Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Kennedy, Arthur to
Cardwell, Edward 21 March 1865, CO 305:25, no. 4620, 198.
Abstract
Kennedy, Arthur to
Cardwell, Edward 21 March 1865, CO 305:25, no. 4620, 198.
Despatch to London.
Minutes (2), Enclosures (untranscribed) (1), Marginalia (2).
No. 16, Separate
21st March 1865
Sir,
1. I have deferred replying to that part of your Despatch No 2
dated 30th April 1864 on the proposed union of Vancouver Island with
British Columbia until I could report some definite action of the
Legislature of this Colony on the subject.
2. After
2. After various abortive proceedings (the details of which I need
not trouble you with) the Resolutions communicated in my Despatch No
14 of this date were adopted by the Legislative Assembly on the 27th
January 1865.
3. These Resolutions coupled with those of the Chamber of Commerce
transmitted in my Despatch No 15, also of this date, will enable you
to judge of the public feeling on the subject.
4. I
4. I took an early opportunity after the expression of opinion by
the Legislative Assembly to have a personal consultation with
Governor Seymour, and concluded our conference by addressing to him a
confidential letter on the 27th February 1865, the copy of which I
enclose, and to which I have not yet received a reply.
5. A year's experience and close observation in this Colonyhave
have led
me to adopt a very decided opinion of the expediency—I might almost
say, necessity—(for to that I think it must come) of uniting British
Columbia and Vancouver Island under one Governor, one Legislature, and
equal Laws.
have led
me to adopt a very decided opinion of the expediency—I might almost
say, necessity—(for to that I think it must come) of uniting British
Columbia and Vancouver Island under one Governor, one Legislature, and
equal Laws.
6. The proposal of my Predecessor adverted to in your Despatch, that
there should be one Governor, "that the colonies should each have its
separateLegislature
Legislature, make its own Laws, raise and apply its own
Revenue as at present for its individual benefit," seems to me to be
surrounded by difficulties, and fraught with the elements of
dissolution and discord.
Legislature, make its own Laws, raise and apply its own
Revenue as at present for its individual benefit," seems to me to be
surrounded by difficulties, and fraught with the elements of
dissolution and discord.
7. The difficulty of one Governor administering two neighbouring
governments conducted upon different and antagonistic commercial
principals, as theyexist
exist at present, seems to me insuperable.
exist at present, seems to me insuperable.
8. If these Colonies progress (as it is hoped) the Ports of one
being free, and the other levying import duties, it would ultimately
require a large portion of the Revenue of the one to suppress
smuggling from the other—a fact well illustrated by the contraband
trade at present carred on with Vancouvers Island and theneighbouring
neighbouring American Territory between which similar conditions at
present exist.
neighbouring American Territory between which similar conditions at
present exist.
9. As regards the control and management of the Indian population
(which is a most important subject of consideration) who migrate
between the two Colonies, the necessity of uniform legislation and
policy are I think self evident.
10. A uniform Postal system and all other subjects on whichunited
united
action are necessary could hardly be carried out or at best would be
weakened by separate Legislatures.
united
action are necessary could hardly be carried out or at best would be
weakened by separate Legislatures.
11. The population of each Colony is and will long continue to be
too small for healthy political action.
12. All the advantages derivable from mutual aid and cooperation
would be lost and a bitter and senseless rivalry (as at present
growing up) engendered in their stead.
13. I
13. I think it would be difficult to find two Colonies or
communities who are so necessarily dependent on each other for
progress and support.
14. The readiness of the Legislative Assembly of this Colony, to
abandon the Free Port of Victoria, at once removes the only serious
difficulty which has hitherto beset this question, a course of action
approved of by an overwhelmingmajority
majority of their constituents.
majority of their constituents.
15. The separate existence and possibly hostile legislation of these
Colonies affords a bad public example, and must continue to be an
increasing embarrassment to Her Majesty's Government.
