No. 3, Legislative
               
            
            
               12th February 1864
               
               My Lord Duke,
                
            
            
               The Legislative Assembly has, for some days past, been employed on
               the Estimates; and as suggested in my report of the 
15th January
                  last, "Separate" has taken exception to the amount required to meet
               the Civil list proposed in Your
Graces
 Graces Despatch "Separate" of the
               
15th day of June 1863, on the ground that it is disproportionate to
               the means of the Colony.
               
               That decision was communicated to me in a Resolution received from the
               Speaker of the Legislative Assembly with a request that I would
               transmit, as I have now the honor of doing, a copy of the same to
               Your Grace.
               
            The 
            
            
               2.  The Assembly set forth, in this Resolution, as the reasons which
               have induced them to decline the proposed Civil List, the inadequacy
               of the present Revenue to meet the ordinary expenses of the colony,
               and the cost of the various public undertakings essential to its
               progress; the smallness of the white population and their inability
               to bear a larger measure of taxation for the increase of Revenue; the
very
               very moderate sum say £4500 realized in 
1863 from the Sale of Crown
               Lands, and the probability that in future years the revenue from that
               source may be less.
               
               The Assembly moreover declares, as its deliberate opinion, that the
               "absolute separation" of the Colonies will be injurious to both; at
               the same time, however, it "deems the amalgamation of the Colonies at
               the present time "unadvisable"
if
 "if not impossible", and is of opinion
               that "an intimate connexion" may be maintained by having one civil
               establishment for the two Colonies.
               
               The House, for these reasons, urges that there should be "but one
               Civil establishment, as far as practicable, for both Colonies" and
               adds that it is prepared in that case, to vote a sum "equal to one
               third of the Salary now voted by 
British Columbia", as a Salary, from
               
Vancouver Island,
for
 for Officers serving both Colonies.
               
               3.  Having thus briefly stated the views entertained by the
               Legislative Assembly of 
Vancouver Island, with respect to the future
               Government of the two Colonies as set forth in the Resolution now
               forwarded, I will take the liberty of remarking that I fully coincide
               with the opinions expressed in this Resolution, both as against the
               fusion of the
two
 two Governments into one, and the absolute separation
               of the two Colonies by the appointment of a Governor for each
               Colony.
               
               I also concur in the opinion of the Assembly on another point—that
               there should be "but one Civil Establishment as far as practicable",
               but I am not disposed to extend that limit beyond the Governor
and
 and
               Colonial Secretary; with these exceptions I believe all the other and
               subordinate Officers now employed in both Colonies are indispensably
               necessary for the proper and efficient discharge of the duties of
               Government.  These points however virtually embrace the whole
               question—for these being conceded, there would be no difficulty in
               providing Salaries for all the other
Officers
 Officers designated in Your
               Graces despatch.  This would in substance amount to the continuance
               of the present system of Government, which has grown up naturally out
               of the existing circumstances and conditions of the Colonies, and may
               for that reason, be presumed to be better adapted to their wants than
               any untried system that could be devised.
               
 
            
            
               4.  I would therefore strongly recommend to Her Majesty's Government,
               that but one Governor should still continue to represent the Crown in
               both Colonies, and that there should be but one Colonial
               Secretary—both these Officers to be maintained at the joint cost of
               the two Colonies, while all the other public Officers should be at the
               exclusive cost of the Colony employing them.
That
               That the Colonies should each have its own separate Legislature, make
               its own Laws; raise and apply its own Revenue, as at present, for its
               individual benefit.  That the principal Seat of Government should
               continue to be at 
Victoria—as the most convenient and accessible
               place for communication with other Countries, and that the services
               of the Colonial Secretary who would reside
there
 there, should thus be made
               available in administering the Government of 
Vancouver Island, during
               the frequent absence of the Governor in 
British Columbia.
               
               This plan would involve no violent changes of system, which are
               always to be deprecated; would secure an ample Salary, adequate to
               the position, for the Governor
of
 of the Colonies; would unite the
               utmost practicable economy with efficiency of administration; would
               prevent discord and the clashing of local interests, and would I
               believe give very general satisfaction to the people in both
               Colonies.
               
               I have the honor to be
               My Lord Duke
               Your Graces most obedient
 
               Humble Servant
               
James Douglas
               
               Minutes by CO staff
               
                
                  
                  
                     Mr Elliot
                     The contents of this despatch do not at all surprise me.  I, for one,
                     never expected that the 
Van Couver Island community wd relish having
                     to pay for its civil Establishment.  Down to the late period several
                     of the 
B. Columbia officials, paid by 
B.C. used to work for 
V.C.
                        Isld without pay from that Isl
d. It is now to be different.
                     
