Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, Sir James to Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes 11 April 1853, CO 305:4, no. 6979, 20.
Abstract
Despatch to London.
Minutes (6), Enclosures (untranscribed) (1), Other documents (3), Marginalia (3).
Douglas writes to Newcastle on the subject of the nascent government on Vancouver Island. Douglas lists four new "Magistrates," then reports on, among other points, judiciary matters,
alcohol costs and licence duties, and the appointment of John Work to Council.
In the tangle of minutes, Blackwood focuses on magisterial appointments, concerns around judical infrastructure, and
the validity, or not, of Douglas’s alcohol-licence duties. The remaining minutes address much of the same, with the
highlight of Merivale’s opinion that Douglas’s tax on licences is illegal under the “ordinary principle[s]” of “British colony
taxation.”
Of the four documents included with Douglas’s despatch, the first is a draft replay, from Newcastle to Douglas; the second is a draft letter, from the Colonial Office to the “Lord President,”
that asks that John Work's name be submitted to the Queen in Council for appointment; the third document is a draft reply, from Newcastle to Douglas, that transmits a warrant for John Work’s appointment; and the fourth and final document is an extract from the minutes of
the Vancouver Island council.
No. 5
I have been lately engaged with the aid and advice of Council, in
carrying into effect certain measures for the better Government of this
Colony, and I have now the honor of transmitting to your Grace, minutes
of those proceedings.
2. The first measure recorded in the Minutes, is the appointment
of the following persons as resident Magistrates in each of the several
Districts of this Colony, except Soke, where there is no person
qualified in pointof
of character or education to fill the office vizt
Edward Edwards Langford
Thomas James Skinner
Kenneth McKenzie
Thomas Blenkhorn [Blinkhorn]
of character or education to fill the office vizt
Edward Edwards Langford
Thomas James Skinner
Kenneth McKenzie
Thomas Blenkhorn [Blinkhorn]
Pending Her Majesty's approval of those appointments I have issued
to each of those gentlemen severally, an acting commission, as
Magistrate, and Justice of the Peace, under which they will exercise the
Powers belonging to that office, until a regular Commission of the Peace
is received from England.
3. Your Grace will observe by the accompanying Minutes, that we
have decided on dispensing, in the appointment of Justices of the Peace,
with the qualification as to estate, required by the Act of Parliament,
and that we have also authorised the said Magistrates to make a charge
for their services, in all civil cases only, at the rate of twenty
shillings a day, to be paid by the parties at issue, as part costs of
suit, the reason in both cases for doing so being theabsence
absence of a
wealthy class, who might afford to devote their time gratuitously to the
public service.
absence of a
wealthy class, who might afford to devote their time gratuitously to the
public service.
4. The measure that next occupied the attention of Council was the
imposition of a Licence duty on Inns, Ale and Beer Houses, within the
Colony.
The duty on such Licences will appear to your Grace, unusually
large, as compared with the Licence duties charged in England, but that
impression will be modified, when I inform your Grace, that neither
customs nor excise duties, nor any public burdens whatever are borne by
the Colonists of Vancouver's Island, and the keepers of Licenced houses,
nevertheless, make the exhorbitant charge of seven pence halfpenny, for
a half gill glass of inferior American Whiskey, which they purchase at
about five shillings a gallon.
By a return received from the Collector of this Port it appears
that the imports of spirituous liquors for the six months, ending on the
1st day of April last was 4143 Gallons. Of that quantity 1440
Gallons were imported by the Hudson's Bay Companyfor
for the use of their
Ships and establishments, and also for the occasional demands of Her
Majesty's Ships visiting this coast.
for the use of their
Ships and establishments, and also for the occasional demands of Her
Majesty's Ships visiting this coast.
Taking off that quantity none of which is sold to residents of this
Colony, there remains 2703 Gallons of spirits, expended in three
Licenced Ale Houses at this place, giving a monthly expenditure of 474
Gallons, which valued at the retail price of sevenpence half penny the
glass, or Two pounds sterling a Gallon, gives the monthly sum of £948 or
£11.376, per annum, expended by the labouring classes in the purchase of
intoxicating drinks.
The Council coincided with me in opinion as to the propriety of
taxing the owners of those houses in the only possible way within our
power, and deverting a part of their ill gotten wealth to the benifit of
the Colony.