16. I will not enter upon the question of relative gain of each colony in the event
of union beyond expressing my opinion that the resources of this colony by means of
directtaxation
taxation alone are ample to defray the expense of government with the maintenance
if necessary of it. Free Port, and that its financial condition on the whole is quite as satisfactory as that of British Columbia
taxation alone are ample to defray the expense of government with the maintenance
if necessary of it. Free Port, and that its financial condition on the whole is quite as satisfactory as that of British Columbia
17. The form of Government under which these United Colonies could
be most easily and successfully governed is an important subject for
consideration.
18. The form of Government at present existing in this Colony,namely
namely, an Elective Assembly of 15 Members, and a nominated
Legislative Council, does not, and in my opinion never can work
satisfactorily. There is no medium, or connecting link between the
Governor and the Assembly, and the time of the Legislative Council
(which comprises the principal executive officers) is mainly occupied
in the correction of mistakes or undoing the crude legislation of the
lower House who havenot
not and cannot be expected to have the practical
experience or available time necessary for the successful conduct of
public affairs. On financial subjects they are always greatly at fault.
namely, an Elective Assembly of 15 Members, and a nominated
Legislative Council, does not, and in my opinion never can work
satisfactorily. There is no medium, or connecting link between the
Governor and the Assembly, and the time of the Legislative Council
(which comprises the principal executive officers) is mainly occupied
in the correction of mistakes or undoing the crude legislation of the
lower House who havenot
not and cannot be expected to have the practical
experience or available time necessary for the successful conduct of
public affairs. On financial subjects they are always greatly at fault.
19. I would therefore recommend (should the opportunity for
remodelling the form of Government occur) that there should be one
Chamber only,
composed of elective Members as at present with the additionof
of
nominees of the Crown in the proportion of one third with power to
resolve itself into two separate Chambers when the state of the
population would justify or render it necessary, a contingency which
I think far distant.
I am also of this opinion; but unless the Legre of V.C.I. should
come to a dead lock it would be difficult to deprive the Colony of
its present Constitution & form of Govt. The policy of giving a
miniature English Parlt to a place numbering less that 8000
persons—smaller than many of our parishes—who have neither time to
devote to Legislation nor capacity for so great an act has always
appeared to me to be an overstraining of a good thing.
of
nominees of the Crown in the proportion of one third with power to
resolve itself into two separate Chambers when the state of the
population would justify or render it necessary, a contingency which
I think far distant.
20. I believe that this change would find favour with the
intelligent portion of the public and a large number, if not a
majority of the present Assembly whose constitutionit
it would affect.
it would affect.
21. I have abstained from expressing any public opinion, or
exercising any influence I may possess in encouraging this movement,
but I have no doubt that the expression of the former, and legitimate
use of the latter if acquiesced in by Governor Seymour would
immediately remove all serious opposition to a union of these
colonies which I consider a matter of great Imperial as well asColonial
Colonial interest.
Colonial interest.
Minutes by CO staff
Mr Elliot
You are aware that the Legislature of British Columbia has rejected the idea of union with Van C. Isld, and that Mr Seymour has accepted that decision of his Legislature as conclusive. His reasons are contained in his despatches of the 1 June and 20 Decr/64. In the former despatch (7592) he says (P. 7) The strong opinion I have to express is that it is simply impossible in my opinion, to govern satisfactorily the district of Cariboo from Van Couver Island. Victoria cannot, in my opinion, ever again be the seat of Govt for the
Territory of B. Columbia.
To his Legre, on prorogation, Mr Seymour has said (7592)
B.C. has grown too large for a return to the old system to be
possible. Whether Union under other conditions might hereafter be
acceptable, I am at present unable to say. I wd, however, observe
that from my short experience, I am inclined to think that an
efficient administration of the affairs of B.C. alone, would be
enough to engross the whole attention of a Governor."