 
                  
                  
                     It seems to me that it 
wd be most advisable to desire 
Govr
                        K[enned]y to favor the S.S. with his views on the subject propounded
                     in these documents, & then His Grace would consider it.  In the
                     meanwhile I should direct the Governor to help himself to his salary
                     out of the Crown Revenue, & to divide the rest proportionally amongst
                     the officials.  If the Legislature will not vote the difference, &
                     the public Officers resign  others of a lower grade & at less
                     salaries would be appointed.
                     
                  
                  
                     Mr Fortescue
                     The refusal to vote the required salaries creates a serious
                     embarrassment.
                     
 
                  
                  
                     As to Union or Separation, there appears to me a great deal to be
                     said for the scheme which 
Sir J. Douglas advocates.  If the Governor
                     of 
Vancouver is to be consulted, 
Governor Seymour's opinion must
                     equally be invited.  I think that you will probably wish 
Sir F.
                        Rogers to see this, but in his absence, I send on the despatch at
                     once for your persual.
                     
 
               
                
                  
                  
                     Sir F. Rogers
                     I pass this unexpected and embarrassing desp. through you.  The
                     strongest part of it is the strong expression by 
Sir Jas. Douglas of
                     an opinion, wh. he ought to have conveyed to the Sec. of State long
                     ago.  The system in favour of which he declares so decidedly
                     (i.e. the system wh. has existed until now) would evidently be the
                     most acceptable one to 
Vancouver Id.  He says it 
wd give
                     satisfaction to
                     
both Colonies.  We know that it created much dissatisfaction in
                     
B. Columbia.  It is possible, however, that the grant of Executive &
                     Legislative Councils, and the removal of a Governor, who, rightly or
                     wrongly, was suspected by the B. Columbians of favouring the sister
                     colony unduly, from personal interest,

 might have been enough to
                     satisfy them.  I must say that, in view of the insignificance of the
                     population and revenue (7500, and £35,000) of 
Vancouver Id, I have
                     some misgiving as to the necessity of sending them one of our best
                     Governors.  The 
Duke of Newcastle, however has instructed both 
Mr
                        Kennedy & 
Mr Seymour to endeavour to effect a union of the two
                     Colonies, as soon as possible.  Meantime, what is to be done at once?
                     Nothing, I suppose, until we shall have heard from the two new
                     Governors on the subject.  It will then have to be decided, whether a
                     complete union can be effected now, or whether the connection under
                     one 
Govr must be renewed.  For the present year, probably, the
                     salaries of 
Govr Kennedy, and 
Mr Young can be paid out of the Crown
                     Fund.
                     
 
                  
                  
                   
                  
                  
                     Mr Blackwood
                     I think on occasion of writing
                     these dphes you furnished me with some financial statements
                     calculated to shew that the Crown Revenue was such as would enable
                     the 
Govt to meet its obligations to its appointees.
                     
 
                  
                  
                     I should like to see a short statement shewing how matters stand
                     in this respect.
                     
                  
                  
                     What are the present salaries & how paid?
                     
                  
                  
                     What are the increased salaries and how paid?
                     
                  
                  
                     What has been the actual & is likely to be the future net Crown
                     Revenue?
                     
                  
                  
                     Under what authority are the present Salaries paid?  Under a
                     temporary or permanent Law?  [Marginal note:  annual.  
ABd]
                     
                  
                  Sir F. Rogers
                     I annex a memorandum which I prepared

 on this subject in 
May last,
                     and which was submitted to you when you wrote the despatch of the 
15
                        June explaining the new form of 
Govt in 
B. Columbia.  I think the
                     information it contains will tell you pretty nearly all you wish to
                     know.
                     
                     
                     
 
                  
                  
                     You will observe from this memor
m what slender knowledge we
                     possessed at the moment respecting the value of the Crown Revenue of
                     
V.C. Island, and I might add on every matter of a financial
                     description having reference to that colony.  It was on that account
                     that I suggested at P. 11 that we should not come to any settlement
                     as to the surrender of the Crown Revenues in exchange for a Civil
                     List until after a report had been 
recd from a new Governor.  That
                     suggestion seems to have been overruled, and the scale of salaries at
                     once declared by despatch.
                     
