Published by Jim Hendrickson and the University of Victoria.
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Despatch from London. Enclosures (untranscribed) (4).
Enclosed is the Act to Amend the Constitution of the
By the Commission and Instructions which your Predecessor
2. I am aware that the same Commission contains another clause
professing to empower the Governor to make such laws with the advice of
his Council only. Perhaps this was introduced with the view of creating
a legislature to meet the immediate wants of the Community, before
Assemblies could be summoned. But I am convinced as well by the general
tenor of the documents themselves as by the information which I have
been able to obtain of the intention of Her Majesty's Government in
3. Causes over which the local Government had no control, and
which are too well known to need recapitulation, have hitherto prevented
the Settlement from acquiring that developement which its founders may
have expected. Considering the small number of established Colonists,
you thought it advisable to act on the power apparently given to
yourself to conduct the affairs of
4. Nevertheless it has been doubted by Authorities conversant in
the principles of Colonial Law, whether The Crown can legally convey
authority to make Laws in a Settlement founded by Englishmen, even for a
temporary
5. It appears to Her Majesty's Government therefore that steps
should be taken at once for the establishment of the only Legislature
authorized by the present constitution of
6. For this purpose it will be within you power as provided by the ninth clause of your Instructions, to fix the number of Representatives, and if you should consider it essential, to divide the Colony into Districts and to establish separate polling places, although with so small a number of settlers you may find this inexpedient.
7. I leave it to your local knowledge and discretion, with the
advice of your Council to suggest to the Assembly when thus summoned to
pass such measures as you may yourself
8. But it appears to me that in a Community containing so very
limited a number of inhabitants the maintenance of a Constitution of the
model of those of Considerable Colonies, with a House of Representatives
and a Council, may be inexpedient: and that a smaller and more select
body, will for the present, and probably
9. Such a body however can be constituted only by enactment of the Legislature authorized by the Commission, that is to say of the Assembly and Council together with Yourself.
It would be no unusual circumstance for a Legislature thus
constituted to surrender its powers into the hands of a single Chamber.
It has been successfully done in some of
10. I leave it to yourself to consider, with the advice of the
local authorities, the numbers and proper qualification of the members
of such a single Council, but in the event of your determining to
introduce the Elective principle into it, a certain proportion, not less
than one third, should be nominated by the Crown. The power of
assenting to, or negativing, or suspending for the assent of the Crown,
the measures passed by such a Council, should be distinctly reserved to
yourself. And it is very essential that
11. An additional reason in favor of the course which I now
prescribe (namely that of calling together the Assembly, and then, if
the Legislature so created think proper, establishing a simpler form of
Government) is to be found in the circumstances that the relations of
the
12. I am aware that Her Majesty's Government are imposing on you a
task of some difficulty as well as responsibility in giving you these
Instructions, especially as they have to be carried into execution with
so small an amount of assistance as the present circumstances of your
Settlement
But I have every reason to rely on your abilities and public spirit: and you may on your part rely on the continuance of such assistance and support as Her Majesty's Government can render you, and on their making full allowance for the pecularities of your position.