No 48, Separate
               
            
            
            
            
            
            
               2.  I have numbered the paragraphs of this Memorial for greater
               facility of reference.
               
3. I 
            
            
               3.  I would beg to refer you generally to my Despatches named in the
               margin
               
               
               

                     
                     Separate, 14th April 1864
                     
                     Separate,  5th May        "
                     
                     No 40,     7th July       "
                     
                     No 45,    13th July       "
                     
                     No 16,    21st March    1865
                     
                     No 27,     4th May        "
                     
                     No 36,     7th June       "
                     
                     No 57,    18th July       "
                     
                     No 73,    24th August     "
                     
                     No 78,     5th September  "
                     
                     No 81,    22nd    "       "
                     
                     No 92,     1st December   "
                     
                     No  4,    23rd January  1866
                     
                     No  7,    30th    "       "
                     
                     No  9,     8th February   "
                     
                     No 10,    13th    "       "
                     
                     No 14,     1st March      "
                     
                     No 24,    26th    "       "
                     
               
               
               which treat of many of the subjects touched upon in this Memorial.
               
               4.  A reference to my Despatch N
o 44 dated 
22nd June 1866 by this
               Mail will show distinctly that the statement in paragraph 1 of the
               Memorial that I declined to transmit the Resolutions of the Assembly
               "unless
               
approved by the Legislative
Council"
 Council" does not consist with fact.
               Whatever motive may have induced that statement, such a palpable
               inaccuracy at the outset of the Memorial will not I apprehend tend to
               give weight to subsequent statements the truthfulness or otherwise of
               which you may not possess equally distinct means of determining.
               
               5.  Paragraph 2.  Three evils appear by the latter part of this
paragraph
               paragraph to be treated of therein.  The first is merely alluded to
               as something inevitable which will effect "their" own cure, and is
               not definitely described.  The second evil is the continued
               separation of the Colonies resulting, as alleged, in legislation on
               the part of 
British Columbia "hostile alike to Imperial and 
Vancouver
                  Island interests."  I presume this has relation to the subject of my
               Despatches N
os 43 and 46 dated 
16th and 
26th Junerespectively.
 respectively.
               Of the third evil alleged to be "others flowing from the
               unnecessarily expensive and highly impracticable systems of
               Government of both Colonies," I can only speak as regards 
Vancouver
                  Island.  You will have gathered from previous Despatches that I have
               long been of opinion that the form of Government of this Colony is
               wholly unsuited to its population and circumstances,
that
 that it is
               unworkable, and that a simpler form would be far better and possibly
               cheaper than the present.  And it is an undoubted fact that the
               representative Assembly has been both directly and indirectly the
               cause of much unnecessary expenditure.  The costly scheme referred to
               in my Despatch named in the margin
               
               
               

                     
                     No 4, 23rd January 1866, paragraph [cut off microfilm].
                     
               
               
               emanated from the Assembly.  The
               "insupportable burthen" with which the people are oppressed is
not
 not
               defined.  If taxation be intended I have already in previous
               Despatches stated my opinions on that subject.  What may be the
               nature of the "liberal and necessary laws" referred to by the
               Assembly I will leave you to infer when I state that the only measure
               passed for which any apparent popular clamour has been raised was a
               School Bill passed in 
1865
               
               
               
                     
                     Vide No 7, 30th January 1866.  Paragraph 11.
                     
               
               
               and which has already been the fruitful
               parent of expenditure and jobbery,
and
 and that the Land Proclamation
               (founded I believe chiefly on the land laws of the neighbouring
               American States) has given the greatest encouragement to land
               speculation and thereby retarded the settlement and consequently the
               development of the country.
               
               6.  Paragraph 3.  I have already expressed my opinion in favour of
               the union of the Colonies and of an early settlement of the question.
               The cause of the separation of the colonies is of course well known
at
               at the Colonial Office, but I believe I am right in denying it to
               have been the result of "Imperial expediency."  The two Colonies are
               not only intimately connected with each other but to a very great
               extent mutually dependent.
               
               7.  Paragraph 4.  The traders and land speculators have fixed
               themselves at 
Victoria, the port first established in either colony,
               and there some of the miners of 
British Columbia spend their
winters
 winters
               and their gold.  Last winter a larger number of miners wintered at
               the Mines than theretofore.
               
               8.  Paragraph 5.  The Indians of 
Vancouver Island do not contribute
               appreciably to the Revenue.  They may be said to be wholly untaxed.
               This estimate of the population of the two colonies at 10,000 is much
               lower than the true numbers.  I have already expressed my views upon
               the taxation and expenditure of 
Vancouver Island and whatever
objections
               objections I may entertain to the present mode of raising taxes
               adopted in this Colony, the application of such terms as
               "unparalleled" and "ruinous" to the taxation of 
Vancouver Island where
               the bulk of the population may be said to be
               
untaxed, is wholly without warrant.  A form of Government in
               which the management of the affairs of the Colony instead of being
               left to an irresponsible body like the Assembly, should be entrusted,
               to a greater extent than at present at all events,
to
 to persons
               answerable for their conduct to the Crown would tend to the end
               desired in this paragraph, and would I believe meet the general
               approval of the respectable and soberminded British inhabitants of
               the Colony.
               
