Confidential
               
            
            
            
            
               I think it necessary to accompany my Despatch N
o 4 of 
yesterday's
                  date by some observations and explanations which I could not offer so
               freely in a formal Despatch and which may enable you to form a more
               correct judgment on the
proceedings
 proceedings of the Legislative Assembly of
               this Colony.
               
               A perusal of the printed proceedings of that Body which accompany my
               Despatch above adverted to will enable you to form a more accurate
               conception of the spirit and prudence with which the annual Estimates
               of Revenue and Expenditure have been discussed and decided upon, than
               any description I could offer.
               
            
            
               Entertaining as I do the strongest sympathy for liberal and
               constitutional government and a desire
to
 to see the people of this
               Colony manage their own affairs with the least possible interference
               of the Imperial Authorities, I think the time has arrived when the
               existing form of Government should be reconsidered and amended if
               
Vancouver Island is to be permanently retained as a British Colony.
               
               Two years experience has convinced me that the House of Assembly as
               at present constituted is not capable of using constitutional
power
 power
               in a respectable manner.
               
               There is no officer of the Government or other sufficiently informed
               person or Member of the Assembly to initiate Measures or afford
               explanations and hence misstatements both intentional and
               unintentional are constantly put forward and pass uncontradicted and
               uncorrected, to the great detriment of the public interests.
               
            
            
               The majority in the present Assembly is mainly composed
of
 of reckless
               adventurers with small stake in the Colony and in too many instances
               wanting in personal respectability—some notoriously insolvent.
               
               Their avowed object is to drive matters to extremity—to abolish
               property qualification in Members—to extend and lower the franchise,
               and thus obtain responsible or party Government with paid
               Representatives.  Some go so far as to advocate Members and voters
               sitting and voting without having taken the oath of allegiance.
               
If 
            
            
               If these Measures were carried the large American element and
               influence here would render Government on constitutional or British
               principles no longer possible.  Characterless adventurers would be
               encouraged to the total exclusion of the few respectable persons who
               now offer themselves as Representatives.
               
            
            
               It must be borne in mind that this Colony started with Representative
               Institutions without any of that experience or solid foundation
               usually laid in a Crown Colony—without the control
of
 of its Crown
               Lands, and without a Civil List.  Hence the continual wrangling over
               the public establishments which are provided for by annual vote when
               the salaries of public officers are discussed rather with reference
               to the interests of individuals than those of the public.
               
               In the proceedings of the Assembly now under consideration it will be
               observed that the three principal officers whose salaries are struck
               out are the late Acting Colonial
Secretary
 Secretary (
Mr Wakeford), the
               Treasurer (
Mr Watson), and the Registrar General (
Mr Alston) who
               ably conducted a painful inquiry into the frauds of the Probate Court
               and conduct of the late Chief Justice and made an honest and
               conscientious Report thereon (Vide Despatch N
o 38 dated 
15th June
                  1865).  Under the existing system no public officer has any
               reasonable assurance of the permanence of his office.  A majority of
               one in the Assembly may at any time deprive him
of
 of his means of
               subsistence and thus corrupt and destroy all independence in those
               who remain.
               
               While meritorious public officers appointed by the 
Queen have been
               thus summarily dismissed without compensation it will be observed
               that some Members discussed and fixed (as far as their power extends)
               their own emoluments.
               
               You will observe that the Assembly propose to leave the Indian
               population to "execute their own laws," that is to murder each other
without
               without let or hindrance when inflamed by drink, the sale of which to
               Indians they propose to legalize.
               
               They propose to abolish offices whose occupants the 
Queen has
               nominated Members (ex officio) of the Legislative Council—to create
               new offices—and vote money to pay them without reference to the
               Executive.
               
               They have reduced the vote for Police to such an extent as virtually
               to abolish that force which the Colony stands so
much
 much in need of and
               where there is no organized force of any kind beyond a few
               Volunteers, not yet placed on a legal or effective footing.
               
               I regard this as a most hazardous experiment.  The working classes
               here are attracted from distant places—strangers are continually
               pouring in—moral and social restraints are few and feeble, and the
               temptations held out by 85 licensed public houses in
               
Victoria alone, saloons, brothels and gambling houses (some of
               them combining all three
characteristics
 characteristics) far exceed those usually
               found elsewhere.
               
               The salary for the 
Superintendent of Police (Lieut. Hankin) a most
               useful officer in dealing with the Indian population, has been
               disallowed and it is proposed to replace him by the "Stipendiary
               Magistrate" (
Mr Pemberton) an officer whom I was obliged to remove
               from that position in consequence of the scandals and disorganization
               existing in the office as reported in my Despatch
No 100
 N
o 100 dated
               3
rd December 1864.
               
               The Stipendiary Magistrate (who was also Harbour Master and Collector
               of Revenue) at 
Nanaimo, the second town in the Colony, has been
               "struck out," thus leaving that important settlement 80 miles distant
               from 
Victoria and accessible by sea only, without a single public
               officer, and in lieu of such I am recommended "to appoint an unpaid
               Magistrate" from amongst a community consisting of working men, coal
               miners and small
shopkeepers
 shopkeepers.
               
               In the last two Sessions the Assembly were in Session for 9 and 10
               months respectively.  The unnecessary duration of these sittings is
               in itself a great public mischief.
               
            
            
               The whole foundation of a sound and prosperous Colony has yet to be
               laid and I see no prospect of its being done by an irresponsible
               Assembly strongly imbued with republican and American sympathies.
               
            
            
               The electoral franchise and
distribution
 distribution of the Members requires
               thorough reform (vide Blue Book Report 
1864) and it is not likely to
               be undertaken by Members who in many cases virtually return themselves.
               
