Separate
[5725, CO 305/22, p. 167; received 20 June
]
5th May 1864
My Lord Duke,
I have the honor to transmit the copy of Resolutions of the House of
Assembly of Vancouver Island which were transmitted to your Grace in
my Predecessor's despatch No. 3, Legislative, dated 12th Feby 1864.
2. The circumstances connected with the passage and transmission of
these Resolutions appeared to me so unusual that I deemed it my duty
to supply what I conceived to be an important omission before they
could be advantageously orregularly regularly submitted to Your Grace.
3. I therefore brought the Resolutions under the notice of my
Executive Council in the Minute, marked No. 2, and subsequently with
their unanimous concurrence I transmitted them for the consideration
and opinion of the Legislative Council (to whom they had not
previously been submitted), with the message marked No. 3.
4. The Reply to this latter Message is herewith, marked, No. 4.
I also enclose newspaper copies of the Debates of the Legislative
Council on this subject, which you will observe was brought under
consideration on the 11th April, and the decision only arrived at on
the 3rd May andcommunicated communicated to me this day (5th May).
5. My principal object in the present Despatch is to place the
proceedings of the Local Legislature before Her Majesty's Government
without delay.
6. These proceedings appear to me to be singularly anomalous and
inconsistent, involving some questions upon which I am unwilling to
offer a hasty opinion.
7. I do not think I am overstating the case, when I assume that
the Local Legislature of this Colony are desirous of securing the
benefit of good Government without the burden of providing for the
cost of it,
[*](#marg1)
as
as the conditions under which they profess to desire re-union with
the Sister Colony render such a consummation impracticable.
8. The Legislature has been in Session since the Month of September
1863, and I do not apprehend that any beneficial result would accrue
from again submitting the subject, in any form, for consideration
during the present Session. It is therefore my intention to prorogue
the Assembly as soon as the dilatory manner in which the Public
business is transacted will permit.
9. It will appear on reference to the accompanying Estimates,
approved and assented to by my Predecessor,that that the Legislative
Assembly, though convened in September 1863, deferred voting the
Supplies till the 3rd March 1864, or two months after the period
from which they were to take effect; and that, while they ignore, and
strike out, many items in the Civil List, they deal with various
items of "Crown Revenue" as assets for General Colonial purposes.
[**](#marg2)
10. As an illustration of the complications which the action of the
Assembly must eventually produce, I may point to the fact that the
"Treasurer's" Salary is struck out of the Estimates, though nine
tenths of that officer's duty consists in the receiving and
disbursing andaccounting accounting for, the General Revenue raised by
taxation. The same observation applies with more or less force to
every officer whose Salary has been struck out of the Estimates.
11. My short experience in this Colony renders me diffident in
offering any very decided opinion; but I cannot refrain from
expressing my convictions that the resources of this Colony, properly
administered, are ample to meet all reasonable demands, such as
proposed in Your Grace's despatch (Separate, dated 15th June 1863)
and that the present mode of raising Revenue is crude, unproductive,
and inequitable.
[***](#marg3)
12. While
12. While I feel it my imperative duty to administer the Laws and
Government as Established, I cannot suppress my belief that the
separation of this Colony from British Columbia will prove a great
misfortune to both. I have made no secret of this opinion, and I am
so thoroughly impressed with the great importance of re-union for the
ultimate interest of both Colonies, that I will most cheerfully
relinquish the Office I hold the moment it can be effected. I lean
to the belief that personal rather than public interests have caused
the Separation, to which Your Grace reluctantly assented.
13. I
13. I venture to predict that a re-union, if it do take place,
will effect a very trifling saving on the Civil Lists of the Colonies
as Your Grace has proposed them.
14. It is unnecessary for me to offer any lengthened comment upon
the Resolutions now adopted by both branches of the Legislature: any
action taken in the direction of a Union, must be in accordance with
the wishes and interests of the people of both Colonies, and I
therefore look upon this appeal to Your Grace as a simple waste of
time which can effect nothing.
15. I enclose a newspaper extract from the proceedings of the
Legislatureof of British Columbia bearing upon this subject.