               9.  Paragraph 6.  This paragraph relates chiefly to 
British Columbia.  If
               by "a more liberal and responsible form of Government" party
               Government on the model of Great Britain or her more advanced
               Colonies be meant, I have no
hesitation
 hesitation in saying that in Vancouver
               Island the elements of such a form of Government have never existed
               and are not likely in my opinion to be found for many years to come.
               
               10.  Paragraph 7.  It is true that the Legislative Council have
               rejected measures passed by the Assembly or having modified them they
               have been rejected by the Assembly.  The time of the Assembly with no
               representative of the Executive Government to assist in its
deliberations
               deliberations has been chiefly occupied in useless discussions and in
               passing Bills which never could without much modification have
               received the Confirmation of Her Majesty.
               
               The rejection of the Volunteer Bill and the recent rejection for the
               second time of the Postal Bill by the Assembly after passing the
               Legislative Council are instances in which the complaint of that Body
               against the Legislative Council might be directed with all the force
               of truth against itself.
The
  The Members of the Legislative Council are
               directly responsible to the Crown but I am compelled to say that the
               Members of the Assembly so far as my experience of that Body has
               extended, have not evinced any sense of responsiblity to their
               constituents, to each other, or to their Sovereign.  The instance or
               instances in which the Governor has refused "to grant necessary
               information" are not detailed and the assertion to that effect does
               not require comment beyond
stating
 stating that so far as I am concerned I
               have always readily granted "necessary information to the Assembly on
               matters affecting the vital interests of the Colony" so far as it has
               been within my power to do so.
               
               11.  Paragraph 8.  The control of the "manner and amount of the
               taxation and expenditure" has unfortunately been too much left to the
               Assembly and the result has been financial confusion and
               embarrassment.  As regards the
salary
 salary of the Governor of this Colony
               I beg to refer you to my Despatch N
o 27 dated 
4th May 1865.  A
               Government House is now maintained here but not "at great expense" to
               the Colony—some of the expenses which should properly be charged to
               the public are now defrayed by the Governor.  The words "each has a
               Private Secretary" appear from the context to be intended to convey
               the idea of a public charge, the fact being that the Assembly have
               refused to vote the salary of the Private Secretary of the Governor
of
               of this Colony.
               
               12.  Paragraph 9.  If it be not premature to discuss a civil list for
               the united Colonies I am prepared to show that the amounts proposed
               are very inadequate.
               
            
            
               13.  Paragraph 10.  This is a matter of hypothesis which Her
               Majesty's Government will know how to deal with in a proper manner.
               
            
            
               14.  Paragraphs 11 and 12.  The representative Institutions of
               
Vancouver Island do not give much earnest of better things from
               similar institutions in the united
Colonies
 Colonies.  "An economical
               Government" would doubtless be advantageous.  The scheme of opening
               the communication across the 
Rocky Mountains may be of great
               advantage as the interior of 
British Columbia becomes settled and
               opened up.
               
               15.  Paragraphs 13 to 16.  I have earnestly advocated the
               establishment of a British line of steamers between this Colony and
               
Panama but the Assembly have hitherto interposed insurmountable
               obstacles in the way
by
 by refusing to vote a sufficient subsidy, and by
               the rejection of a postal law besides the barrier which the
               uncertainty of the continuance or repetition of votes of subsidies
               has presented to any Company contemplating the establishment of such
               a line.  The suggestion of the importance of establishing efficient
               and regular postal communication with the Mother Country has until
               the present time been treated with neglect and indifference by the
               Assembly.
I
  I have not been without hopes that a subsidy of such an
               amount as the two Colonies could have afforded would, with a due
               assurance of permanence, have led Her Majesty's Government to
               consider favourably a proposal to increase that subsidy to such an
               amount as would have induced a responsible company to undertake the
               service.
               
               16.  Paragraph 16.  The large sums referred to in this paragraph as
               being now paid to keep up a connection with 
California cannot
be
 be
               considered as part of a steady and determined scheme of communication
               with the Mother Country although in fact that connection involves a
               portion of the whole route.  The "large sums" are being expensed for
               the purpose (proper and useful in itself) of attracting the traffic
               expected to arise this year to a new gold field on the 
Upper Columbia
                  River, through 
Victoria and by way of the 
Fraser River rather than
               allowing it to pass through United States Territory.
               
 
            
            
               17.  Paragraph 17.  I believe the natural resources of these Colonies
               to be such as with sufficient development would secure lasting
               prosperity to both.
               
