Published by Jim Hendrickson and the University of Victoria.
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Despatch to London. Minutes (6), Enclosures (untranscribed) (1), Other documents (3), Marginalia (3).
Magistrates,
then reports on, among other points, judiciary matters, alcohol costs and licence duties, and the appointment of
In the tangle of minutes, ordinary principle[s]
of British colony taxation.
Of the four documents included with Lord President,
that asks that
I have been lately engaged with the aid and advice of Council, in carrying into effect certain measures for the better Government of this Colony, and I have now the honor of transmitting to your Grace, minutes of those proceedings.
2. The first measure recorded in the Minutes, is the appointment
of the following persons as resident Magistrates in each of the several
Districts of this Colony, except t
Pending Her Majesty's approval of those appointments I have issued to each of those gentlemen severally, an acting commission, as Magistrate, and Justice of the Peace, under which they will exercise the Powers belonging to that office, until a regular Commission of the Peace is received from England. *
3. Your Grace will observe by the accompanying Minutes, that we
have decided on dispensing, in the appointment of Justices of the Peace,
with the qualification as to estate, required by the Act of Parliament,
and that we have also authorised the said Magistrates to make a charge
for their services, in all civil cases only, at the rate of twenty
shillings a day, to be paid by the parties at issue, as part costs of
suit, the reason in both cases for doing so being the
4. The measure that next occupied the attention of Council was the imposition of a Licence duty on Inns, Ale and Beer Houses, within the Colony.
The duty on such Licences will appear to your Grace, unusually
large, as compared with the Licence duties charged in England, but that
impression will be modified, when I inform your Grace, that neither
customs nor excise duties, nor any public burdens whatever are borne by
the Colonists of
By a return received from the Collector of this Port it appears
that the imports of spirituous liquors for the six months, ending on the
st day of April last
Taking off that quantity none of which is sold to residents of this Colony, there remains 2703 Gallons of spirits, expended in three Licenced Ale Houses at this place, giving a monthly expenditure of 474 Gallons, which valued at the retail price of sevenpence half penny the glass, or Two pounds sterling a Gallon, gives the monthly sum of £948 or £11.376, per annum, expended by the labouring classes in the purchase of intoxicating drinks.
The Council coincided with me in opinion as to the propriety of taxing the owners of those houses in the only possible way within our power, and deverting a part of their ill gotten wealth to the benifit of the Colony.
5. That measure was fiercely opposed by the whole body of
publicans, aided by r James Cooper
The measure was however approved by all the better classes, and was carried notwithstanding the excitement and senseless outcry made against it by interested parties.
6. I do not suppose that the Duty on Licences, will put a stop to intemperance, but it will prove a check to a certain degree, and at least, deprive the tippler of a part of the means, he so unprofitably squanders, and that part will be applied to the erection of schools, and other useful institutions, to counteract in some measure the effects of his evil example. ***
7. The appropriation of the sum of £500, made for the erection of
a School house
8. I have only further to remark in reference to the Minutes of
Council now forwarded, that I have appointed re a
gentleman of probity and respectable character, and the largest land
holder on
2. The circes of t in respect to the qualification of
Payment to the Magistrates seems unavoidable.
3. I see that you rather doubt the authority of the Governor and Council to impose this license duty: (Vide 6314) but on referring to the R Commission & Instructions I do not perceive any prohibition against the levying of taxes by these Authorities. If the establishment of a Representative Assembly has to be waited for in this place before money can be raised it will be a long time before the ways & means will be found to enable the Colony to pay its' way. It is at present a burthen on the H.B. Company. But positive permissive power to raise money may be essential, & the absence of a prohibition insufficient.
4. Approve the provisional appointment of r Work
The Governor to be so instructed, & I think a precedent of a commission would be of use to him.
There is no occasion for him to maintain the qualification of estate, & he may be so informed.
r Work
As to the tax on licenses, I fear it is illegal. At least the
ordinary principle is that in a British colony taxation can only take
place through representation: & the constitution of