<persName ref="prs:philimore"><surname>Philimore</surname>, <forename>Robert</forename></persName> to <persName ref="prs:cardwell"><surname>Cardwell</surname>, <forename>Edward</forename></persName> 4 October 1865, CO 60:23, no. 9598, 109. Phillimore addressee Cardwell

Published by Jim Hendrickson and the University of Victoria.

Philimore, Robert to Cardwell, Edward 4 October 1865, CO 60:23, no. 9598, 109.The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.6, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/B655LW02.html. CO 60:23 CO 60 23 9598 109 B.C. 1865 received 4 October co_60_23_00110r.jpg Transcribed from microfilm archives, marked up in Waterloo Script, then transformed into TEI P5 XML.

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Philimore, Robert to Cardwell, Edward 4 October 1865, CO 60:23, no. 9598, 109.

Public Offices document. Minutes (2), Other documents (1).

 Philimore, Robert
Doctors Commons
Cardwell, Edward Inserted revisionDesc.
Phillimore to Cardwell 9598, CO 60/23, p. 109; received 4 October
Doctors Commons
4th October 1865 Sir,

I am honoured with Your commands, signified in Sir F. Rogers' Letter of the 27th Ultimo, stating that he was directed to transmit to me an Ordinance passed by the Legislature of British Columbia entitled "No 21—An Ordinance respecting Marriages in British Columbia," together with the local Attorney General's Report thereon; and Sir F. Rogers was pleased to request that Iwould would furnish you with my opinion, whether this Ordinance may properly be confirmed by Her Majesty.

In obedience to Your commands, I have taken these papers into consideration, and have the honour to Report,

That in the opinion of the Attorney General of Columbia it is stated that there is "a large Indian Community in this Colony." The Act speaks of "Ministers" and "Religious denominations," and expressly excludes from its operations Jews and Quakers. I am notsure sure whether it is intended to include Indians within the provisions of this Statute, and to permit them to be married before the Registrar. But such would I think be the effect of the Statute.

Looking to the 17th Clause, it is difficult to say that the effect of this Statute would not be to render invalid for the future all Marriages celebrated by Native Indians among themselves. I think it would be expedient to ascertain whether this point has been considered by the Legislature of Columbia before the Act be confirmed by Her Majesty.

I have the honor to be, Sir, Your most obedient, humble Servant, Robert Phillimore
Sir F. Rogers ABd 4 Oct
I wdwould write that before submitting this Act for HM's confn Mr C. wdwould be glad to learn what is its intended effect upon the Indian population some of whom appear to be under Christian teaching—and that Mr C. wdwould suggest that this Act shdshould be made clear in this respect. Also (I think, though the QA does not suggest it) that the Lr shdshould be invited to consider whether it will not be difficult to secure any efficient notice of marriage beforehand or any proper record subsequently, if they may be celebrated and the banns published in any place calling itself a place of worship and whether therefore it wdwould not be wise to require that these ceremonies shdshould take place in some place of worship licensed for the celebration of marriages. FR 5/10 EC 7
Draft reply, Cardwell to Seymour, No. 81, 12 October 1865.