Colony, and
that the existing LegislativeConstitution
Constitution would be sufficient
for all local purposes after Union if it were allowed to work
without factious opposition. But, on the other hand, that
opposition would be instant and incessant, and no cordial
support would be rendered outside of the Official circles. And,
moreover, after the concession of so free and full a system of
self-government to the Provinceof
of Manitoba as that bestowed by
the Canadian Act of 32 & 33 Victoria Chap. 3 it would scarcely
be possible to withhold the same confidence from the people of
this Colony.
4. The Act which I now transmit was very carefully prepared by
the Attorney General in conference with myself, and considered
in Executive Council.It
It has given almost universal
satisfaction and has induced a state of general political
tranquillity even among the busiest of the political agitators.
Another measure is intended to accompany this for the regulation
of Elections, in which will be contained provisions for the
qualification of Voters, Registration,and
and other arrangements
which would be necessary in any case, even if the present
Council were to be retained. And this latter enactment I hope
to forward by the next Mail.
It has given almost universal
satisfaction and has induced a state of general political
tranquillity even among the busiest of the political agitators.
Another measure is intended to accompany this for the regulation
of Elections, in which will be contained provisions for the
qualification of Voters, Registration,and
and other arrangements
which would be necessary in any case, even if the present
Council were to be retained. And this latter enactment I hope
to forward by the next Mail.
5. In selecting the new form of Constitution I have preferred
as a model that of Ontario, namely a single Legislative
Assembly. Accordingto
to my experience a Legislative Council as a
second Chamber answers few useful purposes in a small community,
and none that counterbalance the disadvantages attaching to risk
of collision between the two branches, and to the withdrawal of
many influential members of the Community from seats in the
lower House, which they would otherwise probably holdwith
with
greater public advantage, as the real political work will always
have to be accomplished in the lower Chamber whether the Members
of the second are elected or nominated.
to my experience a Legislative Council as a
second Chamber answers few useful purposes in a small community,
and none that counterbalance the disadvantages attaching to risk
of collision between the two branches, and to the withdrawal of
many influential members of the Community from seats in the
lower House, which they would otherwise probably holdwith
with
greater public advantage, as the real political work will always
have to be accomplished in the lower Chamber whether the Members
of the second are elected or nominated.
6. The number of Representatives has been fixed at Twenty-five,
as the largest which can reasonably be taken in so small a
population. A fewernumber
number is not desirable for the system it
is intended to set in motion, as in proportion to their fewness
will be the probability of decisions upon public affairs being
influenced by personal feelings and corrupt combinations.
number is not desirable for the system it
is intended to set in motion, as in proportion to their fewness
will be the probability of decisions upon public affairs being
influenced by personal feelings and corrupt combinations.
7. The representation I have divided as equally as possible
between the Mainland and Vancouver Island, giving theTwenty-fifth
Twenty-fifth member to the Mainland, which I believe to be the
fair arrangement for the present at all events, although an
attempt was made in the Legislative Council to secure a larger
number of seats for the Mainland. But, in fact, if
representation were to be based strictly on population I believe
the Population of Vancouver Island now to be more numerousthan
than
that of the rest of the United Colony. Although probably that
will be more immediately increased by any stimulus to prosperity
which may follow from Confederation, the employment afforded by
the public works which are proposed, and any development of new
Gold fields of which there is now some promise.
Twenty-fifth member to the Mainland, which I believe to be the
fair arrangement for the present at all events, although an
attempt was made in the Legislative Council to secure a larger
number of seats for the Mainland. But, in fact, if
representation were to be based strictly on population I believe
the Population of Vancouver Island now to be more numerousthan
than
that of the rest of the United Colony. Although probably that
will be more immediately increased by any stimulus to prosperity
which may follow from Confederation, the employment afforded by
the public works which are proposed, and any development of new
Gold fields of which there is now some promise.
8. The Act contains animportant
important provision for the constitution
of the Executive Council (Sec. 3) which would have to be made in
some other manner in the absence of this measure. At present
this body is constituted by the Governor's Commission and the
Royal Instructions, of which the provisions though still
operative in the cases of Colonies likeNewfoundland
Newfoundland remaining
in direct communication with the Colonial Office, will not be
applicable after the Union of British Columbia with Canada. The
arrangement for the already united Provinces have been made in
the Imperial Act of Union, and those for Ontario and Quebec
(Sec. 63) have now been followed andadapted
adapted to this Colony by
this local Act, which will continue in operation on the Union by
the effect of the 14th Article of the terms of Union.
important provision for the constitution
of the Executive Council (Sec. 3) which would have to be made in
some other manner in the absence of this measure. At present
this body is constituted by the Governor's Commission and the
Royal Instructions, of which the provisions though still
operative in the cases of Colonies likeNewfoundland
Newfoundland remaining
in direct communication with the Colonial Office, will not be
applicable after the Union of British Columbia with Canada. The
arrangement for the already united Provinces have been made in
the Imperial Act of Union, and those for Ontario and Quebec
(Sec. 63) have now been followed andadapted
adapted to this Colony by
this local Act, which will continue in operation on the Union by
the effect of the 14th Article of the terms of Union.