            
            
               18.  I cannot conclude without drawing your attention to the fact
               that this Memorial is the result of several secret sittings of the
               Assembly and that I am therefore in utter ignorance of the number of
               Members from whom it emanates and of the degree of unanimity with
               which it
was
 was adopted and I think looking at the recent instances in
               which matters of importance have been discussed in a thin House and
               earned by a narrow majority it is a matter for regret that I am not
               able to afford you any information on this point.
               
               I have the honor to be,
               Sir,
               Your most obedient Servant
               
A.E. Kennedy
               Governor
               
               Minutes by CO staff
               
                
                  
                  Sir F. Rogers
                     I should say that there is no necessity now for doing anything more
                     than instructing the Governor to inform the H. Assembly that the
                     Petition has been laid before 
the Queen, and thanking the Governor
                     for the comments which he has made upon that Petition.
                     
 
                  
                  
                     This despatch is an abundant proof, had any more proof been
                     necessary, of the urgent need of suppressing this mockery of
                     representative Institutions.
                     
                  
                  
                   
                  
                  
                     Mr Elliot
                     It seems to me doubtful which of these dphes (i.e. this and 7605)

                     should be treated so summarily as 
Mr Blackwood proposes.  But I am
                     not sufficiently familiar with the politics of these colonies to
                     judge & with
t an examination 
wh it is too late for me to give I
                     must therefore leave the papers for you with this observation.
                     
 
                  
                  
                     I understand that the recent act has been passed on the understanding
                     that 
V.C.I. was ready to give up its free institutions in
                     consideration of being united with 
B.C.  But now the Assembly has
                     passed Resolutions virtually negativing this understanding—& have
                     asked the Gov. to telegraph them in time to stop the Parliamentary
                     action based on the previous understanding.  This the 
Govr has
                     refused to do (rightly enough I dare say) & the Resolutions reach us
                     too late to stop the Act of Parl
t—but not too late to stop the
                     Proclamation of Union issuable under it.
                     
                     It seems to me that this state of things calls for a somewhat careful
                     dph in vindication of the policy of the Home 
Govt in proceeding to
                     unite the Colonies under one Crown Legislature & (if so decided)
                     appointing a Governor with

 5000£ a year.
                     
 
                  
                  Sir F. Rogers
                     By an accident which I greatly lament, these two 
Vancouver despatches
                     were laid aside in the pressure of urgent matters during the last six
                     weeks.  The leading facts are as follows.  In 
March, 1865, the
                     Assembly begged for an Union with 
B. Columbia under any Constitution
                     that H.M
s Govt would grant.
                     
 
                  
                  
                     In Decr 1865 the Assembly adhered to the desire for Union, and did
                     not retract its former Resolution, although it expressed a preference
                     for Responsible Government and Representative Institutions.
                     
                  
                  
                     Therefore the Bill for Union was brought into the Imperial Parliament.
                     
                  
                  
                     In the mean while the 
Vancouver Assembly passed a Resolution in 
June
                        1866 (printed copy with 7605) repeating their desire for Union,

 under
                     a Constitution giving representation to the people.  The Governor
                     refused to telegraph this, whereupon the Assembly itself telegraphed
                     it.  The telegram is annexed with 
Lord Carnarvon's minute for not
                     acting on an irregular communication of this kind.  
Mr Blackwood
                     tells me that the late House of Assembly has expired in the course of
                     the summer by lapse of time.
                     
                     It seems to me that the answer is that the Union having been
                     repeatedly urged by the Assembly and agreed to by the Council (this
                     is to be verified) and the Assembly never having retracted its
                     original resolution under any constitution which H. M's Govt might
                     grant, although it did at later dates express its own preference for
                     representative institutions, the Imperial Government have passed
                     through parliament that measure which appeared to it best adapted to
                     the purpose.
                     
                  
                  
                   
                  
                  
                     Lord Carnarvon
                     You will remember all that made it seem, as it doubly proves
                     absolutely necessary to unite at once these Col
s & the entire
                     impossibility of representative 
Govt for 
B.C. with its shifting
                     population of Golddiggers.
                     
 
                  
                  
                     Would you not therefore, in acknowledging this Memorial of the 
VCI
                     Assembly only, say that their repeated application for immediate
                     Union in accordance as it was with the views of all other branches of
                     both Legislatures & with the views of the Gov at home—as urgently
                     necessary for economy & concert had been acceded to by the Imp Parl
t
                     though the subsequently attached Condition of Representative 
Govt,
                     had been found wholly impracticable for the two united?
                     
 
                  
                  
                     This will require careful consideration.  I s
d wish to see 
Sir F.
                        Rogers on the point.
                     
 
            
            
               Documents enclosed with the main document (not transcribed)
               
                
                  
                  
                     Memorial, Legislative Assembly to the 
Queen, 
22 June 1866,
                     reiterating their desire for union of the two colonies, but
                     qualifying this position with a number of conditions
                     including the maintenance of representative institutions,
                     signed by 
J.S. Helmcken, Speaker (ten pages).