16. I will only add, in conclusion, that I differ widely from the
arguments and alleged facts addressed by the Majority of the
Legislative Council, both of which are in my opinion very fallacious
and exaggerated.
I have the honor to be
My Lord Duke
Your Graces very obedient
humble Servant
A.E. Kennedy
Governor
Mr Elliot
I have little to say on this important despatch except that I fully
agree in the Governor's views. My confident persuasion is that if
the Legislature choses to go the right way to work there are ample
resources in the Colony to provide for a Civil Establishment and its
general expenditure. But they do not wish to pay a six pence more
than they can help. The Duke of Newcastle decided, after a very long
consideration, to give the Governor £3000 a year—which is no more
than is enough in a very expensive place. You proposed—see draft
desphdespatch 15 June/63—in consultation with myself the other salaries on
the Civil List. I still think these salaries reasonable. The amount
is £5800, with a possible addition of £400 in the event of a Lawyer
being selected for the C. Justiceship. The sum voted in former
years was [one line cut off microfilm]
sales—rents—fines—forfeitures—fees, & miscellaneous (which I
contend are
Crown revenue)
the amount at the Crown's disposal is 46640 dollars = £9716.13.4.
Deduct the Civil List we have asked for £5800 from the above
(£9716.13.4 - 5800.0.0 = £3916.13.4) and a margin remains of
£3916.13.4. You will observe that in par: 9 the GovrGovernor says that the
Assembly are applying various items of Crown Revenue to general
colonial purposes—which corroborates the statements I have made on
previous occasions.
With respect to the Union of V.C.Isld with B.C. that question must
stand over until the report is received from GovrGovernor Seymour on this
subject, which orally & by desp. he was directed to make.
ABd
23 June/64
Vancouver Civil List, and differences
with the Assembly
Within is a Precis by Mr Ebden of the present state of the case
about the refusal of the Assembly in Vancouver Island to provide for
certain salaries and certain expenses of the Governor. He also gives
a list of the despatches on the subject which are awaiting answer:
and he mentions that the Assembly, whilst they have not agreed with
the Government upon the terms on which the Crown Revenue might be
surrendered, have nevertheless treated that Crown Revenue as part of
the ways and means under their own control.
There is an accumulated balance of the Crown Revenue meanwhile of
about £5400.
My opinion continues to be, as it was expressed in the minutes on the
dispatches, that the Governor should be authorized to pay out of that
balance the salary and passage allowance of his Private Secretary
[marginal note: See enclosures in 5470], and also his Hotel expenses
and the rent of his house. It is true that the balance will not last
for ever, but I should spend it as far as it goes and as long as it
will last upon those objects which the Government at home may
consider in themselves reasonable.
I should most decidedly and peremptorily prevent the Assembly from
touching one farthing of the Crown Revenue until they come to terms.
If we respect their rights, as we are bound to do, they must also
respect ours.
TFE
19 July
Mr Elliot
In a despatch from the Secretary of State of the 15th of June 1863
the following civil list was proposed for Vancouver I
Governor . . . . . . . £3000
Chief Justice . . . . 800 (to be raised to £1200
on appt. of a lawyer)
Colonial Secretary . . 600
Attorney General . . . 300 with practice
Treasurer . . . . . . 600
Surveyor General . . . 500
5800
When this list was voted and the initiation of money votes reserved
to GovtGovernment the Crown Revenue was to be held at the disposal of the
Colonial Legislature. In a despatch of the 12th of February 1864
(2905) Sir James Douglas reported that the House of Assembly had
declined to vote these salaries. In consequence a despatch dated the
30th of April (2905) was addressed to Governor Kennedy authorising
him for the present to appropriate from the Land Revenue
[*](#marg4)
and such other Revenue as might be at the disposal of the Crown £3000
for the Governor and £600 for the Colonial Secretary. The other
officers were left to the mercy of the Colonial Legislature. This
was the last step on the part of the Colonial office.
There have since been received from Governor Kennedy the following
despatches written before he can have received Mr Cardwell's
despatch of the 20th April.
