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 25 January 1860, CO 305:14, no. 2760, 10.
Abstract
Douglas, Sir James to Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes 25 January 1860, CO 305:14, no. 2760, 10.
Despatch to London.
Minutes (7).
No. 4
25 January 1860
With reference to my Despatch No 63 of the 17th of December last,
Communicating for Your Grace's information, that by a recent
Proclamation, the House of Assembly had been dissolved, and that
Writs for another election would issue
issue without delay; I have now
further to inform Your Grace with reference to the Same Subject, that
the intention expressed in that Despatch was duly carried into
effect; the Writs for the new election having issued forth on the
30th of December.
issue without delay; I have now
further to inform Your Grace with reference to the Same Subject, that
the intention expressed in that Despatch was duly carried into
effect; the Writs for the new election having issued forth on the
30th of December.
2. The Elections have Since taken place, and returns been received
from all the Districts Except that of Nanaimo, shewing the election
of the following Members for the House of Assembly.
Victoria Town Geo. H. Cary Esqre, Attorney General
Selim Franklin, Esquire
Victoria District Wm F. Tolmie, Esquire
H.P.P. Crease, Esquire
Alfred Waddington, Esquire
Esquimalt
Esquimalt Town
Geo. T. Gordon, Esquire
Esquimalt District Jno Helmcken Esquire
James Cooper, Esquire, Harbor Master
Sooke District W.J. Macdonald, Esquire
Salt Spring Island District J.J. Southgate, Esquire
Lake District George Foster, Esquire
Saanich District1 John Coles, Esquire
Nanaimo District no return received
Victoria Town Geo. H. Cary Esqre, Attorney General
Selim Franklin, Esquire
Victoria District Wm F. Tolmie, Esquire
H.P.P. Crease, Esquire
Alfred Waddington, Esquire
Esquimalt
Esquimalt Town
Geo. T. Gordon, Esquire
Esquimalt District Jno Helmcken Esquire
James Cooper, Esquire, Harbor Master
Sooke District W.J. Macdonald, Esquire
Salt Spring Island District J.J. Southgate, Esquire
Lake District George Foster, Esquire
Saanich District1 John Coles, Esquire
Nanaimo District no return received
3. There was a close canvas and a keen contest in nearly every
District represented, and it is gratifying to observe that the
returns exhibit the names of so many of the most intelligent and
respectable gentlemen in the Colony.
4. The House will meet on
on the 21st day of February next, and it is
my intention to bring forward at an early period of the session, the
question of providing for the Civil List of the Colony; and also to
ascertain the sense of the House with respect to the disposal and
application of the proceeds arising from the Sale of Crown Lands,
which it may be advisable to transfer to the Colony, provided the
Legislature undertakes to defray all the expenses of Government.
on the 21st day of February next, and it is
my intention to bring forward at an early period of the session, the
question of providing for the Civil List of the Colony; and also to
ascertain the sense of the House with respect to the disposal and
application of the proceeds arising from the Sale of Crown Lands,
which it may be advisable to transfer to the Colony, provided the
Legislature undertakes to defray all the expenses of Government.
5. All such questions will, however, be reserved
reserved and Submitted for
the decision of Her Majesty's Government, which may be assisted by
knowing the wishes and intentions of the Colonial Legislature.
reserved and Submitted for
the decision of Her Majesty's Government, which may be assisted by
knowing the wishes and intentions of the Colonial Legislature.
I have etc.
Minutes by CO staff
I see among the list of members elected the name of James Cooper
"Harbour Master." This I think was the gentleman whom Sir EB Lytton
appointed to a higher office, and then found 
that he had left the
island in a quarrel with the HB Co & owing them money. With this of
course we have nothing to do. But if I am not wrong, he was
ultimately appointed harbour master in
British Columbia, not in the island, and is one of the officers
paid by the British Treasury on whom Govr Douglas was directed to
[inculeah?]
the duty of residence. I do not like to detain this despatch, which
(with 2761) relates to matters of more importance, but it may be as
well to see to this point afterwards.
that he had left the
island in a quarrel with the HB Co & owing them money. With this of
course we have nothing to do. But if I am not wrong, he was
ultimately appointed harbour master in
British Columbia, not in the island, and is one of the officers
paid by the British Treasury on whom Govr Douglas was directed to
[inculeah?]
the duty of residence. I do not like to detain this despatch, which
(with 2761) relates to matters of more importance, but it may be as
well to see to this point afterwards.
