No. 7, Legislative
4 March 1863
My Lord Duke,
I have the honour to inform Your Grace that the Legislature of
Vancouver's Island was prorogued on the
27th Day of February and on
the following Day I issued a Proclamation dissolving the House of
Assembly, whose legal powers, limited by the "Franchise Act
1859"
to
a period of three years, expired with that date.
2. I herewith, transmit a copy of my Speech to the Legislature on
its Prorogation and also a Table of all the Acts passed during the
Session.
3. The Estimates were not materially altered in amount, in their
passage through the House, and fully provide for the proposed
expenditure of the year. The aggregate vote of the House, including
the sum of $180,600 Dollars granted for public works; the extinction
of Indian Titles to public land, and for a sinking fund and payment
of annual interest on the Loan, amounts to $297,059 53/100 Dollars.
The remainder of the vote about $116,460 Dollars is intended to
defray the ordinary expenses of the Government.
4. It is proposed to meet that expenditure by means of the ordinary
revenue of the Colony, which with the additional taxes imposed last
Session, is estimated, as shewn in the accompanying statement, at
$151,708.00 Dollars, leaving a deficit of $145,351.00 Dollars as
compared with the proposed aggregate Expenditure, to be provided for
out of the public loan of $40,000 sanctioned in Your Grace's Despatch
of the 18th December 1862—No. 122.
5. I, herewith, transmit the
Supply Bills—three in Number—and I
will forward copies of the other Acts as soon as they come from the
Printer—the work being greatly delayed by a deficiency of Type.
I have the honor to be
My Lord Duke,
Your Grace's
Most obedient Servant
James Douglas
Minutes by CO staff
Sir F. Rogers
Governor Douglas gives us but very jejune and by no means lucid
accounts of his financial transactions. I believe however that we
may venture with propriety
to to acquiesce in the present Appropriation
Act.
He was empowered to raise a loan of £40,000 (say $200,000) for Harbor
and Roads. His present report shows a deficiency of $145,000, to be
paid out of the loan, but then the deficiency is occasioned by Harbor
works and roads to which the loan is legitimately applicable.
It is true that at the very same moment we have cognizance in the
Office of Bills drawn by
Governor Douglas for some £7,500 against the
loan, but then these Bills may be and probably are his means of
getting to the Colony for defraying the current expenditure on works
the money which has been raised for that purpose in England.
For these reasons it seems to me, although feeling only moderate
confidence in
Governor Douglas's finance, that the present estimates
may be considered as free from objection on the surface, and that the
Act may be passed accordingly.
I am aware of no legal objection to these Acts—But
1. I observe that the salaries of the Governor &c are not to be
charged
on the General Revenue till the Land Fund is handed over to
the Legislature.
I presume that these Salaries are at present paid from the Land Fund.
2.
Gov. Douglas will not take care that the Acts are sent home in
proper form. Whatever is done as to the substance of these Acts I
wd send a separate dph—pointing out that the acts themselves are
not numbered, that the clauses of the acts are not numbered that (in
spite of previous correspondence on this subject) they are not
accompanied by any marginal abstract, nor by any report from the Atty
General—and I would say that
Gov Douglas will take care that the
rules established for the transaction of business with this
department are attended to.
Documents enclosed with the main document (not transcribed)
Newspaper clipping containing copy of the speech given by
Douglas to
the Legislative Assembly to prorogue parliament,
27 February 1863, as
per despatch.
"Table of Acts passed during the Session ending 27th of February
1863," nine in total.
"Abstract of the Probable Revenue of the Colonial Government of
Vancouver Island for the Year
1863," showing a total of $151,708
(£31,280).
Other documents included in the file
Minutes by CO staff
Sir F. Rogers
Are the three Appropriation Acts accompanying this
desph to be left
to their operation? To Two of them 76 and 77 I think this course is
unobjectionable, as you see no legal objection to them: but with
respect to 75 I
shd wish to observe that it contains a proviso that
the salaries shall not be charged to the general revenue until the
Crown Lands have been
given up to the L
re. Now this exchange has
not yet been effected. Indeed I am preparing a mem
n on this subject
for His Grace. Pending the settlement of this question will it not
be better to take no notice of the Act (75) which contains a condition
calling for remark if not action.
I shd say take no notice for the present of No 75.
Other documents included in the file
*
Newcastle to the Lord President,
10 June 1863, submitting Acts No.
65, 70, 76 and 77 to the Queen in Council and recommending that they
be left to their operation.
Minutes by CO staff
N.B. Despatch to be written to Govr on Act No. 70 when Order in C.
is received.