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Further papers relative to the union of British Columbia and Vancouver Island. (In continuation of papers… 1867

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   A   FURTHER   DESPATCH 
RELATIVE  TO 
THE  PROPOSED  UNION 
OF 
BRITISH COLUMBIA AND VANCOUVER ISLAND. 
(In continuation of Papers presented 31st May 1866.) 
Presented to both Houses of Parliament by Command of Her Majesty. 
25th June 1866. 
LONDON: 
PRINTED BY GEORGE EDWARD EYRE AND WILLIAM SPOTTISWOODE, 
PRINTERS TO THE QUEEN'S MOST EXCELLENT MAJESTY. 
FOR HER MAJESTY'S STATIONERY OFFICE. 
16077.
[Price 1/2d.]
1866.  ( 1 )
A    FURTHER   DESPATCH
RELATIVE TO
THE  PROPOSED   UNION
OF
BRITISH COLUMBIA AND VANCOUVER ISLAND.
(In continuation of Papers presented 3lst May 1866.)
Copy of a DESPATCH   from   the  Officer Administering the Government to
the Right Hon. Edward Cardwell,  M.P.
(No. 41.)
Sir, New Westminster, British Columbia, April 28, 1866.
(Received June 14, 1866.)
I have the honour to forward a memorial presented to me this day for transmission. The Municipal Council request me to forward their memorial by the mail
steamer leaving within a few hours. I am consequently unable to comment on the
several subjects brought forward. Mr. Seymour's presence in England will render this
of little importance.
2. Rumours are continually reaching this Colony of secret sessions of the Assembly of
Vancouver Island on the subject of union of these Colonies, and of resolutions and representations being constantly forwarded to Her Majesty's Government adverse to the
interests of British Columbia. The Municipal Council of this city consider the silence of
British Columbia may be taken as apathy, hence the origin of the memorial.
3. I cannot agree with the memorialists that the union of Vancouver Jsland with British
Columbia will be " contrary to the well-understood wishes of the people.'1
I have already stated my conviction that the majority of the inhabitants in the upper
country care little whether there is union of the Colonies or continued separation.
All classes are, however, united in the opinion that the present uncertainty as regards
the future of these Colonies is seriously interfering with the progress of both.
I have, &c.
(Signed)        ARTHUR N. BIRCH.
The Right Hon. Edward Cardwell, M.P.,
&c. &c. &c.
Memorial from
Municipal
Council of Ne\r
Westminster,
26th April
1866, in
original.
Despatch to
Secretary of
State, No. 16,
of 3rd March
1866.
Vide Papers
presented 31st
May 1866,
Page 42.
Enclosure in No. 41.
Copy of a Resolution in relation to a Memorial to the Secretary of State for the Colonies respecting
union with the Colony of Vancouver Island, adopted by the Municipal Council of the city of New
Westminster, April 2 6 th, 1866.
Resolved,—
That the report of the committee be adopted, and that a copy be prepared by the clerk, to be signed
.by the president and clerk of this Council, and to have the corporate seal attached thereto, and that the
president appoint a special committee to wait upon his Honour the Administrator of the Government
with the request that the contents of the memorial be sent home by telegraph; at the same time asking
his Excellency to explain to the Secretary of State for the Colonies that, had time permitted, the
memorial would have been signed by the colonists generally.
Thomas McMicking,
Clerk.
16077.
A 2
321
89 UNION OF BRITISH COLUMBIA AND VANCOUVER ISLAND.
British
Columbia
and
Vancouver
Island.
To the Right Hon. Edward Cardwell, Her Majesty's Secretary of State for the Colonies, &c, &c, &c*
(l.s.)
The Memorial of the Municipal Council of the city of New Westminster in council assembled,
Humbly sheweth—
That the people of British Columbia are and have always been strongly opposed to union with
Vancouver Island.
That such opposition has been expressed by petition, through a delegate, and by resolutions unani*
mously passed during two different sessions of the Legislative CounciL
That the people of this Colony have heard with regret that Her Majesty's Government has decided
upon uniting the Colonies of British Columbia and Vancouver Island contrary to the well-understood
wishes of the people of the former Colony.
That, should Her Majesty's Government persist in carrying out this determination, your memorialists-
would respectfully but earnestly submit the following:—
1st. That the capital of the united Colonies should he permanently fixed by an Act of the ImperiaLi
Parliament at New Westminster.   The site of this city was, your memorialists believe, wisely I
selected by a commissioner sent out by Her Majesty's Government, and specially charged with
that duty ; received its name direct from Her Majesty, and was officially proclaimed as the
permanent capital by a statute law of the Colony {vide the Proclamation of 14th February I
1859).   This faejahduced large investments, which would not otherwise have been made
The capital could not now be disturbed without breaking faith with the people, and inflicting
gross injustice upon large-vested rights; and it could not be transferred to Victoria—the
extreme south-western limit of Vancouver Island—without entailing serious inconvenience
upon the people of British Columbia, and reviving those feelings of dissatisfaction and discontent so painfully felt prior to the establishment of a distinct government in this Colony ; while ]
to leave the location of the capital an open question, to be dealt with by the united Legislature,
would inevitably give rise to agitations and disputes calculated seriously to disturb the harmony, and jeopardize the peace, of both sections of the country, and which could only be I
ultimately settled by a direct reference home.
2nd. That in the event of union being forced upon British^Columbia, the people feel that they have a
right to expect that their interests and just claims will receive due consideration at the hands of
Her Majesty's Government, and that the question of the capital will not be left open as a bone I
of contention, but that it will be finally and for ever set at rest by the establishment of New j
Westminster as the capital of the united Colonies.
3rd. That, in fixing the basis of representation, due regard should be had to the larger territory,. \
resources, and revenue of British Columbia, and that in any representation which may be conferred, ihis Colony wouldjbe fairly entitled to enjoy at least two-thirds thereof.
4th. That a uniform fiscal system for the united Colonies is absolutely essential to the successful and
harmonious administration of the government.   To maintain free trade on Vancouver Island,
and a customs tariff in British Columbia, would give rise to fiscal complications and local
jealousies which would entail interminable difficulties here, and perpetual perplexity to Her
Majesty's Government at home.   Your memorialists, therefore, believe that a uniform customs
tariff would form the safest and most satisfactory basis of revenue for the united Colonies.
All of which is respectfully submitted.
Signed by direction and on behalf of the Council.
W. J. Armstrong,
President.
City of New Westminster, British Columbia, Thomas McMicking,
April 26th, 1866. Clerk.
SEJ
LONDON :
Printed by George E. Eire and William Spottiswoodb,
Printers to the Queen's most Excellent Majesty.
For Her Majesty's Stationery Office.
1aT^ 
FURTHER   PAPERS 
RELATIVE TO 
THE    UNION 

OF 
BRITISH COLUMBIA AND VANCOUVER ISLAND.
(In continuation of Papers presented 25th June 1866.) 
Presented to both Houses of Parliament by Command of Her Majesty. 
May 1867.

LONDON:
PRINTED BY GEORGE EDWARD EYRE AND WILLIAM SPOTTISWOODE,
PRINTERS TO THE QUEEN'S MOST EXCELLENT MAJESTY.
FOE HER MAJESTY'S STATIONERY OFFICE.
18585.
1867.  Number
in
Series.
2
8
9
10
11
12
13
14
15
16
17
18
SCHEDULE.
Number and Date.
SUBJECT.
DESPATCHES FROM THE GOVERNOR.
3 Mar. 1866 (No. 15.)
20 June 1866
16 June 1866 (No. 43.)
22 June 1866 (No. 44.)
26 June 1866 (No. 45.)
26 June 1866 (No, 46.)
26 June 1866 (No. 48)
(Extract.)
28 June 1866    -
12 July 1866 (No. 50.)
14 July 1866 (No. 56.)
8 Aug. 1866 (No. 61.)
(Extract.)
31 Aug. 1866 (No. 66.)
1 Oct. 1866 (No. 77.)
19 Nov. 1866 (No. 90)
20 Nov. 1866 (No. 1.)
21 Nov. 1866 (No. 2.)
21 Dec. 1866 (No. 4.)
11 Jan. 1867 (No. 23.)
Q91 QS
Enclosing Resolution of the Legislature of Vancouver Island,
relative to the Seat of Government - - - -
iOfpli
A Telegram from the Speaker of the House of Assembly of:
Vancouver Island, asking for Union under a Constitution I
with Representative Government     -
Transmitting Memorial of Legislative Assembly of Vancouver
Island, praying for Disallowance of British Columbia
Customs Ordinance -
Transmitting Resolutions of the Legislature "of Vancouver
Island, on matters connected with the Union with British
Columbia
Address from the Assembly of Vancouver relating to the
Finances      -------
Transmitting Memorial of Legislative Assembly of Vancouver,
praying for Disallowance of British Columbia Customs
Ordinance    - •
■aifiiiBWift-iAiiW 1-
Transmits Memorial from the Legislative Assembly with reference to the Union; with remarks thereon  -
A Telegram stating that the Governor's Report on the Resolutions telegraphed (as No. 2 of this series) will be forwarded
by the outgoing mail -
Proceedings of the Legislative Assembly on the Loan Bill
Reduction of Civil List as means Of lessening expenditure
Forwards Resolutions of the Legislature on the Finances of
Vancouver Island, with comments on Resolutions
Transmits further Resolutions of the Legislative Assembly
Acknowledging the receipt of the Act of the Imperial Parliament for the Union of Vancouver Island and British
Columbia, and expresses his thanks for the favourable view
taken of his administration of the Government
Reporting the Proclamation of the "British Columbia Act
1866," in Vancouver Island -
Arrival of Governor Seymour. Forwards Addresses received
by him  - - - - -
Proclamation on the 19th November of the Imperial Act,
29 & 30 Victoria, cap. 67, simultaneously in Victoria and
New Westminster   - - .    -
Acknowledging Secretary of State's Despatch No. 15, of the
31st October 1866, placing on record the motives by which
Her Majesty's Government were actuated in effecting the
union of Vancouver Island and British Columbia  -
Reporting his visit to Victoria on matters connected with the
Union, and enclosing copies of Addresses presented to him
on that occasion       _.,-...-
a 2 IV
SCHEDULE.
Number
in
Series.
Number and Date.
SUBJECT.
1
Page.
19
11 Jan. 1867 (No. 25.)
(Extract.)
On matters connected with Government Officers and the Civil
Establishment           >___--
36
20
17 Jan. 1867 (No. 30.)
Constitution of the Legislative Council of the United Colony   -
37
21
21 Jan. 1867 (No. 31.)
Opening of the first Session of the Legislature of the United
Colony of British Columbia on the 24th January 1867,
reported;—and copy of Governor's speech enclosed
39
DESPATCHES FROM THE SECRETARY OF STATE.
30 Apr. 1866 (No. 23.)
13 Aug. 1866 (No. 3.)
O
21 Aug, 1866 (No. 6.)
4
22 Aug. 1866 (No. 7.)
5
22 Aug. 1866 (No. 8.)
6
12 Sept. 1866 (No. 10.)
(
14 Sept. 1866
31 Oct.. 1866 (No. 15.)
16 Nov. 1866 (No. 24.)
Enclosing a Letter from the Board of Treasury entering fully
into the financial condition of Vancouver Island for the
years 1864 and 1865
Enclosing the Act of the Imperial Parliament for the Union of
Vancouver Island and British Columbia, with remarks
In reply to Governor's Despatch No. 45, of 20 June 1866, relating to financial difficulties -
In reply to the Memorial from the Legislative Council and
Assembly of Vancouver, praying for the disallowance of
the British.Columbia Customs Ordinance -
In reply to Governor's Despatches, No. 50, respecting the Loan
Bill	
Conveying authority to Governor Seymour, on his return to
his Government, to effect the necessary reductions demanded
by the financial state of the Colony -
Recording the motives by which Her Majesty's Government
were actuated in effecting the union of Vancouver Island
with British Columbia -
Acknowledging further Resolutions of the Legislative Assembly
on the subject of the Union - -
42
44
44
45
45
46
46
47
v Despatches from the Governor.
No. 1.
Copy of a DESPATCH from Governor Kennedy, C.B., to the Right Hon.
Edward Cardwell, M.P.
(No. 15.) Government House, Victoria, March 3,~1866.
Sir, (Received, April 16, 1866.)
At the urgent request of the Legislative Assembly I have the honour to enclose the
copy of a Resolution in which the Legislative Council concur, relative to the seat of
Government of these Colonies, when united.
As I have no information of the intentions of Her Majesty's Government relative to
uniting these Colonies I do not deem it necessary to trouble you with any remarks on
the subject of this Resolution.
The Right Hon. Edward Cardwell, M.P.  ,:'        (Signed)        A.E.KENNEDY,   |Jj
&c. &c. &c. Governor.
Vancouver
Island.
No. 1.
Enclosure in No. 1.
Vancouver Island.
Resolution passed the Honourable Legislative Council and the Legislative Assembly in conference
2nd March 1866.
Resolved, that this house, having just learned that the union of Vancouver Island and British
Columbia has been determined upon by Her Majesty's Government, would respectfully pray that the
Secretary of State for the Colonies will be pleased to postpone the fixing of the permanent seat of
Government until the wishes of the people of the two Colonies be ascertained.
That this Resolution be transmitted to his Excellency the Governor with the respectful request that
he will be pleased to forward the same by telegraph to Her Majesty's Government, and also by post
by the outgoing mail.
That these Resolutions be transmitted to the Honorable the Legislative Council for its concurrence.
(Signed)        R. W. Torrens,
Clerk of the House.
Passed the Legislative Council the 2nd of March 1866.
(Signed)       E. J. Nesbitt,
Clerk of the Council.
Encl. in No. 1.
No. 2.
Telegram.
Copy of a TELEGRAM from the Speaker of the House of Assembly
to the Right Hon. Edward Cardwell, M.P.
House of Assembly, Victoria, Vancouver Island,
June 20, 1866, 10 p.m.
(Received, July 12, 1866.) Y\k New York, June 28, 2.10 p.m.
To the Right Hon. Edward Cardwell, Her Majesty's Principal Secretary of State
for the Colonies.—London, England (mail N.Y.)
The House of Assembly of Vancouver Island having considered the condition of the
Colony is of the opinion:—
First.—That the country suffers intensely from causes in a great measure attributable to the continued separation of Vancouver Island and British Columbia, and to the
very expensive and irresponsible character of the governments of British Colonies.
Second.—That the population of Vancouver Island and British Columbia, which,
exclusive of Indians, does not exceed ten thousand (10,000) persons, cannot with other
weighty liabilities afford more than a salary of two thousand (2,000) pounds for a
Governor, with proportionate salaries for necessary heads of departments.
No. 2.
I FURTHER PAPERS RELATIVE TO THE UNION OF
911:
Vancouver
Island.
!§
r .
No. 3.
A
fincl. in No 3
Third.—In view of the above facts the House is of opinion that nothing short of
immediate union of Vancouver Island and British Columbia under a Constitution apportioning the representations according to population, and giving to the people's representatives control over th® mode and amount of taxation and expenditure, can stay the
rapid decline of both countries and restore the confidence of the public.
Fourth.—The House, on transmitting the above to Her Majesty's Principal Secretary
of State for the Colonies, feeling deeply the injury which both Vancouver Island and
British Columbia are sustaining from the present state of uncertainty and suspense on
the question of union, would respectfully ask for a reply hy telegraph as to the intentions
of Her Majesty's Government with regard „to the matter during the present session of
the Imperial Parliament.
Eifth.-^-By unanimous resolution Mr. Speaker is ordered to forward the foregoing
Resolutions because the Governor declines telegraphing them unless approved by the
Legislative Council, five eights (f) of whom are officials.
^T/S. HELMCKEN,
Speaker.
J
No. 3.
Copy of a DESPATCH from Governor Kennedy, C.B., to the Right Hon. Edward
Cardwell, M.P.
(No. 43.) Government House, Victoria, June 16, 1866.
(Received, August 8, 1866.)
^IR» i (Answered, No. 7, August 22, 1866, p. 45.)
I  have  the honour to enclose ±he copy of a Memorial from the Legislative
Assembly of Vancouver Island forwafded to me for transmission.
The evil complained of is one of the evils springing from a separate policy and
supposed separate interests existing between these Colonies.
I am of opinion that the measure thus brought under your consideration has a pre-
udicial effect upon both Colonies, and does not benefit either.
I have, Sec,
The Right Hon. Edward Cardwell, M.P.
&c.
&c.
&c.
(Signed)
A. E. KENNEDY,
Governor.
Confirmed by the
•^i Enclosure in No. 3..
Resolutions reported from Committee of the Whole House, 15th June 1866.
House, 15th June, 1866.
Memorial.
To thevRight Hon. Edward Cardwell, M.P., Her Majesty's Principal Secretary of State for the
Colonies, &c. &c. &c.
Your memorialists, the loyal subjects of Her Majesty, the Members of the Legislative Assembly of
Vancouver Island in Parliament assembled, humbly beg to draw the attention of Her Majesty's
Government to an Ordinance passed by the Governor and Legislative Council of British Columbia on
the 15th day of February 1865, entitled % An Ordinance to amend the Duties of Customs."
Your memorialists would show that by the construction placed on that Ordinance in British Columbia
it has been decided that goods shipped from Vancouver Island are chargeable with higher duties than
the same goods shipped from any other country.; and this practice has been enforced, since the passage
of the Ordinance above referred to, to an extent almost amounting to a prohibition of trade with
Vancouver Island. For example, a shipment of goods arriving in British Columbia direct (say)
from France, invoiced at the net cost of one thousand pounds (1,000/.), or in other words the actual
first cost of the goods where purchased, is entered for duties at the net cost aforesaid of 1,000/., and is
charged with (say) 20 per cent, duty, as provided for by the Customs regulations.
The whole cliarge for duties, say 20 per cent, on 1,000/., will therefore be 200/. Now, if these same
goods, or an invoice exactly similar in price and quality, be shipped from Vancouver Island, and landed
in British Columbia, the process for assessing the duties would be as follows:
To the net cost of invoice in France (say) 1,000/. is added 50 per cent, or 500/., making the goods
of the value of 1500/. on which amount the duty of 20 per cent, is cnarged, making the duty payable 300/.
Thus, whjle the shipment from France would be chargeable with duties amounting to 200/., the
shipment from Vancouver Island would be chargeable with 300/. or an increase of 50 per cent, on the
amount of duties payable on precisely the same or similar invoices of goods.
Your memorialists, the representatives of Vancouver Island, smarting under this mischievo&inlnact-
ment, appeal against a practice which will inevitably overthrow the large and imporSl^'British
Hrcerestg tested in this Colony.
The 14th paragraph of *Sf£ Royal Instructions to the Governor of Bfcitish Columbia expressjy
forbids the making of any law imposing differential duties;: ygt, despjfejthese instructteftythe Ordinance
referred to imposes really and virtually, though perhaps not nominally, a most pnexp^.differentiaj
duty, which is rigorously enforced by severe penalties, to the great injury of ^Vsmcouver Island, and
■ BRITISH COLUMBIA AND V&SNCOUVEH ISBJLND.
W
without any: benefi^^o British Colunibia ; the commence chiefly -^sBnefited thereby* being that of^San Vancouver
Francisco, California, Island.
Your memorialists by this Petition desire to draw the attention of Her^Majesty's Government to        	
the real character and effect of the British Columbian | Ordinance to amend the Duties of Customs,
1865," conflicting as it does with the previous policy of Her Majesty's Government in relation to
these Colonies; to expose its insidious character, its partial, unjust, and oppressive operatfon**6fa'the
trade and condition of this Colony; its tendency, to ruin British commercial interests on this coast;
and to induce Her Majesty's Government to disallow the clauses in that Ordinance which impose
differential duties on the trade of Vancouver Island with British Columbia.
And your petitioners will ever pray, &c.
R. WtTorrens,
Clerk of the House.
No. 4.
Copy of a DESPATCH from Governor Kennedy, C.B., to the Right Hon. Edward
C ARDWELLpM. P.
(No. 44.) Government House, Victoria, June 22, 1866.
0 (Received, August 8, 1866.)
°1K> (Answered? No. 15, Oct. 31, 1866, p. 46.) !
I have the honour to transmit enclosures, numbered from 1 to 5, being communications which have passed between the Legislative Assembly, the Legislative Council,
and myself, and to offer the following remarks and explanations.
During the week ended the l6lh June 1866 the Legislative Assembly had (according
to newspaper statements) sat on several occasions with closed doors—or in secret, a
course which of late they have frequently adopted.    On Saturday morning the 16th June
1 read in a newspaper (the proprietor and editor of which have both seats in the
Assembly) an epitome of the Resolutions marked No. 1, and some hours afterwards I
received the Resolutions themselves.
The Speaker subsequently called upon me (Saturday, 16th June) and pressed me to
transmit the Resolutions without an hour's delay. I pointed out to him the Colonial
Regulations laid down for may guidance in Section VI. under the head of | Correspondence," and informed him that I could not take any such step without consulting
my Executive^C/Ouncil, and further that I apprehended you would at the same time
expect me to forward the opinion of the other branch of the Legislature on the important
changes in the form of government, &c. which the Legislative Assembly proposed.
I consulted my Executive Council at the earliest moment (Monday She 18th June)
when they concurred unanimously in the reply marked No. 2, dated 18th June, which
I sent to the Assembly. I atTtfrcTslmreHtuTie transmitted the Resolutions of the Assembly
with the message marked No. 3, for the " consideration and opinion " of the Legislative
Council.
.Orbjthe 20th June I received the Resolutions of the Assembly marked No. 4, and on
the 21st June I received the Resolutions marked No. 5, which were passed unanimously
by the Legislative Council.
The Despatches which I have had occasion to address to you from time to time leave
me little to add in the way of comment upon these Resolutions^
I must, however, draw your attention to the Resolution of the Assembly dated
20th June, as follows:—" Mr. Speaker is ordered to telegraph the foregoing Resolutions
because the Governor declines telegraphing them unless approved by the Honourable
Legislative Council, five eighths of whom are officials." This, you will observe by a
reference to my messages, is a manifest mis-statement. My reply to the Assembly was as
follows :—11 have now submitted these Resolutions to the Legislative Council, and on
receiving the opinion of that body will lose no time in transmitting them with my
report thereon to Her Majesty's Secretary of State for the Colonies."
I gave this matter careful consideration, and my Executive Council unanimously
concurred in my opinion that I should not be justified in transmitting the original
Resolutions of the Assembly, passed in secret session (and for aught withi$j my knowledge by a narrow majority) without affording the Council and the public an opportunity
of knowing their purport and forming their opinion upon them.
I I entirely concur in the views expressed in the Resolutions of the Legislative Council;
and I may here remark that several of the ** officials" composing the Council possess
considerable real estate in the-Colony, and^the^fehr-eeHnon-official members own more
real property and have a larger stake in the Colony than the 15 members of the Assembly
in the aggregate.
A 2
No. 4.
%v&
\ to
 . «*. 11 .iliji'V I ■ iijfS 4
FURTHER PAPERS RELATIVE TO THE UNION OF
Vancouver
Island.
The constitution of the Legislative Assembly of this Colony, whether as regards
character or capacity, is I think very unfortunate, and I fear that few persons possessing
any self-respect will be found willing at any time to undergo the ordeal necessary to
an election to a seat in the House.
I will not further occupy your time than by begging you to believe that I have exercised my best judgment and endeavoured to pursue an impartial course in this matter,
and by expressing a hope that the course I have adopted will meet your approval.
I have &c.
Right Hon. Edward Cardwell, M.P. (Signed)   j        A.E.KENNEDY,
&c. &c. &c. Governor.
EneUinNo.4.
m
: \ 1
Encl. 2 in No. 4
ii!
i
Enclosure 1 in No. 4.
Vancouver Island.
Resolutions passed the Legislative Assembly 15tb June 1866.