On opening the L.C. on the 12 Dec/64 the Governor (1384) again said
You are probably aware that the House of Assembly of a neighbouring
Colony has passed certain Resolutions in favor of a conditional Union
with B.C. under one Governor. Without entering into details it may
perhaps be convenient that I should at once express my opinion on the
subject. I think that it would be better for Imperial interests that
Gt Britain should not be represented by more than one Governor
to the Westward of the Rocky Mountains, and I can imagine cases in
which both the Governors, as well as the Officer in
command of H.M.'s
Naval forces, might be considerably embarrassed by the present state
of things. But the unaided power of the prerogative is fully able to
remove the present inconvenience to H.M.'s service if it be found
considerable, and I advise you merely to consult your local
interests. I do not see at present how British Columbia would gain
by the suggested change, and I am rather disposed to think that a
longer separation is necessary before a satisfactory re-union could
take place. Let time remove the impression which exists in some
minds that the resources of the one Colony have not yet been fully
developed, while the prosperity of the other has been somewhat
artificially stimulated.
In answer to these observations the Legve Council stated
We see no reason for changing the opinion, deliberately and
unanimously expressed by the late Council in the Resolution of the
last Session, transmitted to H.M.'s Govt, that an Union with the
neighboring Colony would be inexpedient, & disadvantagous to B.C.; a
view in which we are glad to see your
Excellency concurs.
Further in Governor Seymour's address to the B. Columbia Legre
(which you will find with this despatch 4 Feby/65 No 8 (4582) he
says
Your reply to the address with which I opened the late Session has
convinced me that it is unnecessary for me to moot the question again
now. I regret that the interests of two Colonies, so near each other
and so remote from the Mother Country, should be in some respects
antagonistic; but my duty to B.C. is paramount & I accept your
decision. I trust that the entire separation which now takes
place may ultimately lead to a desire for the most intimate relations
and probably for a Union ... which, in some respects I cannot but
consider to be desirable.
You are aware that the Legislature of British Columbia has rejected the idea of union with Van C. Isld, and that Mr Seymour has accepted that decision of his Legislature as conclusive. His reasons are contained in his despatches of the 1 June and 20 Decr/64. In the former despatch (7592) he says (P. 7) The strong opinion I have to express is that it is simply impossible in my opinion, to govern satisfactorily the district of Cariboo from Van Couver Island. Victoria cannot, in my opinion, ever again be the seat of Govt for the
Territory of B. Columbia.
To his Legre, on prorogation, Mr Seymour has said (7592)
B.C. has grown too large for a return to the old system to be
possible. Whether Union under other conditions might hereafter be
acceptable, I am at present unable to say. I wd, however, observe
that from my short experience, I am inclined to think that an
efficient administration of the affairs of B.C. alone, would be
enough to engross the whole attention of a Governor."
On opening the L.C. on the 12 Dec/64 the Governor (1384) again said
You are probably aware that the House of Assembly of a neighbouring
Colony has passed certain Resolutions in favor of a conditional Union
with B.C. under one Governor. Without entering into details it may
perhaps be convenient that I should at once express my opinion on the
subject. I think that it would be better for Imperial interests that
Gt Britain should not be represented by more than one Governor
to the Westward of the Rocky Mountains, and I can imagine cases in
which both the Governors, as well as the Officer in
command of H.M.'s
Naval forces, might be considerably embarrassed by the present state
of things. But the unaided power of the prerogative is fully able to
remove the present inconvenience to H.M.'s service if it be found
considerable, and I advise you merely to consult your local
interests. I do not see at present how British Columbia would gain
by the suggested change, and I am rather disposed to think that a
longer separation is necessary before a satisfactory re-union could
take place. Let time remove the impression which exists in some
minds that the resources of the one Colony have not yet been fully
developed, while the prosperity of the other has been somewhat
artificially stimulated.
In answer to these observations the Legve Council stated
We see no reason for changing the opinion, deliberately and
unanimously expressed by the late Council in the Resolution of the
last Session, transmitted to H.M.'s Govt, that an Union with the
neighboring Colony would be inexpedient, & disadvantagous to B.C.; a
view in which we are glad to see your
Excellency concurs.
Further in Governor Seymour's address to the B. Columbia Legre
(which you will find with this despatch 4 Feby/65 No 8 (4582) he
says
Your reply to the address with which I opened the late Session has
convinced me that it is unnecessary for me to moot the question again
now. I regret that the interests of two Colonies, so near each other
and so remote from the Mother Country, should be in some respects
antagonistic; but my duty to B.C. is paramount & I accept your
decision. I trust that the entire separation which now takes
place may ultimately lead to a desire for the most intimate relations
and probably for a Union ... which, in some respects I cannot but
consider to be desirable.
