No. 73, Legislative
               
            
            
               25 November 1861
               
            
            
               I have the honour to transmit herewith, four Acts intitled as
               follows, viz
t—
               
               
               1.  "The Alien Act 
1861."
               
               
2. An
               2.  "An Act for the Confirmation of the Titles of Aliens to
               Real Estate 
1861."
               
               3.  "An Act to Enable Aliens to hold Real Estate 
1861."
               
               4.  "The 
Vancouver Island Civil Procedure Act 
1861."
               
               
               2.  The provisions of the first three Acts defining the position of
               aliens in the Colony of 
Vancouver Island, are not materially
               different
from
 from the Alien Act approved by Her Majesty's Government
               and now in force in the Colony of 
British Columbia; they are also in
               accordance with the instructions received in 
Secretary Sir E. Lytton's Despatch N
o 20 of the 
11th of February 1859; I therefore
               thought it incumbent upon me to give Her Majesty's Assent to them
               without delay, in order to quiet the public mind and to remove a
               mischievous feeling of distrust
which
 which had been rapidly gathering
               strength with respect to the rights of aliens in this Colony.
               
               3.  I enclose a report from the Attorney General on the character and
               object of these Acts; and I would also inform Your Grace that many
               reasons of sound policy render their immediate passage of vital
               importance to the Colony.
               
            
            
               4.  A great deal of capital has been invested by aliens in the
               purchase
of
 of land in and about 
Victoria, and it was generally believed
               in consequence of an official announcement issued in 
1858, declaring
               the legal position of aliens, that those persons were entitled to hold
               land for three years only, unless then declared to be British
               subjects; consequently most of them were preparing to sell their
               interest within the present year, and to withdraw from the Colony,
               though,
otherwise,
 otherwise, if secured in their rights, they did not desire to
               sell their property.
               
               5.  I may also state that there is reason to believe that the attention
               of many Capitalists, especially among the British, French and German
               residents of 
San Francisco, is now being directed to this place; the
               present political troubles in the United States, a prospect of
               increased taxation,
and
 and the present high prices of Real Estate in 
San
                  Francisco, all tending to direct enquiry towards this point, as a
               favourable one in which to make investments. The notification then,
               at this time, that all restrictions on aliens holding property in this
               Colony, are removed, will doubtless have a most beneficial effect.
               
               6.  I observe that the Government of Canada, influenced no doubt by
               the
same
 same motives, have lately offered very liberal bounties of land
               and other inducements to those persons who are being driven across
               the borders by the troubles in the United States.
               
               7.  One very disastrous effect produced by uncertainty in regard to
               alien titles, is the check it gives to improvement.  An alien may be
               willing to hold a piece of land with the prospect of its increasing
in
               in value soon, but he will not, with an uncertain tenure, invest
               capital in the erection of substantial buildings, or other permanent
               improvements.  Another evil resulting from that uncertainty is that
               the alien does not identify himself with the interests of the
               country, nor actively contribute towards its sure and healthy
               development.  He may perhaps aid in creating a speculative demand in
               order to sell his property
to
 to advantage, but he does not care to
               assist plans which require years to mature, when he may be called on
               any time to part with property which he holds only by sufferance.
               
               8.  There are many other points which I might allude to in connection
               with the subject, but most of them will doubtless occur to Your Grace.
               
            
            
               9.  As there still exists a feeling of distrust and
uncertainty
 uncertainty as to
               whether these Acts will meet with Her Majesty's approval, I have to
               beg the favour of Your Grace's early reply to this Communication, in
               order that the question may be set at rest.
               
               I have the honor to be
               My Lord Duke,
               Your Grace's most obedient
               and humble Servant
               
James Douglas
               
               Minutes by CO staff
               
                
                  
                  
                  
                  
                  
                  
                  
                     Duke of Newcastle
                     These laws are important.  They provide that any alien may demand
                     naturalization after 3 years residence, not having been convicted of
                     a felony in any foreign country—that titles heretofore derived
                     through aliens shall not be questioned on that account & that aliens
                     may for the future hold Land—Naturalized persons are not to be
                     members of the Leg
e or Ex
ve Councils.
                     
 
                  
                  
                     The most unusual provision is that 
wh enables aliens to hold land.
                     If that is considered objectionable the Act N
o 40 
shd be disallowed
                     & 38 modified

 so as merely to say the titles
                     
derived through aliens; leaving the aliens own title, at any
                     rate if hereafter acquired, in its original invalidity.
                     
                     But I am inclined to think that the circumstances of 
VanCouvers Island make it a wise policy to give every encouragement to the
                     settlement of foreigners.  They
                     
will enter this country & will be discontented instead of
                     contented if they cannot acquire land without 3 years residence.
                     
                     I should therefore be disposed to sanction all these Alien Acts.
                     
                  
                  
                     There is no objection to the Common Law Procedure Act.
                     
                  
                  
                     Sanction Nos 38, 39, 40, 41?
                     
                  
                  
                   
               
               
                  
                  
                     It is almost certain that more Foreigners

 than British subjects will
                     for the present resort to 
Vancouvers Island for purposes of trade
                     connected particularly with 
British Columbia.  If we facilitate
                     Naturalization and acquisiton of land I believe the larger part of
                     them will become contented Subjects—if we refuse these advantages
                     they will remain in the Island but be dissatisfied Aliens with no
                     bond of attachment to the Colony and the ready instruments of
                     intrigue in times of war or danger.  I would therefore sanction these
                     Acts.
                     
 
                
            
            
               Documents enclosed with the main document (not transcribed)
               
               
                  
                  
                     Four Acts, as per despatch, not on microfilm.
                     
                   
               
                
                  
                  
                     Attorney General 
George Hunter Cary to Colonial Secretary, 
24
                        November 1861, reporting favourably on the four acts in question.
                     
 
                  
                  
                     Extract, official announcement declaring the legal position of
                     aliens, "originally forwarded in 
British Columbia Despatch N
o 38
                     of the 
29th November 1858."
                     
 
                  
                  
                     Newcastle to The Lord President, 
19 February 1862, forwarding the four
                     acts and asking that they be submitted to 
the Queen in Council and
                     recommending them for approval.