1. A despatch of the 14th of April (5470) reporting that the House
of Assembly had struck out of the estimates, without substituting any
other provision, the salaries proposed by the Duke of Newcastle and
submitted by Sir James Douglas: and further that the House of
Assembly had refused to provide a House
[**](#marg5)
for the Governor as well as salary and passage allowance for his
private Secretary. The House in their resolutions shewed a tendency
to throw such charges entirely upon Crown Revenues.
2. A despatch of the same date (5471) reporting that there was in
the Treasurers hands £5423 the balance of Crown Revenue—and asking
leave to defray from this source his heavy hotel expenses and the
rent of a small house which he had at last succeeded in securing.
3. A despatch of the 27th of April (5480) again enclosing a copy of
the estimates and reporting that he should draw his salary from the
Crown Fund
[***](#marg6)
just mentioned, that his Predecessor had authorised the Treasurer to
pay from the same source the other salaries at the old rates. He at
the same time asked leave for paying from the same source the said
"other salaries" at the proposed new rates together with £200 to £350
a year to his private secretary whom he found indispensable. He
concludes by expressing a belief that finally the proposed civil list
will be adopted.
[****](#marg7)
(That list however does not include a private Secretary or a
Governors house.)
4. A despatch of the 5th of May 1864 (5725). In this despatch the
Governor transmits the Resolution of the House of Assembly already
forwarded by Sir Jas. Douglas on the 12th of Feby, together with a
Resolution of the Legislative Council dated the 3rd of May.
In the former (ie. the Resolution of the H of A) the civil list is
refused, with the offer however, in the event of an union between the
two colonies with one civil establishment, to contribute 1/3 of the
sum contributed by B. Columbia for its support. This looks very like
an attempt to force an union.
The Legislative Council agrees with the House of Assembly and denies
that the Land Revenue is an equivalent for the required civil list.
Mr Kennedy differs from both in thinking the Revenue adequate to
meet the demand made upon it in the civil list. He also observes
that the H. of A. in their estimates (to which Sir J. Douglas has
assented) whilst rejecting the civil list nevertheless deal with
Crown Revenue as an asset for general colonial purposes, which seems
preposterous and, if acquiesced in, would I imagine affect the
possibility of paying any salaries at all out of that Revenue.
RE
N.B. These four despatches have yet to be answered.
Vancouver Island. 5470, 5471, 5480, 5725.
What is the sum at the disposal of the Crown?
Estimate for 1864
$ £ £
Land Sales 31,912 6,648 1/3
Land Revenue 1,528 318 1/3 6,966 2/3
Fines, Forfeitures & Fees 9,000 1,875
Fees of office 4,000 833 1/3
Miscellaneous 200 41 2/3 2,750
_________________________________
$46,640 £9,716 2/3
Are the last three items Crown revenue? Consult Treasury?
As to the first two: the Land Sales in 1863 amounted to £4,500.
The Legislative Assembly believes that in future years the Revenue
from this source will be less [marginal note: Gov. Kennedy 5 May
5725]. The Legislative Council believes it will be
nil: having resolved (with reason given)
that the Public Lands of the Crown and the Crown Royalties do not and
cannot be expected to produce any Revenue.
The Governor believes that "their arguments and facts are very
fallacious and exaggerated", that the resources of the
Colony, properly administered, are ample to meet all reasonable
demands, such as the proposed Civil List, but "that the present mode
of raising Revenue is crude, unproductive, and inequitable".
Thus,
the annual Crown revenue is uncertain.
But "there is at present an
unexpended Balance of £5,423 accruing from Crown revenue,
in the Treasurer's hands". [Marginal note: Gov. Kennedy 14
April 5471.] It is not clear whether this is surplus of 1863, or
revenue of 1864, or partly one partly the other.
2. Charges already sanctioned. [Marginal note: but these
only authorize the 1st quarter's payment].
