No. 9, Legislative
[4048, CO 60/18, p. 47; received 30 April
]
29 February 1864
My Lord Duke,
I have the honor of transmitting the following Ordinances, with
the accompanying reports, for Her Majesty's approval viz—
No 1 "An Ordinance to promote the Drainage of Mines"
No 2
No 2 "An Ordinance confirming certain Proclamations"
No 3 "An Ordinance to apply the sum of One Hundred
and thirty five thousand six hundred and thirty nine pounds
Sixteen Shillings and seven pence Sterling
(£135,639.16.7) out of the General Revenue of the Colony of British
Columbia and its Dependencies to the service of the year 1864"
No 4 "An Ordinance to extendand and improve the Laws
relating to Gold Mining"
No 5 "An Ordinance for the construction of a Toll
Bridge across Thompson River"
2. No 1. To promote the Drainage of Mines. The
object of the Ordinance is to promote a species
of enterprise essential to the progress of Carribou. There
is generally throughout that District a great flowof of
water into the Shafts and the working expenses are in
consequence greatly enhanced by the cost of constantly
employing a number of hands at the present high rate of
wages, say 10 dollars a day to Keep the
shafts free and in a workable state.
This ordinance authorizes the introduction of a system
which will effect that object, at a much smallercost cost
by means of subterranean Drains, carried on the bed rock
underlying the deepest Shafts, with such gradients, as
will lead off the water—by its own gravity—and empowers
the Gold Commissioner to grant such rights and privileges
as may induce people to embark in such undertakings. This
measure has been strongly recommendedby by the great body of
the Mining population and will be of incalculable advantage
to the country at large; as independently of the direct
saving in the working expenses, it will effect, by the
cheapest process, the thorough drainage of Mines now almost
valueless from the excessive flow of water, and render others
uniformly productive, which are now workable only fora a
few Months in the year.
3. No 2 Confirming certain Proclamations was passed
in conformity with the instructions in Your Grace's Despatch
No 35 of the 14th July last, to remove doubts as to the
validity of proclamations issued in the interval between
the passage of the Order-in-Council of the 11th day of
June 1863 revoking the Order-in-Council of the 2nd day
of September 1858 and the opening of theLegislative Legislative Council
at New Westminster on the twenty first day of January last.
No 3 Is a Bill providing for the current expenditure of
the year.
No 4 To extend and improve the Laws relating to Mining.
Contains many useful and necessary provisions for the
working of the Gold Fields; it grantssome some additional
privileges to Miners, by increasing the number of claims
that can be acquired and legally held at one time by
occupation and working, and recognizes their right to
all the Gold in duly acquired Claims. It sanctions the
sale or Mortgage of Mining Claims provided the full
consideration paid, be stated in the Deedand and a fee of
one per cent on the amount of that consideration be
paid to the Gold Commissioner for the use of Her Majesty.
The mutation Fee will I believe yield a large amount
of Revenue without oppression to the Miner, who will be
largely benefited by the increased security given to property
under the present act, which will greatly add to its marketable
value; this is in fact merely carryingout out the plan which I
had the honour of laying before Your Grace, in the 9th
Paragraph of my Despatch Separate of the 13th November last.
No 5 "For the construction of a Toll Bridge across Thompsons
River;" a broad and rapid Stream, where a Bridge is much
required for the accommodation of the public. The actcontains
contains only the ordinary provisions for the levying of
tolls &c usual in such cases.
I would further beg to refer Your Grace to the
accompanying Reports from the Attorney General.
I have the honor to be
My Lord Duke,
Your Graces most obedient
Humble Servant
James Douglas
Sanction, except No 3 whwhich I suppose shdshould be referred
to the Treasury.
I am glad that No 2 is fairly passed.
I think the practical reform of B. Columbia legislation
under Mr Douglas has all along been very creditable to him.
Whatever may be his faults he has never allowed the material
advancement of the Colony to be obstructed by deficits in the
state of the Law. And this is no small praise in a rapidly
advancing community.
As to No 3 there is an absurd phrase "in Parliament
assented" whwhich shdshould not be repeated. It shdshould be
pointed out to Mr Seymour that a Legislative Council is not
a Parliament and that in future Laws this phraseology should
be avoided. Otherwise I see no legal objection to the Law.
Whether there is any objection to the financial arrangement is a
matter for consn with Mr Elliot—the department & the Treasury.
But this may be a proper occasion for considering whether
& to what extent the B.C. finance should be controlled by the Treasury.
B.C. is a Crown Colony only because it is impossible to
frame the details of a representative system in a Country
so anomalously occupied; and the present Council is a
contrivance for giving virtual witht technical representation.
Ought it not therefore to have the independence whwhich is enjoyed
in respect of finances by Vancouvers Island?
I shdshould be disposed to suggest to the Treasury that
although it mt be advisable for some time longer to retain in B.C. the system of Imperial Audit, Mr C. was of opinion that
the principle of representation has virtually introduced the
control the financial arrangement of B. Columbia should be
treated as much as possible upon the footing of those in Colonies
having representative institutions & that no objeciton, shdshould
be raised by the Home GovtGovernment except in the case of some
very manifest violation of principle.
Indeed it mt be better to suggest that even the form
of reference to the Treasy shdshould be dispensed with.
FR
4/5