               I have adverted to the population and number of voters in my annual
               Report N
o 73, 
24th August 1865, and need not recur to it beyond
               stating that the franchise cannot well be lowered without reaching
               manhood suffrage—a most dangerous expedient in view of the large
               American element in the
population
 population.
               
               The time of the Legislative Council is almost wholly occupied in
               revising or rejecting the crude Bills drawn and passed by
               unprofessional Members of the Legislative Assembly and a constant
               warfare between the two bodies is the natural and inevitable result.
               
            
            
               Few respectable men will consent to go through the ordeal of an
               election to the Assembly and hence the legislative power is abandoned
               to political adventurers.
               
Capital 
            
            
               Capital is repelled and industry paralyzed when the form of
               government offers no security for any fixed or consistent policy.
               
            
            
               The latest effort in the way of raising Revenue consisted in the
               imposition of import duties upon cabbage, carrots, potatoes, beef,
               mutton and pork while spirits, wine, beer, tobacco, and all other
               luxeries are left free.
               
            
            
               Public charities, cost of a fire brigade, roads, bridges, and
               gratuitous education offered to
the
 the whole community, are all made
               charges on the general Revenue without local or municipal taxation of
               any kind.
               
               I have on former occasions stated that the present system of taxation
               is crude and inequitable, the great bulk of the population escaping
               taxation in any form whatever, direct or indirect.
               
            
            
               The expenditure for education $15,000 a year is rapidly degenerating
               into a monster job managed by an irresponsible Board.
               
I 
            
            
               I am in a position to know that the refusal to recognize or provide
               for the offices of Surveyor General and Treasurer is a foolish
               attempt to deprive me of the services of these Gentlemen in the
               Legislative Council.
               
            
            
               It will naturally occur to you that a dissolution of the present
               Assembly and the election of a new House might partially remedy some
               if not all the evils I have pointed out—I have well considered this
               matter and
feel
 feel convinced there would be no improvement in its
               material—the population and constituencies are too small for
               anything like healthy political action.  Moreover, the
               
present House is pledged to adopt 
any form of Government Her
               Majesty may concede to them in the event of a union of the Colonies,
               and it would therefore be imprudent to dissolve a House so pledged
               while that question is undecided.  I firmly believe that the
               respectable element in society and all those with
property
 property at stake
               would wish to see a nominated in preference to an elected Legislative
               body for at least some years to come.  The comparatively orderly and
               quite conduct of Government in the neighbouring Colony without a
               Representative Assembly affords a strong contrast to the often
               disorderly and mischievous proceedings here.
               
               A strong Government and individual responsiblity are absolutely
               requisite for the
successful
 successful dealing with the large Indian population
               which becomes a greater source of anxiety and a more difficult
               problem daily.
               
               Whether separate or united to the sister Colony I can see no reason
               why 
Vancouver Island should not become prosperous and entirely self
               supporting, but at present the Colony is being experimented upon by
               very rude hands and confidence at home and abroad is thoroughly
               shaken.
               
               It is difficult for any person at a distance to realize the state
of
 of
               things as they exist here whether in a national, social, or political
               point of view, and I have therefore thought it my duty in this
               hurried and I fear very imperfect manner to bring the subject before
               you at a time when the union and future form of Government of these
               Colonies is under your consideration.
               
               I enclose copies of a letter I addressed to the Speaker of the House
               of Assembly together with his reply thereto on the subject of the
               salary of my Private Secretary.
You
  You were good enough on a late
               occasion to appoint 
Mr Wakeford Auditor of the colony the salary for
               which (£247) is also disallowed, thus leaving this Gentleman who
               relinquished an office in Western Australia to accept of it, without
               any salary whatever.
               
               Mr Wakeford during the period he was Acting Colonial Secretary
               afforded me efficient aid in effecting many reforms and correcting
               various irregularities and I cannot attribute this economical
               proceeding to other
cause
 cause than a desire to get rid of an officer
               whose high sense of honor and incorruptibility are uncongenial to the
               majority of those who had to decide upon it.
               
 
            
            
               I have the honor to be,
               Sir,
               Your most obedient Servant
               
A.E. Kennedy
               Governor
               
               Minutes by CO staff
               
               
               
                
                  
                  
                     Please return this to the Department.
                     This shd be examined, in order to see how far the Crown Fund will
                     suffice for the payments refused by the Assembly?
                     
                  
                  
                   
                  
                  
                     Mr Blackwood
                     Perhaps you will look into this point.  I do not perceive that
                     anything will have to be written by the mail of Saturday.
                     
 
                  
                  
                   
                  
                  
                     See minute of 12 April with 3765.
                     
                  
                  
                  
                   
            
            
               Documents enclosed with the main document (not transcribed)
               
                
                  
                  
                     Kennedy to Speaker of the Legislative Assembly, 
16 January 1866,
                     disputing the decision of the house to disallow a salary for his
                     private secretary, with explanation.
                     
 
                   
                  
                  
                     J.S. Helmcken, Speaker, to 
Kennedy, 
17 January 1866, advising
                     that "there appears to be but little chance at present of the House
                     altering its determination," and expressing his personal support of
                     retrenchment in general.
                     
 
                   
            
            
               
                  People in this document
                  
                        Alston, E. Graham
                  
                        Blackwood, Arthur Johnstone
                  
                        Cardwell, Edward
                  
                        Elliot, Thomas Frederick
                  
                        Hankin, Philip J.
                  
                        Helmcken, John S.
                  
                        Kennedy, Arthur
                  
                        Parker, Charles Stuart
                  Pemberton, Augustus F.
                  Seymour, Governor Frederick
                  
                        Victoria, Queen Alexandrina
                        
                  
                        Wakeford, Henry
                  
                        Watson, Alexander
                
               
                  Places in this document
                  British Columbia
                  Nanaimo
                  Vancouver Island
                  Victoria