£ £
By despatch ) Governor 3,000
30 April ) Col. SecycompanySecretary 600
3,600
old rates new rates
By warrants ) Chief Justice 808 800
issued by ) AttyAttorney GenlGeneral 303 300
Sir J.Douglas ) Treasurer 505 600
) Surveyor 404 500
2,020
_____
£5,620
3. Remaining Claims.
Treasurer (increase) 95
Surveyor " 96
Private SecycompanySecretary 250 or 350
Governor's Residence
(11 months at 150$) 343 3/4
Do "outlay for want of
a house" (3 weeks at
$200) 125
____
(say) £910 or £1,010
(Private Secy's passage refused 6 Jan. 1865. See enclosure (3)
5470).
4. As to the
increase of Salaries, the GovrGovernor
has been informed (1 Aug. 1864) that it cannot be sanctioned without
sufft security that funds, not merely arising from accumulated
balances, but from the revenue annually accruing to the Crown or the
Colonial Treasury, will be forthcoming to meet the charges, wh. wdwould
be thus created.
This leaves only the questions of Private Secretary & Governor's
Residence, for decision.
Private Secretary
The D. of Newcastle (11 Sept. 1863) was
clearly of opinion that you ought to have a P.S. for whom £250 wdwould be
a very proper provision…. In handing over to the Legre the Crown
revenue, you will be at liberty to urge upon them the propriety of
making this provision on the Civil List, and in case it shall be
made, or on the chance of their making it, to select for yourself a
P. Secy.companySecretary
Gov. Kennedy writes (27 April 1864)
The whole staff of the Colonial Secy's office consists of one clerk:
and the Governor is wholly without clerical assistance of any
kind. I have, under these circumstances, been compelled to employ a
gentleman as my Private SecycompanySecretary and I wdwould request your Grace's
authority to pay him at the rate of £300 or £350 per annum out of the
Crown revenues. The latter sum, having regard to the very high cost of
living, is, in my opinion, the minimum upon wh. a gentleman can exist.
Governor's Residence
The D. of Newcastle (16 Sept. 1863) writes
The duty of providing the GovrGovernor with adequate house accommodation
devolves upon all colonial communities, and I entertain no doubt that
the H. of Assembly of V.C.Id will cheerfully respond to yr
application on the subject.
Pending the erection of the house, the D. of N. authorizes you to
engage a suitable residence, the rent for wh. will have to be
defrayed by the Colony.
GovrGovernor Kennedy (14 April 5471) has taken a small house at 150$ per
month for eleven months from 16th April. Before this, he was
compelled to reside three weeks (from Mar. 25) in an hotel, where his
Board and Lodging cost more than 200$ per week.
He proposes to charge against the "unexpended Balance of £5,423" the
house rent, subject to approval, and inquires whether he "may be
reimbursed from the same source for the serious outlay I have
incurred for want of a House up to this time".
If this last request is to be granted, it might be done by allowing
twelve, instead of eleven months house rent, at 150$, making £375.
GovrGovernor Kennedy appealed to the Assembly for the cost of his residence
and the salary & passage money of his P. Secretary [marginal note:
See enclosures (2) and (3) in 5470 (14 April)]. In both cases they
declined to act before knowing the result of the address wh. they
have forwarded proposing terms of union (as regards Civil List) with
B. Columbia.
No answer can be given to the address, till Govrs Kennedy and
Seymour have replied to the despatch of 30 April, requesting their
opinions on the question of union.
CSP
11 Aug.
Acquaint Governor Kennedy that his request for his house rent, for
some allowance on account of that part [of] his Hotel expenses which
has been incurred by reason of his not having a House provided for
him, & for a Private Secretary are all admitted to be in their nature
reasonable: but that so far as appears at present the payments
already authorized are as great as the Crown Revenues will suffice to
pay. That I regret therefore my inability at present to sanction any
further charge. [I] request that he will lose no time in
transmitting [the] fullest information in his power, as to the Crown
Revenue, ie the balance now in hand, the payments which by reason of
contracts already entered into are [certain to]
be paid to the Crown, & the estimated receipts of future land sales.
And also assuming B. Columbia to be unwilling to enter into the
proposed arrangement for a reunion as to the prospect of his
Legislature making proper arrangements for the future conduct of the
Government.
EC
11 August