For the sake of convenience I have thus quoted the opinion of Govr
Seymour & his L. Council in order that
they may be contrasted with
the reasons adduced by Governor Kennedy and the Inhabitants of V.C.I
for a Union with British Columbia. To me it appears that there is a
great deal of force in the arguments of V.C.I.; & it would probably
be much to the advantage of that Community, as well as to its pride,
if B. Columbia could be subordinated to V.C.I. as it was in the time
of Sir Jas Douglas. On the other hand there is much strength in
what the Governor of B. Columbia says that that Colony is grown too
large for a return to the old system, and that the affairs of the
Colony are enough to engross the undivided attention of a single
Governor. There is every probability moreover that as the Country
advances in prosperity the business of administration will increase
still more. If this should prove to be the case, a community very
hostile to Union, and a Governor
likewise unfavorable will make it
difficult to put the two Colonies under one Governor. If the Duke of
Newcastle, when deliberating on this subject, considered it expedient
to establish only one Governor, or even to fix a Governor in Chief at
VanCouver Isld, with a Lt Governor at New Westminster, it will be
more difficult now to make any alteration after so short an
experience of the working of the measure and with one of the Colonies
protesting vigorously against incorporation. Potential Imperial
reasons might suffice to override the wishes of the B.C. Colonists,
but it would be at the risk of a great deal of dissatisfaction and
clamor: and much as V.C. Isld may wish for the Union I doubt if the
time has arrived for the Accomplishment of any such measure.
they may be contrasted with
the reasons adduced by Governor Kennedy and the Inhabitants of V.C.I
for a Union with British Columbia. To me it appears that there is a
great deal of force in the arguments of V.C.I.; & it would probably
be much to the advantage of that Community, as well as to its pride,
if B. Columbia could be subordinated to V.C.I. as it was in the time
of Sir Jas Douglas. On the other hand there is much strength in
what the Governor of B. Columbia says that that Colony is grown too
large for a return to the old system, and that the affairs of the
Colony are enough to engross the undivided attention of a single
Governor. There is every probability moreover that as the Country
advances in prosperity the business of administration will increase
still more. If this should prove to be the case, a community very
hostile to Union, and a Governor
likewise unfavorable will make it
difficult to put the two Colonies under one Governor. If the Duke of
Newcastle, when deliberating on this subject, considered it expedient
to establish only one Governor, or even to fix a Governor in Chief at
VanCouver Isld, with a Lt Governor at New Westminster, it will be
more difficult now to make any alteration after so short an
experience of the working of the measure and with one of the Colonies
protesting vigorously against incorporation. Potential Imperial
reasons might suffice to override the wishes of the B.C. Colonists,
but it would be at the risk of a great deal of dissatisfaction and
clamor: and much as V.C. Isld may wish for the Union I doubt if the
time has arrived for the Accomplishment of any such measure.
ABd
16 May/65
Mr Fortescue
I have had these papers by me some time. In the height of the Session, with Conferences going on with the
Canadian Ministers—and
an inquiry before a Committee of the House of Commons into the West
Coast of Africa—it could hardly be expected that you or Mr Cardwell
could undertake to go into so large a Question as that of the Union
of Vancouver with British Columbia, or a remodelling of the
Constitution. But I now send on the papers for inspection. Mr
Blackwood furnishes an account of what has gone before, and suggests
the main points that will hereafter require Consideration.
I have had these papers by me some time. In the height of the Session, with Conferences going on with the
Canadian Ministers—and
an inquiry before a Committee of the House of Commons into the West
Coast of Africa—it could hardly be expected that you or Mr Cardwell
could undertake to go into so large a Question as that of the Union
of Vancouver with British Columbia, or a remodelling of the
Constitution. But I now send on the papers for inspection. Mr
Blackwood furnishes an account of what has gone before, and suggests
the main points that will hereafter require Consideration.
Documents enclosed with the main document (not transcribed)
People in this document
Fortescue, 1st Baron Carlingford Chichester