                     I quite endorse 
Mr Fortescue's remark that 
Sir J. Douglas ought to
                     have expressed the opinions he now declares at a much earlier period.
                     The question of separating the Gov
ts of 
V.C.I. & 
B. Columbia has
                     been long in agitation; & he has had

 abundant opportunity to form and
                     express the opinions he now announces.
                     
                     
                     The present salaries are as follows       £
                     
                     Governor . . . . . . . . . . . . . . . . 808
                     
                     Besides this sum he had £1800
                     
                     a year as 
Govr of 
B. Columbia.
                     
                     Col. Secretary . . . . . . . . . . . . . 505
                     
                     Chief Justice  . . . . . . . . . . . . . 808
                     
                     Attorney 
Genl  . . . . . . . . . . . . . 303
                     
                     Treasurer  . . . . . . . . . . . . . . . 505
                     
                     Surveyor General . . . . . . . . . . . .
 404
                     
                     £3333
                     
                     The Salaries proposed by 
D. of Newcastle desph
                     
                     Govr  . . . . . . . . . . . . . . . . . 3000
                     
                     Col. 
Secy . . . . . . . . . . . . . . .  600
                     
                     Chief Justice . . . . . . . . . . . . .  800
                     
                     to be increased to £1200 when a
                     
                     Lawyer is appointed.
                     
                     Attorney 
Genl with practice . . . . . .  300
                     
                     Treasurer . . . . . . . . . . . . . . .  600
                     
                     Surveyor 
Genl . . . . . . . . . . . . . 
 500
                     
                     £5800
                     
                     
                     
                     The augmentation we propose is, consequently £2467 over & above
                     the sum now voted by the Legislature.
                     
                  
                  
                     The sources whence the Legislature derives its supplies are,
                     according to an abstract of the probable Revenue of the Colony for
                     
1863—which is to be found as an enclosure to the Governor's 
desph
                     4166 of 
1863, as follows
                     
                     
                     dollars
                     
                     Harbor dues                           19 400
                     
                     Real Estate tax                       48 500
                     
                     Trade Licences                        21 825
                     
                     Land sales (Crown property)           24 250
                     
                     Liquor Licenses                       19 400
                     
                     Fines, forfeitures, fees               8 730
                     
                     Postage dues                           2 037
                     
                     Fees of Office                         3 201
                     

                     Miscellaneous                          1 455
                     
                     Rent                                     485
                     
                     Stamp tax                            
  2 425
                     
                     151,708‹=‹£31,380
                     
                     
                     
                     This Abstract I laid before you last year, previously to yr
                     writing the despatch.
                     
                  
                  
                     You will observe from it that the Crown
                     Land fund was estimated to amount to 24250 dollars—in sterling
                     say £5000, but we know from the enclosure to this despatch that the
                     Revenue fell short by £500.  It amounted, however, to £4500 leaving
                     only £1300 for the Colony to provide to make up the sum of £5800
                     which we have asked for.  I really cannot think this difference is
                     excessive.  The Colony has great prospects, and though its
                     expenditure may increase, I shall be much mistaken if its revenues do
                     not increase in a much larger proportion.
                     
                  
                  
                   
               
               
                  
                  
                     Mr Fortescue
                     I think as you suggest that we can only wait.  But you will see that
                     the Crown Fund appears sufficient to enable us to keep faith with
                     recent appointees.
                     
 
                  
                  
                   
               
               
                
            
            
               Documents enclosed with the main document (not transcribed)
               
                
                  
                  
                     Copy, 
J.S. Helmcken, Speaker of the Legislative Assembly, to 
Douglas,
                     
9 February 1864, setting forth the views of the Assembly with respect
                     to the separation of the governments of the two colonies, as per
                     despatch.
                     
                     
 
            
            
               Other documents included in the file
               
               
               
               
                
            
            
               
                  People in this document
                  
                        Blackwood, Arthur Johnstone
                  
                        Cardwell, Edward
                  
                        Douglas, Sir James
                  
                        Elliot, Thomas Frederick
                  
                        Fortescue, 1st Baron Carlingford Chichester
                  
                        Helmcken, John S.
                  
                        Kennedy, Arthur
                  Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes
                  Rogers, Baron Blachford Frederic
                  Seymour, Governor Frederick
                  Young, William Alexander George
                
               
                  Places in this document
                  British Columbia
                  Vancouver Island
                  Victoria