Unless I am very much mistaken the Member for Esquimalt
Town is a Gentleman who left this Country about three years ago
under very disreputable circumstances.
N
28
Mr Elliot
It may perhaps not be thought expedient to take any active measures on the subject at present, but it devolves on me to call attention to the fact that Mr Cary, the Attorney General for B. Columbia, has
as
well as Mr Cooper, been elected a Member of the Ho: of Assembly of
VanCouver Island. The Sessions of the V.C.I. Legislature will
doubtless be short, & no great deal of business transacted in them.
It is likewise advantageous to have an English Gentleman and a Lawyer
in the Lower, or the Upper House there. But those duties are not
consistent with his Office of Attorney Genl of B. Columbia to which
Colony all the Officials, Mr Cary included, have been ordered to
betake themselves—nor can he very well escape going there since the
Judge was on the point (Governor's desph 26 Jany/60) of taking up
his residence in the Colony. We have also to recollect that this
Country is paying for the services of an Att Genl for B. Columbia,
whilst there can be very little doubt that he is doing the work of a
Crown Law Officer in V. Couver Island at our expense, when those
services shd be paid for by the Legislature of this Latter place.
It seems to me that properly neither Mr Cary, nor Mr Cooper, ought
to hold seats in the Assembly of V.C. Island, & that they shd be
required to remove to B. Columbia, but I also think that they are
probably rendering more service to the public in a general way where
they are, & that it would on the whole be better to take no notice of
the fact of their elections until some cogent reason, or emergency
exists for depriving them of their Seats, & enforcing residence in the
Colony to which they are accredited.
It may perhaps not be thought expedient to take any active measures on the subject at present, but it devolves on me to call attention to the fact that Mr Cary, the Attorney General for B. Columbia, has
as
well as Mr Cooper, been elected a Member of the Ho: of Assembly of
VanCouver Island. The Sessions of the V.C.I. Legislature will
doubtless be short, & no great deal of business transacted in them.
It is likewise advantageous to have an English Gentleman and a Lawyer
in the Lower, or the Upper House there. But those duties are not
consistent with his Office of Attorney Genl of B. Columbia to which
Colony all the Officials, Mr Cary included, have been ordered to
betake themselves—nor can he very well escape going there since the
Judge was on the point (Governor's desph 26 Jany/60) of taking up
his residence in the Colony. We have also to recollect that this
Country is paying for the services of an Att Genl for B. Columbia,
whilst there can be very little doubt that he is doing the work of a
Crown Law Officer in V. Couver Island at our expense, when those
services shd be paid for by the Legislature of this Latter place.
It seems to me that properly neither Mr Cary, nor Mr Cooper, ought
to hold seats in the Assembly of V.C. Island, & that they shd be
required to remove to B. Columbia, but I also think that they are
probably rendering more service to the public in a general way where
they are, & that it would on the whole be better to take no notice of
the fact of their elections until some cogent reason, or emergency
exists for depriving them of their Seats, & enforcing residence in the
Colony to which they are accredited.
See 12495/59 and 2831/60.
ABd
19 April
Duke of Newcastle
As far as Mr Coopers character is concerned, we cannot wonder at its being considered good enough for the Assembly, if it is good enough for a public functionary of the Crown. As to the non-residence in B. Columbia of B.C. officials, you appear to have thought that the Governor's respresentatives (in 2831) justified the toleration of it for the present and undoubtedly,
in the cases dwelt upon by the
Govr, their separation from him, there being no Lt Govr
of B.C., would be very inconvenient. At all events, as long as this
non-residence is tolerated, the election of two of the B. Columbian
officials to seats on the Assembly can make little or no difference.
As far as Mr Coopers character is concerned, we cannot wonder at its being considered good enough for the Assembly, if it is good enough for a public functionary of the Crown. As to the non-residence in B. Columbia of B.C. officials, you appear to have thought that the Governor's respresentatives (in 2831) justified the toleration of it for the present and undoubtedly,
in the cases dwelt upon by the
Govr, their separation from him, there being no Lt Govr
of B.C., would be very inconvenient. At all events, as long as this
non-residence is tolerated, the election of two of the B. Columbian
officials to seats on the Assembly can make little or no difference.
CF
20
It is not desirable to notice the circumstances at present.
N
22
Footnotes
- It is unclear, here, whether Douglas refers to South or North Saanich districts, or if he has conflated them into one district in this context. See this map, from 1860, which shows the separate Saanich districts.