<persName ref="prs:kennedy_a"><surname>Kennedy</surname>, <forename>Arthur</forename></persName> to <persName ref="prs:cardwell"><surname>Cardwell</surname>, <forename>Edward</forename></persName> 13 July 1866, CO 305:29, no. 8306, 19. Kennedy addressee Cardwell

Published by Jim Hendrickson and the University of Victoria.

Kennedy, Arthur to Cardwell, Edward 13 July 1866, CO 305:29, no. 8306, 19.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/V66051.html. CO 305:29 CO 305 29 8306 19 51 Separate V.I. 1866 received 27 August co_305_29_00020r.jpg Transcribed from microfilm archives, marked up in Waterloo Script, then transformed into TEI P5 XML.

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Kennedy, Arthur to Cardwell, Edward 13 July 1866, CO 305:29, no. 8306, 19.

Despatch to London. Minutes (7), Enclosures (untranscribed) (4), Other documents (4).

 Kennedy, Arthur
[Mormon Green?] Dublin
Cardwell, Edward Inserted revisionDesc.
No. 51, Separate 8306, CO 305/29, p. 19; received 27 August 13th July 1866 Sir,

In compliance with the request contained in your Circular Despatch dated 10th June 1866 I have the honor to transmit a Return of oaths required to be taken in this Colony.

I regret the delay which has occurred in forwarding this Return which is owing partly to the lossof of your Circular Despatch by the wreck of the Mail Steamer "Brother Jonathan."

I have the honor to be, Sir, Your most obedient Servant A.E. Kennedy Governor
Mr Elliot Add to the other replies. I am going to make an analysis, the other answers to the circular having been already printed for Parliament. GG 27 Augt
G. Gairdner So proceed. TFE 27/8
[The following minutes entered in 1868:] Mr Monsell

The Act of 1868 has not been acted on.

What is necessary, I think, is to alter the Royal Instructions to future Governors substituting the new for the old oaths.

And to frame a circular dealing with the oaths of executive officals & judicial officers in General so as to reduce all the oaths set forth in PP 344/1866 to the two [other?] forms prescribed or maintained by the Act, or as near them as the nature of the case renders advisable. I have set this going.

How the matter has been dealt with in this office hitherto you will see by the annexed paper 5901—H. Kong.

If I might be allowed to say so—Sir C. [OL's?] proposed remedy for the evil whwhich he complains of—by a Circular to Governors (who in hypothesis have already taken the old oath) telling them they ought to take no oaths but the new ones, is a shooting rather behind the mark.

FR 3/4
Sir F. Rogers I think not—Sir C O'Loghlin wants the new oath to be promulgated in each colony, & considers the Governor the proper person, as I suppose he is, to do this. WM 3/4
I think Sir F.R. is right in his two proposals—the second will meet Sir J OL's wishes. G 5/4
[Mormon Green?] Dublin
30 March 1868 My Dear Monsell

You may remember I spoke to you the other night about the oaths now taken by Colonial Governors; you asked me to drop you a line on the subject.

I [think?] Colonial Governors continue to take the old offices [and?] oaths which we got rid of a Session or two ago, & I want you to have a Circular issued to all our Colonies, calling attention to recent legislation, & stating that Governors should now take no oath but the oath of allegiance, & any oath of office that any statute may require them to take.

In your office you can easily refer to the oaths Governors of our Australian Colonies &c are now required to take.

I do not [think?] Adderley did anything on the subject.

I am yours very truly John M O'Loghlin
Sir F. Rogers Vancouver Island Dispatch 8306/1868 [1865] relates to the question of oaths taken in the Colonies. It arrived after the replies of the other Colonies to the Circular had been laid before Parlt. The question at that time pending was what steps should be taken for regulating the form of Oath to be taken in the Colonies. It was decided to defer any action on that point until something should have been done in this country on the Report of the Commrs on oaths. See the Minutes on 5901 Hong Kong and particularly the Duke of Buckingham's of the 17 Sepr 1867.

In the course of last month an enquiry was made verbally at the Home Office, and it was not known there that any thing had been done in this Country. The Printed Report of the Oaths Commrs was dated in 1867 and there was much difference of opinion amongst the Commrs.

GG 29/3
See Promissory Oaths Act last Session for the UK 31/32 Vict c. 72 & Office & Oath Act 1867 30 & 31 V c. 75 for the UK. HTH
"A Return describing the Oaths taken in the Colony of Vancouver Island and its Dependencies, by the Governor, by the Members of the Executive Council, and by the Members of the Legislature," including the nature of the oath, in what form it was taken, and under what authority it was issued, signed by W.A.G. Young, Colonial Secretary.
"Form of the Oath of Office administered to the Governor upon taking office."
"Form of the Oath administered to Members of the Executive Council."
"Declaration as to qualification made by a Member of the Legislative Assembly upon taking his Seat."
Circular Despatch, Granville to Colonies not having Responsible Government, 8 May 1869, discussing the question of oaths and appending a schedule containing four oaths to be taken by government officials in the colony.
Circular Despatch, Granville to Colonies having Responsible Government, 8 May 1869, forwarding the circular as noted above and asking that they consider making "such amendments in the law and practice as may be required to carry out those views."
Granville to Governors of St. Helena, Gibralter and Heligoland, 8 May 1869, forwarding copy of the circular as noted above and asking that they make such legislative changes "as are requisite to carry out those views so far as they are applicable."