5. That measure was fiercely opposed by the whole body of
publicans, aided by Mr James Cooper, a member of the Council, and
unfortunately for his own credit, and the public good, proprietor of one
of thelicenced
licenced houses,
and by other parties, who are preying upon the vitals of the Colony,
exhausting its wealth, and in return, importing from the American
Settlements, unwholesome drinks which are ruinous to the morals of the
people and the prolific source of poverty and crime.
licenced houses,
This is Captn Kuper's Correspondent. [HM]
The measure was however approved by all the better classes, and was
carried notwithstanding the excitement and senseless outcry made against
it by interested parties.
6. I do not suppose that the Duty on Licences, will put a stop to
intemperance, but it will prove a check to a certain degree, and at
least, deprive the tippler of a part of the means, he so unprofitably
squanders, and that part will be applied to the erection of schools, and
other useful institutions, to counteract in some measure the effects of
his evil example.
This must be secured.
7. The appropriation of the sum of £500, made for the erection of
a School housewill
will be paid from the Trust fund, the Hudson's Bay
Company having placed the sum of £2000 at the disposal of the Governor
and Council for Colonial purposes.
will be paid from the Trust fund, the Hudson's Bay
Company having placed the sum of £2000 at the disposal of the Governor
and Council for Colonial purposes.
8. I have only further to remark in reference to the Minutes of
Council now forwarded, that I have appointed John Work Esqre a
gentleman of probity and respectable character, and the largest land
holder on Vancouver's Island, to be a Member of Council until Her
Majesty's pleasure thereupon is made known.
The Right Honble His Grace the Duke of Newcastle
Her Majesty's principal Secretary of State
For the Colonial Department
Her Majesty's principal Secretary of State
For the Colonial Department
Minutes by CO staff
Mr Merivale
1. Should the appointment of these Magistrates be approved? It seems to me that "a regular Commission of the Peace from England" is not necessary, the Govr having power to appoint Justices. Perhaps he means that we shd send him a form of appointment.
1. Should the appointment of these Magistrates be approved? It seems to me that "a regular Commission of the Peace from England" is not necessary, the Govr having power to appoint Justices. Perhaps he means that we shd send him a form of appointment.
2. The circes of V.C. Island will justify a slight obliviousness
of the Act of Parlt in respect to the qualification of
Justices of the Peace. But I suppose the departure from the terms of the Law must
not be approved, though it may be left unnoticed.
Justices of the Peace. But I suppose the departure from the terms of the Law must
not be approved, though it may be left unnoticed.
Payment to the Magistrates seems unavoidable.
3. I see that you rather doubt the authority of the Governor and
Council to impose this license duty: (Vide 6314) but on referring to
the R Commission & Instructions I do not perceive any prohibition
against the levying of taxes by these Authorities. If the establishment
of a Representative Assembly has to be waited for in this place before
money can be raised it will be a long time before the ways & means will
be found to enable the Colony to pay its' way. It is at present a
burthen on the H.B. Company. But positive permissive power to raise
money may be essential, & the absence of a prohibition insufficient.
4. Approve the provisional appointment of Mr Work as a Member
of Council, and send out a Warrant for him?
ABd
8 July
Mr Smith
As to the first points I apprehend the Govr is in error in supposing any commission from the Crown to his Justices to be necessary?
As to the first points I apprehend the Govr is in error in supposing any commission from the Crown to his Justices to be necessary?
HM
Jy 11
I apprehend that there must be a Commission from the Crown—but
issued through the Governor—not from home.
PS
12 July
I meant a Commission from home but expressed myself inaccurately.
The Governor to be so instructed, & I think a precedent of a
commission would be of use to him.
There is no occasion for him to maintain the qualification of
estate, & he may be so informed.
Mr Work to be appointed a member of Council?
As to the tax on licenses, I fear it is illegal. At least the
ordinary principle is that in a British colony taxation can only take
place through representation: & the constitution of Vanc. I. provides
for an assembly, though none has been summoned as yet. The only doubt
which has occurred to me is whether the levying [of] such a tax might
not be justified as a simple measure of policy though I fear this might
be an erosion of the principle. This is the way in which the Governor &
Council put it. I am inclined to think an opinion might be taken on
this point, at all events before any approval of the measure is
expressed, and that in the mean time the remainder of the desp. might be
answered, promising farther instructions.
Other documents included in the file
Other documents included in the file
Draft, Colonial Office to The Lord President, 29 September 1853,
asking that John Work's name be submitted for approval to the Queen in
Council for appointment to the Council of Vancouver Island.
Other documents included in the file
*
Documents enclosed with the main document (not transcribed)
People in this document
Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes