Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Kennedy, Arthur to
Cardwell, Edward 15 April 1865, CO 305:25, no. 6183, 256.
Abstract
Kennedy, Arthur to
Cardwell, Edward 15 April 1865, CO 305:25, no. 6183, 256.
Despatch to London.
Minutes (3), Enclosures (untranscribed) (5), Other documents (1).
No. 23, Miscellaneous
15th April 1865
Sir,
1. I have the honor to acknowledge the receipt of your Despatch No
38 dated 16th September 1864 on the subject of the Crown Lands and
Civil List of this Colony.
2. I have deferred entering upon this subject in the hope of the
Legislative Assembly arriving at some definite and reasonable
decision upon it.
3. The
3. The Legislative Assembly was in Session when I assumed the
Government of this Colony, and a Select Committee occupied in taking
evidence as to "the present condition of the Crown Lands with
reference to the proposal of Her Majesty's Secretary of State for the
Colonies dated 15th June 1863 to hand over the Crown Lands to the
Legislature."
4. Their proceedings extended over a period of eight months and I
now transmit a copy of the Minutes of Proceedings of the Select
Committee accompaniedby
by a Report dated 14th June 1864 and
Resolutions on the same subject dated June 29th 1864.
by a Report dated 14th June 1864 and
Resolutions on the same subject dated June 29th 1864.
5. The manuscript of some of these documents was very imperfect and
there was consequently great delay in having them printed.
6. With these documents before you it is unnecessary for me to
trouble you with any lengthened remarks upon them. No analysis of
mine would make them intelligible where many Members of the Assembly
sought to prove opposite anddifferent
different things.
different things.
7. I do not attach much weight to the Evidence which has not been
taken on oath, and it is difficult to form a sound opinion upon a
matter surrounded by such complications and conflicting statements.
8. There are nevertheless some extraordinary facts connected with
the sale and management of the Crown Lands disclosed in the Minutes
of Proceedings before the Select Committee which I apprehend are new
to HerMajesty's
Majesty's Government.
Majesty's Government.
9. If the question is to be re-opened, and the Indenture between the
Crown and the Hudson's Bay Company dated 3rd February 1862,
reconsidered or questioned, it can only be done effectually and
fairly by a Commission appointed to inquire on the spot, where books,
papers, maps, and evidence could be produced, and in the event of a
new Chief Justice being appointed he might fitly be entrusted withsuch
such a duty. I am not however in a position to recommend that course
if the question can be settled and an agitation detrimental to the
best interests of the Colony put an end to by any other means.
such a duty. I am not however in a position to recommend that course
if the question can be settled and an agitation detrimental to the
best interests of the Colony put an end to by any other means.
10. I have endeavoured by every means at my disposal to effect a
settlement of this question, but in vain. There are various and
conflicting interests which under the existing form of Government in
this Colony are wholly beyond my control.I
I have no public officer
in the Assembly to advocate the real interests of the Colony or to
correct misapprehensions and even misstatements which have entered
largely into the numerous debates which have taken place.
I have no public officer
in the Assembly to advocate the real interests of the Colony or to
correct misapprehensions and even misstatements which have entered
largely into the numerous debates which have taken place.
11. The question will again shortly come before the Legislative
Assembly in connection with the annual Estimates and salaries of
officers which with the exception of that of the Colonial Secretary
I have declined to charge against Crown Revenuetill
till the conditions
proposed in the Secretary of State's Despatch, 15th June 1863, are
accepted or modified by your authority. I will communicate the
result when arrived at.
till the conditions
proposed in the Secretary of State's Despatch, 15th June 1863, are
accepted or modified by your authority. I will communicate the
result when arrived at.
Minutes by CO staff
Mr Elliot
As the celebrated Indenture of Feb/62 was arranged by the Land Board I think there is no help for it, but to refer this despatch to that Office for report and to request that their report may be made as soon as convenient.
As the celebrated Indenture of Feb/62 was arranged by the Land Board I think there is no help for it, but to refer this despatch to that Office for report and to request that their report may be made as soon as convenient.
If the suggestion of referring the matter to the new Chief Justice be
approved "twere well" that the report "be done quickly" for Mr
Needham is going out in a few weeks.
ABd
3 July
Mr Cardwell
Land Board?
Land Board?
In 1863 the D. of Newcastle engaged to surrender the Crown Land
Revenue to the H. of Assembly provided the House undertook to provide
certain salaries.
A committee of the House was thereupon appointed to consider the
condition of the Crown Lands as a source of Revenue.
The Report of the Committee with Minutes of evidence and Resolutions
founded upon the Report are with 6183.
The House has not come to any decision upon the proposal made in
1863. They express however the opinion that the agreement of 1862
between the Crown and the H.B. Company ought to be annulled and that
the Colony will be seriously injured if it is not annulled, and they
request that proceedings may be taken with
that object.
that object.
They wd not interfere with the rights of third parties but they wd
oblige the Company to compensate the Government for the Sale of any
portions of Govt Reserves.
They ask that pending such proceedings the Company may not be
confirmed in the possession of unsold lands and they particularly
request that the title of
Mr Lowenberg to Lot Z which is in transition may not be
confirmed.
Governor K. in 6183 suggests that the whole matter should be made the
subject of a Commission of inquiry.
The sale of lot Z, although dragged into the wider question, is a
question by itself and, distinct from other subjects,
has been the
subject of correspondence since 1861.
has been the
subject of correspondence since 1861.
The latest despatch upon it as a separate question is 2637 in which
Governor K suggested that the Government shd resume lot Z upon
payment of the price paid for it by Mr Lowenberg if the Company
insisted upon it but expressed the opinion that the Co certainly
ought to relinquish lot Z.
The Colonial office, Emign office and Law officers were agreed that
the Indenture of 1862 cannot be cancelled.
The Emign Commrs (6606, 3034) were of opinion that the Sale of lot
Z as a distinct question should be made the subject of legal
proceedings first before the Supreme Court in the Colony and secondly
in the event of an unfavourable decision before
the Privy Council at
home.
the Privy Council at
home.
On the other hand the Law officers are of opinion that lot Z was
never dedicated as part of a Govt Reserve in any binding manner in
which case its sale could not be questioned at law with any prospect
of success.
The alternative left is that of letting it (lot Z) alone or of
resuming it upon compensating Mr Lowenberg whether by arrangement
between him & the local Govt or under a local act.
Documents enclosed with the main document (not transcribed)
Kennedy to [Colonial Office], 15 May 1865, advising that a
copy of the Resolutions of the Legislative Assembly of June 1864
would be forwarded to the colonial office in the duplicate of
Despatch No. 23 dated 15 April 1865.
Printed copy of "Minutes of Proceedings of a Select Committee
of the House of Assembly appointed to inquire into the present condition
of the Crown Lands of the Colony, with reference to the proposal of Her
Majesty's Secretary of State for the Colonies, dated 15th June, 1863,
to hand over the Crown Lands to the Legislature" (forty-two pages).
Printed copy of "Report of the Committee on Crown Lands,
Vancouver Island, June 14th, 1864" (fifteen pages).
Printed copy of resolutions confirmed by the House of Assembly
on 29 June 1864 upon receipt of the report as noted above, signed by
J.S. Helmcken, Speaker.
Printed copy of "Despatches and Correspondence transmitted to
the House of Assembly in Governor Douglas' Message of 3rd September
1863" (thirty-six pages).
Other documents included in the file
Elliot to Emigration Commissioners, 11 July 1865, forwarding
copy of the despatch and enclosures for their observations and
suggestions.