9. Sections 38 & 39 contain provisions for a pecuniary
allowance to Members of the Legislative Council during their
attendance, and for paymentof
of their travelling expenses. No
doubt the cost of Government will thus be largely increased, but
I regard the expenditure as necessary. The provision is made in
all the other North American Provinces and can scarcely be
avoided here, where indeed it will be more required in order to
induce eligible persons to come forward as representatives of
distantdistricts
districts who would otherwise be deterred by the expense
of travelling and residence at the Seat of Government during the
Session being added to the inconvenience of absence from their
usual places of business and abode.
of their travelling expenses. No
doubt the cost of Government will thus be largely increased, but
I regard the expenditure as necessary. The provision is made in
all the other North American Provinces and can scarcely be
avoided here, where indeed it will be more required in order to
induce eligible persons to come forward as representatives of
distantdistricts
districts who would otherwise be deterred by the expense
of travelling and residence at the Seat of Government during the
Session being added to the inconvenience of absence from their
usual places of business and abode.
10. Your Lordship will not fail to observe that this Act
contains a suspending clause(Sec.
(Sec. 47) which provides that it
shall not come into operation until Her Majesty's assent has
been given, nor then until a date to be fixed by the Governor by
proclamation. But this date must be one prior to that of the
Union in order that the Act should form part of the Law of the
Colony at the time of admission. It is not intended,or
or
desirable that the Queen's assent should be given unless the
Union of the Colony with Canada has become certain within a
specified time. In the very improbable event of the occurrence
in Canada, or in England of any obstacle to the speedy
accomplishment of the Union, I do not recommend this Act for
confirmation, andit
it can be laid aside until the time is right
for its application.
(Sec. 47) which provides that it
shall not come into operation until Her Majesty's assent has
been given, nor then until a date to be fixed by the Governor by
proclamation. But this date must be one prior to that of the
Union in order that the Act should form part of the Law of the
Colony at the time of admission. It is not intended,or
or
desirable that the Queen's assent should be given unless the
Union of the Colony with Canada has become certain within a
specified time. In the very improbable event of the occurrence
in Canada, or in England of any obstacle to the speedy
accomplishment of the Union, I do not recommend this Act for
confirmation, andit
it can be laid aside until the time is right
for its application.
Minutes by CO staff
Mr Dealtry
Pray pass on with observations you may have [to] make. B. Columbia will now soon pass from my hands to yours.
Pray pass on with observations you may have [to] make. B. Columbia will now soon pass from my hands to yours.
Mr Holland
The Legislature of B. Columbia have passed an Act—it has a suspending Clause—for the introduction of Responsible Govt—which however it is not proposed should have effect except the Union with the Dominion of Canada should take place.
The Legislature of B. Columbia have passed an Act—it has a suspending Clause—for the introduction of Responsible Govt—which however it is not proposed should have effect except the Union with the Dominion of Canada should take place.
I pass this on without any observations as you may suppose, not
having had any acquaintance with the proceedings connected with
the union of the North American Provinces.
See minutes on 1207.
CC
12 April
WD
13/4
Sir F. Rogers
I do not see any objection to the provisions of
this Act, but I
think it ought to be sent to Lord Lisgar & to be brought under
the consideration of his Ministers, so that we may be sure that
no objection will be raised by them. The preamble of the
Act—reciting one of the Forms agreed upon—shews that it was not
expected by Canada that Responsible Govt would be introduced
before the Union & though there is nothing in the actual wording
of the Address to prevent this change being carried out, it
might be said to be against the spirit of the Address to effect
such a change just before the Union.
I do not see any objection to the provisions of
this Act, but I
think it ought to be sent to Lord Lisgar & to be brought under
the consideration of his Ministers, so that we may be sure that
no objection will be raised by them. The preamble of the
Act—reciting one of the Forms agreed upon—shews that it was not
expected by Canada that Responsible Govt would be introduced
before the Union & though there is nothing in the actual wording
of the Address to prevent this change being carried out, it
might be said to be against the spirit of the Address to effect
such a change just before the Union.
It would perhaps be sufficient to telegraph to Lord Lisgar that
an Act had been passed in B. Columbia establishing responsible
Govt there, similar to that in Ontario. The Act to be
construed after the Union as subject to the provisions of the
B.N. America Act and ask him to telegraph back whether his
ministers object to the confirmation of this Act.
HTH
14/4
This Act is not intended to be brought into operation unless the
Union takes effect. The confirmation therefore does not press.
If the B. Columbians had desired that it should be confirmed at
once, it seems to me that this might properly have been done
witht consulting Canada, seeing that Canada expresses
herself ready to acquiesce
to responsible Govt when it is desired. But as the matter is
necessarily delayed I should send a copy to Lord Lisgar stating
that Lord K proposes to advise the confirmation of the Act
so soon as the terms of Union are finally arranged but that he
will delay this step until there is time to receive a
telegraphic answer to this dph, in case the Canadian Govt
should have any objection to make to the confirmation.
FR
15/4
Documents enclosed with the main document (not transcribed)
Three printed copies of act not on microfilm.
George Phillippo, Attorney General, to Musgrave, 22 February
1871, reporting on the act as per despatch.
Other documents included in the file
Minutes by CO staff
A mail goes to Canada this Thursday. I have therefore drafted
for consideration. See minutes on 3467.
HTH
17/4
Would it not be safest to ask Lord Lisgar by telegraph whether
the Canadian Govt have any objection to confirmation?
Other documents included in the file
*
Other documents included in the file
*
Kimberley to The Lord President, 12 May 1871,
forwarding copy of the act and recommending that it be submitted
to the Queen in Council for confirmation.