The House of Assembly of Vancouver Island, having considered the condition of the Colony, is of
opinion,—
1st. That the country suffers intensely from causes in a great measure attributable to the continued
separation of Vancouver Island and British Columbia, and to the very expensive and irresponsible
character of the government of both colonies.
2nd. That the population of Vancouver Island and British Columbia, which, exclusive of Indians,
does not exceed 10,000 persons, and cannot, vrith its other weighty liabilities, afford more than a
salary of 2,000/. for a Governor, with proportionate salaries for necessary heads of departments.
3rd. In view of the above facts, the house is of opinion that nothing short of immediate union of
Vancouver Island and British Columbia, under a constitution apportioning representation according
to population, and giving to the people's representatives control over the mode and amount of taxation and expenditure, can stay the rapid decline of both countries, and restore the confidence of the
public.
4th, The House, in transmitting the above to Her Majesty's Principal Secretary of State for the
Colonies, feeling deeply the injury which both Vancouver Island and British Columbia are sustaining
from the present state of uncertainty and suspense on the question of union, would respectfully ask
for a reply by telegraph as to the intentions of Her Majesty's Government with regard to the matter
during the present session of the Imperial Parliament.
Ordered, That the above resolutions be transmitted to his Excellency the Governor, praying that
he will cause the same to be telegraphed forthwith to Her Majesty's Principal Secretary of State for
the Colonies.
(Signed)       J. S. Helmcken,
R. W. Torrens, Speaker,
Clerk of the House.
Enclosure 2 in No. 4.
(No. 24.)
Vancouver's Island, Government House,
Victoria, 18th June 1866.
To the Honourable the Speaker and Members of the Legislative Assembly.
Gentlemen,
I have the honour to acknowledge the receipt of four Resolutions on the il state of the Colony |
which passed the Legislative Assembly on the 15th June 1866, accompanied by a request that
I would cause the same to be telegraphed forthwith to Her Majesty's Secretary of State for the
Colonies.
1 apprehend that any Resolutions of one branch of the Legislature, having for their object a change
in the form of government, and union of this Colony with British Columbia, would be valueless without
the concurrence of the other branches of the Legislature, and that I should render myself responsible
for the establishment of an irregular and inexpedient precedent if I transmitted these Resolutions
(passed, as I understand, in secret session) without affording the Legislative Council an opportunity
of expressing an opinion upon them.
I am directed by the instructions laid down for my guidance to accompany all communications
entrusted to me for transmission to Her Majesty's Government by such report as their contents may
appear to require.    This manisfestly cannot be done by telegram.
I have now submitted these Resolutions to the Legislative Council, and on receiving the opinion of
that*body will lose no time in transmitting them, with my report thereon, to Her Majesty's Secretary
of State for the Colonies.
I have, &c.
(Signed)       A. E. Kennedy, Governor.
I —    '■■ "■■WUUL-,., BRITISH COLUMBIA AND VANCOUVER ISLAND.
Enclosure 3 in No. 4.
Vancouver's Island, Government House,
Victoria, 18th June 1866.
To the Honourable the President and Members of the Legislative Council.
Gentlemen,
I have the honour to submit for your consideration and opinion the copy of Resolutions transmitted to me by the Legislative Assembly on the " state of the Colony."
I have, &c.
(Signed)       A. E. Kennedy, Governor.
Vancouver
Island.
Encl. 3 in No.
Enclosure 4 in No. 4.
Vancouver Island.
Resolutions reported from Committee of the whole House, 20th June 1866 ; and, the Standing
Orders having been suspended, confirmed 20th June 1866.
1. The House beg respectfully to acknowledge the receipt of his Excellency's Despatch, No. 24,
dated 18th June 1866.
2. The House is surprised to find that his Excellency should have considered it expedient to lay
the Resolutions (15th June) before the Legislative Council instead of telegraphing them to their
destination, as desired by the House.
3. The House is of opinion that the Resolutions should not have been sent to the Honourable
Legislative Council, as the House only intended to express its own opinion (in advance of a memorial
upon the same subject), and requested the same to be sent by telegraph ; because, if sent by steamer,
the Imperial Parliament would have been prorogued before such Resolutions could have reached their
destination.
4. The House, moreover, considers that such Resolutions should not be sent to the Honourable
Legislative Council, five eighths of that honourable body being officials. It is hardly right to ask
official members to give a decision upon a question materially affecting their own interests.
5. The House, deeming these Resolutions to be of the utmost importance at the present moment,
from the fact that the question of union is under the consideration of Her Majesty's Government,
and that Her Majesty's Government is liable to be influenced by persons inimical to the best
interests of Vancouver Island and British Columbia, as well as (though perhaps unwittingly) to
Imperial interests, has adopted the following Resolution which has been added to the Resolutions of
the 15th of June, and ordered to be telegraphed forthwith to the Right Honourable the Secretary of
State for the Colonies, viz.:—
" By unanimous resolution Mr. Speaker is ordered to telegraph the foregoing Resolutions, because
the Governor declines telegraphing them unless approved by the Legislative Council, five eighths of
whom are officials.
" The House regrets that his. Excellency's determination should have compelled the adoption of
this unusual course, but at the same time feels convinced not only of the necessity but also of the
propriety of the steps taken."
(Signed)        R. W. Torrens,
Clerk of the House.
Encl. 4 in No. 4.
Enclosure 5 in No. 4.
Vancouver Island.
Encl. 5 in No. 4.
Resolutions passed by the {legislative Council this 21st day of
That :an humble address be presented to his Excellency the
of June 1866:—
Governor, acknowledging receipt of
and thanking his Excellency for his communication of the 18th instant, transmitting certain Resolutions
of the Leo-islative Assembly "on the state of the Colony" for the consideration and opinion of this
House.
That the following Resolutions, embodying the opinion of this House upon the subject of the
Assembly's Resolutions be presented to his Excellency for transmission to Her Majesty's Principal
Secretary of State for the Colonies.
Resolved, That the Legislative Council of Vancouver Island and it dependencies, having taken into
its serious' consideration the Resolutions above alluded to, feels considerable difficulty in suddenly
expressing a decided opinion upon the varied and important subjects embraced in those Resolutions.
That the Council cannot agree in thinking that the Government of this Colony is irresponsible in
its character, and fails to see the connexion between the depression which at present exists and the
constitution of the Government. S| ... . .   x    x,     i li
That in the opinion of this Council, that depression is owing mainly to the decrease ot the mining
population of the neighbouring colony diminishing the trade of Victoria—to overtrading—to^ differential
duties imposed by the sister colony since the entire separation of the two Governments in 1864; to
excessive commercial credits ; to speculation in mining adventures; to a course of political agitation,
which has had the effect of paralyzing credit and of repelling capital.
That it appears, however, to the Council that the evil has been aggravated by the uncertainty and
suspense which has so long existed on the question of union ; and that it would be highly expedient
A o 6
FURTHER PAPEM RELATIVE T® THE UNION OF
Vancouver   that the final decision of Her Majesty's Goyernment on that subject should be obtained and communi-
Island.      cated with as little delay as possible.
  . (Signed)        Joseph Needham,
President of the Legislative Council.
(Signed)       E. J. Nesbitt,
Clerk of the Council.
Sm,
No- 5- No. 5.
Copy of a DESPATCH from Governor Kennedy, C.B., to the Right Hon.
Edward Cardwell, M.P.
(No. 45.) Government House, Victoria, June 26, 1866.
(Received, August 8, 1866.)
'('Answered, No. 6, August 21, 1866, p. 44.)
In the state of uncertainty which exists as to what the Legislative Assembly of
this Colony will or will not do in reference to the finaaees, I deem it my duty to keep
you informed by placing the following address from the Assembly, and my reply thereto,
before you.
You will observe that on the 21st May the Legislative Assembly called for a return
of all monies borrowed from the banks in 1865-6, and also " a return showing the
2 authority under which the Governor negociated such loans respectively."
My reply, dated 26th May 1866, fully answers both these questions.
The Bank of British North America, taking alarm, I presume, at the doubts thrown
upon the legality of my proceedings by the Assembly, addressed the letter (herewith)
dated 31st May 1866, to the Colonial Secretary, stopping all further credit.
I enclosed a copy of this letter in my confidential message dated 1st June 1866. I
have not received any reply to either of my communications to the Assembly. The
necessary consequence has been a stoppage of payment at the Treasury since the 1st of
June, a fact of which the Assembly are quite aware.
I observe from newspaper reports (being the only information on the subject which
has reached me) that a/Bill authorizing a loan of $90,000 has passed a second reading,
but when it wili becppe law I am unable to anticipate.
This Bill, if it become law, will cover the debt to the Bank, and leave a margin to carry
on the public service till the real estate and other taxes are received, the machinery for
assessing and collecting which is radically faulty, and requiring amendment by law.
You will see from my message dated May 26th that I have kept the Assembly fully
informed of the financial condition of the Colony ; and I may add that I have in every
step acted with the advice and concurrence of my Executive Counc^Lr'
The Assembly has been in session since last November, and up to the present time
has failed to propose or pass any rational measure for providing ways and means for
carrying on the government of the Colony. There is the less excuse for this state of
things, inasmuch as the audit of the accounts for 1865 shows that the total amount voted
by the Assembty for the service of the year amounted to $313,558, while the expenditure
reached #267,294, being #46,264 less than the sum voted.
1 have, &c.
The Right Hon. Edward Cardwell, M.P.
&c. &c. &c.
JV. E. KENNEDY,
Governor.
Encl. 1 in No. 5.
Enclosure 1 in No. 5.
Vancouver Island.
Resolution passed the Legislative Assembly, May 21, 1866.
Ordered that a humble Address be presented to His Excellency the Governor praying that he
will cause the following Returns to be laid on the table of this House:—
T. A Return of the sums of money borrowed from the respective Banks of this Colony, and due at
the expiration of the year 1865 ; also the amount borrowed during the year 1866, and now owing on
account of the General Revenue.
2. A Return showing the authority under which the Governor negociated such loans respectively, i
(Signed)       R. W. Torrens,
Clerk of the House.
f 1
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it
BRITBIKOOLUMBIR W*D VANCOUVER ISLAND. | '
8b Enclosure 2 in No, 5,
ioisii Vancouver Island.
To the Honourable the Speaker and Members of the Legislative Assembly
Gentlemen, Government House, Victoria, May 26, 1866.
I have the honour to acknowledge the receipt of an Jladress from the Legislative Assembly for
A Return of the sums of money borrowed from the respective Banks of this Colony, and due at the
expiration of the year 1865; also the amount borrowed during the year 1866, and now owing, on
account of the general revenue;" and "A Return showing the authority under which the Governor
negociated such loans respectively." i «
' I would take the opportunity thus afforded me to recall the attention of the Assembly to the tact
that I have*specially brought this subject under the notice of the House on several occasions.
In addressing the House on 16th May 1865, now more than twelve months ago, I stated that, owing
to the smallness of the balance in the Treasury, I had been under the necessity of arranging with the
Bank of British North America to overdraw teHfce amount of #10,000; that the Bank had agreed to a
further advance of #10,170, to be applied to meeting the liabilities of the Corporation ot the city ot
Victoria, an application of the public funds in which the Assembly expressed concurrence, by resolution
dated 23rd January 1865; that, in view of the necessity of remitting immediately to England 2,000*. to
meet payments on account of interest and sinking fund of loan, and of providing for current expenditure, a further credit of #20,000 fiad been obtained from the Bank ; and further, that on that date
(16th May 1865) the sum of #39,794 was due by the Colony to the Bank of British North America.
This communication did not elicit any response from the Legislative Assembly.
On the 20th December 1865Tf informed the House, in submitting the estimates o^evenue and
expenditure for 1866, "that there is a present balance of #52,465 due to the Bank of British North*
1 America, and it is not probable this will be decreased before the 31st December 1865.      „<
Again the House willtierceive that m a communication I had the honour to make on the
10thPJanu#y 1866, relative fe'the partal nonpayhient oTthe sums voted for 1865/for the Royal Hospital Victoria, for the Female Hospital, and for the Victoria Fire Department, I stated, "I have already
I caused #3,000, Q$$ae moiety of that grant, to be paid; but in consequence of the income lor the year
4 falHng short qf expenditure, and a debt to the Bank having thereby been alreadyincajred, Ijdo ncf
1 deem it expedient to increase ttiat debt by the payment of the remaining moiety of the grant, without
I placing the matter before the Assembly, so that it may be determined whether other means for the
I payment of this appropriation should be adopted or not." m '■
The Legislative Assembly, by Resolution dated -^tsTJanuary 1866, expressed the opinion that the
sums due (on account of votes for 1865) to the Royal Hospital and the Victoria Fire Department
1 should be paid forthwith." The Assembly, however, did not by that Resolution determine any
I other means " for the payment of the appropriation than by an increase of the debt to the Bank as
indicated in my message. m$   $£§        I      llffPf i    *   Si c &o *on *
I may inform the House that in the month of -December 1865 I caused a farther sum of #8,680 to
be paid pursuant to the Victoria City Half-per-cent. Tax Act, 1865, to meet debenture liabilities of the
city of Victoria, and that sum not having been collected under the provisions of that Act, an augmentation of the debt to the Bank was the result. £SsS 1
The amount due to the Bank of British North America on the 31st December 1865 was #63,515, and
the amount due at the present time is #80,561.                                  ■
I take this opportunity of directing the attention of the Legislative Assembly to the tact that the
estimates of revenue and expenditure for 1866 have been more than five months before the House, and
that no Bill of Supply has been passed, nor have ways and means  been provided, for the necessary
current expenditure and liabilities of the Colony.
I have, &c.
(Signed)       A.E.Kennedy,
Governor.
Vancouver
Island.
End. 2 in No.5.
Enclosure 3 in No. 5.
Sir
(Confidential.)
Vancouver Island, Government Jlouse,
Victoria, June 1, 1866.
Referring to  Resolutions of the Legislative Assembly, dated 21st May, the Address and
Returns called for on that date, together with my reply theieto,  dated 26th May 1866, and the published proceedings of the House thereon, I have now the honour to submit for the consideration of the
Legislative Assembly the copy of a letter from the manager of the Bank of British North America,
dated 31st May 1866. \ .....
While doubts appear to exist in the Assembly as to the legality of my proceedings in making provision for carrying on the public service, I trust I may be held justified in declining to incur any
further responsibility without the distinctly expressed authority of the Legislature.
I have  marked this  communication  " Confidential,"  for reasons  which will be obvious to the
Assembly.
The Hon. Speaker of the Legislative Assembly,
&c. &c &c.
I have, &c.
(Signed)        A. E. Kennedy, Governor.
Encl. 3 in No. 5.
A 4 8
FURTHER TAPERS RELATIVE TO THE UNION OF
Vancouver
Island
Bank of British North America,
Sir, Victoria, V. L, May 31, 1866.
I beg leave respectfully to draw your attention to the state of the Government account with
the Bank.
You are aware that the Directors of the Bank authorized advances to the Government about the
beginning of last year, to the extent of #75,000, on the understanding that the greater part, if not the
whole, would be paid before the close of the year. At the latter date the amount was considerably
reduced, but since then the overdraft has been gradually increasing, and it now stands at #79,567.
I hope it will soon be convenient for the Government to reduce the overdraft, at least to the limit
named. In the meantime, it is my duty to state, that I cannot allow the present amount to be
increased, and if further advances are likely to be required by the Government it will be necessary for
me to apply to the Directors for their sanction before making such.
William A. G. Young, Esq., I have, &c
Colonial Secretary. (Signed)       J. B. Shepherd, Manager.
If
No. 6.
page 2.
No. 6.
Copy of a DESPATCH from Governor Kennedy, C.B., to the Right Hon. Edward
Cardwell, M.P.
(No. 46.)
Sir,
Government House, Victoria, June 26, 1866.
(Received, August 8, 1866.)
(Answered, No. 8, August 22, 1866, page 45.)
Referring to my Despatch No. 43,* dated 16th June 1866, I have the honour
to transmit a Memorial from the Legislative Council of this Colony on the same
subject.
The Right Hon. Edward Cardwell, M.P., (Signed)        a/e. KENNEDY.
&c. &c. &c.
Encl. in No. 6.
Enclosure in No. 6.
Resolved, that an humble Address be presented to his Excellency the Governor, praying that
his Excellency will be pleased to transmit the following Memorial to Her Majesty's Principal
Secretary of State for the Colonies.
To the Right Honourable Edward Cardwell, Her Majesty's Principal Secretary of State for the
Colonies.
The Memorial of the Legislative Council of Vancouver Island and its dependencies respectfully
showeth,—
That your memorialists submit for consideration the following facts i
2. That goods shipped from Vancouver Island to British Columbia are, by the mode of valuation
adopted in British Columbia, absolutely charged with a greater amount of duty than goods shipped
from any other country.
3. That this differential duty is so great, that, upon an invoice of 1,000/. of goods from the United
States or France, or any other country, taken as an illustration, the duty levied amounts to 200/.
only, while, on an invoice of the same amount from Vancouver Island, it amounts to 300/.
4. That while such differential duty fails to produce any advantage to British Columbia, it has a
tendency ruinous to the trade of Vancouver Island.
5. That the above duties are levied under an Ordinance passed in British Columbia on the 15th day
of February 1865.
6. That the above Ordinance is contrary to the Royal Instructions issued by the Imperial Government to the Governor of British Columbia, paragraph 14, which forbids the imposition of differential
duties.
7. That such a tariff is contrary to the comity which ought to exist between two sister Colonies ;
contrary to the true interests of both; and is calculated to inspire disunion and hostility between them.
8. That, having regard to the above facts, and believing that the said Ordinance has not yet been
ratified by the Queen in Council,—
9. Your memorialists humbly pray that the same may be disallowed as being prejudicial to the true
interests of both Colonies, injurious to the trade of Vancouver Island, contrary to the letter and spirit
of the Royal Instructions, and opposed to the Imperial policy of free and unrestricted trade.
And your memorialists, as in duty bound, will ever pray.
Passed the Legislative Council this 25th day of June 1866.
Joseph Needham, President.
E. J. Nesbitt, Clerk of the Council. BRITISH COLUMBIA AND VANCOUVER ISLAND;
No. 7.
9
Vancouver-
Island.
Extract from a DESPATCH (No. 48.) from Governor Kennedy, C.B., to the Right
Hon. Edward Cardwell, M.P., dated Government House, Victoria, June 26, 1866.
Received, August 8, 1866.    Answered, No. 15, Oct. 31, 1866, p. 46.)
I have the honour to transmit a memorial from the Legislative Assembly of this
Colony with reference to the union of Vancouver Island and British Columbia.
I have numbered the paragraphs of this memorial for greater facility of reference.
A reference to my Despatch No. 44,* dated 22nd June 1866, by this mail, will show
distinctly that the statement in paragraph 1 of the memorial, that I declined to transmit
the Resolutions of the Assembly, | unless approved by the Legislative Council," does
not consist with fact. Whatever motive may have induced that statement, such a
palpable inaccuracy at the outset of the memorial will not, I apprehend, tend to give
weight to subsequent statements, the truthfulness or otherwise of which you may not
possess equally distinct means of determining.
Paragraph 2. Three evils appear by the latter part of this paragraph to be treated
of therein. The first is merely alluded to as something inevitable which will effect
" their" own cure, and is not definitely described. The second evil is the continued
separation of the Colonies, resulting, as alleged, in legislation on the part of British
Columbia, "hostile alike to Imperial and Vancouver Island interests." I presume this
has relation to the subject of my Despatches Nos. 43* and 46,* dated 16th and 26th
June respectively. Of the third evil alleged to be " others flowing from the unnecessarily
expensive and highly impracticable systems of government of both Colonies," I can only
speak as regards Vancouver Island. You will have gathered from previous Despatches
that I have long been of opinion that the form of government of this Colony is wholly
unsuited to its population and circumstances, that it is unworkable, and that a simpler
form would be far better and possibly cheaper than the present; and it is an undoubted
fact that the Representative Assembly has been both directly and indirectly the cause
of much unnecessary expenditure. The costly scheme referred to in my Despatch
named in the margin emanated from the Assembly. The "insupportable burthen"
with which the people are oppressed is not defined. If taxation be intended, I have
already in previous Despatches stated my opinions on that subject. What may be the
nature of the | liberal and necessary laws" referred to by the Assembly I will leave
you to infer, when I state that the only measure passed for which any apparent popular
clamour has been raised was a school bill passed in 1865, and which has already been
the fruitful parent of expenditure and jobbery, and that the Land Proclamation (founded
I believe chiefly on the land laws of the neighbouring American states) has given the
greatest encouragement to land speculation, and thereby retarded the settlement and
consequently the development of the country.
Paragraph 3. I have already expressed my opinion in favour of the union of the
Colonies and of an early settlement of the question. The cause of the separation of the
Colonies is of course well known at the Colonial Office, but I believe I am right in
denying it to have been the result of " Imperial expediency." The two Colonies are
not only intimately connected with each other, but to a very great extent mutually
dependent.
Paragraph 4. The traders and land speculators have fixed themselves at Victoria,
the port first established m either Colon}7, and there some of the miners of British
Columbia spend their winters and their gold. Last winter a larger number of miners
wintered at the mines than theretofore.
Paragraph 5. The Indians of Vancouver Island do not contribute appreciably to
the Revenue; they may be said to be wholly untaxed. This estimate of the population
of the two Colonies at 10,000 is much lower than the true number. I have already
expressed my views upon the taxation and expenditure of Vancouver Island; and whatever objections I may entertain to the present mode of raising taxes adopted in this
Colony, the application of such terms as " unparalleled " and | ruinous " to the taxation
of Vancouver Island, where the bulk of the population may be said to be untaxed, is
wholly without warrant. A 4Drm of government in which the management of the affairs
of the Colony, instead of being left to an irresponsible body like the Assembly, should
be entrusted to a greater extent than at present at 'all events, to persons answerable for
their conduct to the Crown, would tend to the end desired in this paragraph, and
would, I believe, meet the general approval of the respectable and sober-minded British
inhabitants of the Colony.
B
No. 7.
page 3.
* pages 2 & 8,
i Kr
10
FURTHER PAPBO^MBEATIVE T4P#5flE UNION OF
VANOOU^faEj./
Island.
a more
If-I
Paragraph 6. This paragraph relates chieflvr to British Columbia. #If by
liberal and irresponsible form of government;Qlparty government on the model of Great
Britain or her m»re adva^oggfl Colonies be meant, I have) no hesitation in saving ithat
in Vancouver Island the elements of such a form of government Jhave never existed,
and are not lilfejy, in my opinion, to be found for many years to come.
Paragraph 7- It is true that the Legislative Council have rejected measures passed
by the Assembly, or, having modified them, they have been rejected by the Assembly.
The time of the,3Assembly, with no representative of the Executive Government to
assist in its deliberations, has been chiefly occupied in useless discussions and in passing
bills which never could without much modification have received the confirmation of Her
Majesty. The rejection of the Volunteer Bill and the recent rejection for the second
time of the Postal Bill by the Assembly after passing the Legislative Council, are
instances?*in which the complaint of that body against the Legislative Council might Be
directed-hwith all the force of truth against itself. The members of the Legislative
Council are directly responsible to the Crown, but I am"1 compelled to say that the
Members of the Assembly, so far as my experience of that body has extended, have
not evinced any sense of their responsibility to their constituents, to each other, or to
their Sovereign. The instance or instances in which the Governor has refused "to
grant necessary information " are not detailed, and the assertion to that effect does not
require comment beyond stating that, so far as I am concerned, I have always readily
grani^S5*** necessary information to the Assembly on matters affecting the vital'interests
of ite -Colony " so far as it has been within my power to do so.
^Paragraph 8. The control bi" the "manner and amount of the taxation and expenditure" has unfortunately been too much left to the 'Assembly and the result has
Been financial confusion and embarrassment. As regards the salary of the Governor
of this Colony, I beg to refeF*you to my Despatch, No. 274: dated 4th May 1865. A
(Government House is now maintained here, but not "at great expense " to the Colony.
SomeW the expenses which should properipbe charged to the*miblic are now defrayed
by the Governor. The words'7*' each has a Private Secretary," appear from the context
to'Be intended t8 convey the idea oij'a public charge, the fact^peing that the Assembly
have refused to vote the salary of the Private Secretary of the Governor of this Colony.
Paragraph 9- If it be not premature to discuss a civil list for the united Colonies, I
am prepared to show that the amounts proposed are very inadequate.
Paragraph 10. This is a matter of hypothesis which Her Majesty's Government
will1-know how to deal with in a proper manner$r
Paragraphs 11 atid 12. The representative institutions of Vancouver Tsland do not
give much earnest of better things from similar institutions in the united Colonies.
"An economical government?" would doubtless be advantageous. The scheme of
opening'tiie communication 'aerossxhe Rocky M^puntains may be of greap advantage as
the interior of British Columbia becomes settled ana.jopened up.
Paragraphs 13 to l^.°YJn.ave earnestly advocated' the estaj^shment of ajBritisb.Jme
of steamers between this Colony and Panama, but the Assembly; have hitherto interposed
insurmountable Obstacles in the *way py'refusing to* vote a sufficient subsidy, and bar-
the rejection of a postal la"w, besides the Barrier which the uncertainty of the continuance or re^emion of votes of subsidies has presented to any Company contemplating
the establishment of such a line. The suggestion of the importance of establishing
efficient and regular postal communication with the Mother country has until the present
Mme been treated with'neglect and indifference by the Assembly. I have not: been
without hopes that a subsidy of such an amount dsTthe two Colonies could have afforded
would, with a due assurance of permanence, have led Her Majesty's Government to
consider favourably a proposal to increase the subsidy to such an amount as would have
induced a responsible company to undertake the service.
Paragraph 16. The large sums referred to in this paragraph as being now paid to
keep up a connexion with California cannot be considered as part of a steady and
determined scheme of communication with the Mother country,f .although, in fact, that
^annexion involves a portion of the whole route. The " large sums " are being expended
for the purpose (proper and useful in itself) of attracting the traffic expected to-arise
this year to a new gold field'bn the Upper Columbia River, through Victoria and by
the wayvbf the Fraser River, rather tban allowing it to pass through United States
te^mory.
Paragraph 17.    I believe the natural resources of these Colonies to be such as with
sufficient development would secure lasting prosperity to both.
I cannot conclude without drawing yflur attention to the fact that this Memorial
Is
MMMMK. BRI^f^QWMBIfA ^NDAmFCO^^fER ISWrl^D.
m
i& thelai^iilfeMfee.veralisecr^'j^ttiag^ oJri%e Assembly, aE^iJbhutiI amjo^hie^ofeBe^B.iiittei'irVANcouvEB
ignorance of the number of Members from whom it emanates, andorf the degreseroof    Island.
unanimity witEF which it was'adopted\°and I think, looking at tfce recent instances in
whi^h mattersioSnportance have been discussed in a thin House, and carriedijy ani$ow     f||
majority, it is a matter for regret that I am not able to afford you any   information
on this point.
Enclosure in Jj$o. 7.
Encl. in No. 7.
a
To the Qui^e^.most ExcellentsMajesty."
% Most Gracious Sovereign,
" We, Your Majesty's most dutiful and loyal subjects, the Commons House of Assembly of
Vancouver Island in Parliament assembled, in full assuranee of Your Majesty's desire to promote the
welfare of Your people, beg leave humbly to address ourselves to Your Majesty upon matters of the
deepest interest jfo-Your faithful subjects in-this Colony.
"We humbly represent that, desirous of reaching the foot of the Throne before theirecess of Parliament, we transmitted by telegraph on the 20th June to Your Majesty's Principal Secretary of State
for the Colonies a few brief resolutions/on the condition of this Colony, which his Excellency
Governor Kennedy declined- to transmit unless approved by the Legislative Council, urging immediate
union of Vancouver—Island and British Columbia under a liberal constitution; and we would now
respectfully submit for the consideration of Your most Gracious Majesty, the following more detailed
views on the same subject.
2. " We would, in: ithe first place, state tfiat both Vancouver Inland arai British Columbian -are at
present suffering grievously from a variety of evilSj some of which are the inevitable results of cireupew
st&nees incident to new colonies, others arising from the continued separation o£-Vancouver IslandQs&id
British Columbia, by which a system of legislation has been adopted in the Legislative Council of thj|
latter Colony, hostile alike to Imperial and Vancouver Island interests, and others again flowing from
the unnecessarily expensive and highly impracticable systems of government of both Colonies, which,
while oppressing the people with an insupportable burthen, have at the same time preventred the
passage of Hberal and necessary laws to promote the settlement and development of the country?
. The first of these evils are of such a nature as will gradually effect their own cure, but the second
and third are entirely under the control of Your Majesty's Government, and it is with the earnest hope
that Your most Gracious Majesty will be pleased to grant such relief as in Your Majesty's judgment
may be deemed expedient,—
" That we humbly pray:—
3. I First. For immediate legislative union of Vancouver Island and British Columbia, countries
which, we believe, were only placed temporarily under different governments through Imperial expediency. The interests of the Island and of the mainland have always been and are identical, no!
merely from the fact of these communities trading with each other-and owning allegiance to the same
authority, but also from their being dependent on each other in the most absolute sense.
4. " From 1858 population and capital have been gradually centeringsln Vancouver Island, and it is
from these two elements principally that the mineral resources of British Columbia have been aiffl
are being developed. It is from Vancouver Island mainly the capital flows that brings*^ to light the
hidden wealth of Caribou and other ■ gold fields, and it is from the same source the majority of the
mining population of British Columbia, who reside in Vancouver Island the greater portion of the
year, is obtained. It will thus be seen that Vancouver Island's interest in the mainland is more than
an ordinary interest, and that what affects the prosperity of the latter country, whether it be the
enormous expenses of its government, or the ill-judged and unpopular character of its laws, acts in a
corresponding degree on the former. How deep the interest is which British Columbia feels in
Vancouver Island will be best ascertained by a perusal of the petition for union forwarded some time
ago by the Administrator of the Government of British Columbia to Your Majesty, signed, as it
was, by all the principal merchants, manufacturers, miners, traders, and farmers in the neighbouring
Colony.
5. " Second. We would further state that while the combined population of both Colonies, exclusive
of Indians who contribute in some degree to the revenue, does not exceed ten thousand persons, the
expenditure of the two Governments amounts in the aggregate to nearly two hundred thousand pounds
a year. It is scarcely necessary to point out to Your Majesty the unparalleled and ruinous character
of the taxation required to support such an outlay, and the absolute necessity for a form of government that will bear more lightly on the inhabitants, and afford them more effective means to check
extravagance.
6. " In British Columbia, as Your Majesty's Government is aware, the government is carried on by'a
Legislative Council, consisting of ten official and five unofficial members. The system virtually stifles
public sentiment, as, from causes which are inseparable from an overwhelming official influence in a
Legislative Chamber in a young country, the usefulness as wrell as independence of the non-officnM.
members is seriously impaired. Salaries are raisecl and expenses incurred under such a state of things
that could never be done^Snder a more liber&l and responsible form of governments
7. 1 The constitution of Vancouver Island is free from some of the evils which exist in the constitution
of the neighbouring colony, but the unduly official and nominative character of the Clipper House has
created serious dissatisfaction throughout the Colony, the members acting i&i diseDtljaHSl&gonism to the
Assembly, and throwing out, session after session, measures which the public interest loudly and persistently demands.
"By such determined hostility to the Lower Houscas^this irresponsible body has evinced, and
the refusal of the Governor to grant necessary information to the Assembly on matters affecting the
B 2 i$
FURTHER PAPERS RELATIVE TO THE UNION OF
Vancouver   vital interests of the colony, the welfare of the country has been deeply injured and the Legislative
Island.      Assembly reduced almost to a nullity.
—— 8. | We would, therefore, pray that in uniting the two colonies Your Majesty's Government will be
graciously pleased to grant to the people such a constitution as will, while reserving to the Crown
every prerogative consistent with representative government, enable them to control the manner and
amount of the taxation and expenditure, and, if necessary, prevent the official element acting to the
country's detriment by hostility to the people and their representatives.    As one portion of the great
expenditure above stated we would humbly represent that the salary of the Governor of British
Columbia was raised by the Legislative Council of that colony to 4,000/. a year, and 1,000/. per annum
are allowed for travelling expenses.    The salary of the Governor of Vancouver Island is 3,000/.    For
fi| each, at great expense, a house is maintained, and each has a private secretary.
9. " With a view to laying down the groundwork of economy in the government of the country, we
would respectfully submit for Your Majesty's consideration the following civil list for the united
colonies:—
PI
it
Governor        -
Two Judges -
Colonial Secretary - -
Surveyor General     -
Collector of Customs -
Attorney General (with permission to practise)
Treasurer
Total
£
2,000
2,400
600
500
600
400
500
7,000
§j An amount as great as, with the present serious liabilities and ever recurring need for internal
improvements in both Colonies, can, we believe, for some years hence be afforded.
10. "It would, however, be extremely difficult to construct and sustain an economical and useful
government after the two colonies shall have been united, unless they shall be presided over by a
Governor not in any way interested in the continuance of a system which has grown up during the
past years of imprudence and disregard of popular rights, possessed of large experience in the affairs
of colonies enjoying representative institutions, and one whose cordial co-operation with the people's
representatives might be relied on; for, it has been found impossible to effect any very perceptible
retrenchment under existing circumstances.
11. "We would express our belief that, with representative institutions and an economical government suited to their financial ability, the colonies will, after union, advance in a steady and sure course
of prosperity.
" Their progress would be greatly promoted by the opening of communication from the Pacific to
the fertile plains and auriferous streams of the Saskatchewan country, east of.the Rocky Mountains.
12. "This has already, to a considerable extent, been effected by governmental and private en terprise*
and a further advance eastward will probably soon be made; but, as part of the projected highway
between the Atlantic and Pacific, this undertaking, from its important bearing on Imperial interests,
may yet claim aid from Your Majesty's Government.
13. "Another measure which would greatly benefit the United Colonies, is steam communication
with Panama, and connexion at that port with the West India Steam Ship Company's line from
England to Aspinwall.
14. | This, we are informed, will be furnished by the above-named Company, provided they are
guaranteed annually 20,000/., or eight per cent, on the amount of capital deemed necessary for the
undertaking. Such a connexion would greatly foster British interests as well as British sentiment in
this part of the world, besides paving the way for greater undertakings of the kind in future, having
in view connexion between ' Confederated British North America,' and the rich and populous countries
on the Asiatic shores of the Pacific.
15. " Referring with pride to the great and, for the small number of tax payers, unprecedented
efforts heretofore made by both Colonies in self support and internal improvements, we profoundly
regret that it will be out of our power to procure the vast advantage of the steam communication above
mentioned, unless Your most Gracious Majesty's Government should be pleased to extend a helping
hand to these young and struggling Colonies, believing, as we do, that if it assumes one half the expense,
the Mother country will reap its full share of the benefit.
16. "Without connexion with the Mother country by means of mail steamers the progress of these
Colonies is greatly retarded; and so deeply is this felt by the people, that large sums are now paid
to a foreign steamboat company by each Colony to keep up connexion with California, although the
compensating advantages arising from this outlay cannot be compared with those that would-result
from subsidizing a British line of steamers between Panama and these colonies.
17. " With faith in the mineral and other numerous resources of British Columbia and Vancouver
Island, which are gradually being developed under great difficulties, and feeling the most unbounded
confidence in the maternal solicitude of Your most Gracious Majesty for the well-being of all your
loyal subjects, we believe that the present appeal for such institutions and other reasonable aid as will
conduce essentially to the welfare and happiness of the united Colonies, will not be made in vain.
" And we, Your Majesty's loyal and devoted subjects, as in duty bound, will ever pray."
H§S J- S. Helm ck en, Speaker.
House of Assembly, Victoria, Vancouver Island,
22nd June 1866. OF BRITISH COLUMBIA AND VANCOUVER ISLAND.
13
Mr. Franklin said that it was an incongruity for the House to pledge itself to abide by the decision
of the Secretary of Sta_te for the Colonies. He hoped to see the present House dissolved, and then they
would get a dissolving view of the question. They could not legislate beyond the session, and besides
some of the members may resign, and the sense of the country might change in a couple of years
Mr. Tolmie cited the example of the eastern British North American provinces, wherein they pledged
themselves to abide by the decision of the Home Government in their action with respect to the
Confederation scheme-
A few further remarks were made, and the resolutions passed as a whole by a vote of 8 to 4.
Ayes:—Tolmie, Dickson, Powell, Duncan. Demies, Carswell, DeCosmos, Bayley.
Noes:—Burnaby, Young, Franklin, Southgate.
(
V
British
Columbia
and
ajicouver
Island.
No.
No. 7.
Copy of a  DESPATCH  from  Governor  Kennedy,   C.B.,  to the  Right  Hon.
Edward Cardwell, M.P.
(No. 15.—Separate.)      '.     .    "',.t/ Victoria, March 21, 1865.  flBj
'        „ -rx i   tvt ■     „ (Received, May 15, 1865.) '
Referring to my Despatch No. 14,* of this date, I have the honour to transmit * Pager,.
certain  resolutions   and a report of the Chamber of Commerce of Victoria, on the
subject of union with British Columbia.
I have, &c.
The Right Hon. Edward Cardwell, M.P., (Signed)        A. E. KENNEDY,
&c. &c. &c Governor.
>.
Enclosure in No. 7.
Sir? Chamber of Commerce, Victoria, Vancouver Island, March 9, 1865.
Herewith I have'the honour to hand you a series of resolutions, and a report relative thereto,
passed unanimously at a meeting, of the Chamber of Commerce, held on the 6th instant, and signed by
the members.
On behalf of the Chamber, I hare to beg that you will be good enough to lay these resolutions
before his Excellency the Governor, with the request that his Excellency will be pleased to complv
with the prayer therein contained, and to transmit the documents to the Secretary of State for the
Colonies.        £tfi
I have, &c.
(Signed)        Jules David,
President of the Victoria Chamber of Commerce.
Henry Wakeford, Esq., (Signed)        A. F. Main, Secretary
Acting Colonial Secretary.
Encl. in No.;
Victoria, Vancouver Island, March C, 1865,
The committee appointed by the Chamber of Commerce to draft a series of resolutions bn the
subject of union with British Columbia, as viewed in connexion with the new tariff, respectfully submit
the following resolutions and report for the consideration of the Chamber :—
Resolved,—
1. That an equitable union of the Colonies of British Columbia and Vancouver Island at as early a
date as possible is essential to the maintenance of imperial and local interests in the British,
possessions of the North Pacific.
2. That the Chamber of Commerce adhere, nevertheless, to its resolutions on the subject of the-
free port lately adopted, believing that the interests of the two Colonies, whether united or
separate, will be best maintained by the preservation in its integrity in this Island of the free trade
policy hitherto pursued.
3. That these resolutions, with the annexed report, be signed by the whole of the members of the
Chamber of Commerce, and transmitted by the president to his Excellency the Governor, with
the prayer that they may be forwarded for the consideration of the Secretary of State for the
Colonies, with the resolutions of the House of Assembly on the same subject.
Passed unanimously at a general meeting of the Chamber of Commerce held the 6th day of
March 1865.
In adopting the aforegoing resolutions the members of the Chamber of Commerce of Victoria, Vancouver Island, representing as they do the chief part of the capital that has been invested in the joint'
development of British Columbia and Vancouver Island, deem it proper to place on record the facts and
circumstances that necessitate their present expression of opinion.
Prior to the year 1858 the British possessions in the North Pacific attracted but slight attention ; the
trading posts and forts of the Hudson's Bay Company, and a few farming establishments on Vancouver
Islanef under their control, being'the only inducements for commerce, which, therefore, remained
entirely in the hands of the company by whom Vancouver Island was then held under a chartei from
the Crown. ... I
The discovery of gold on the River hT&ser in 1858, and the large floating population it attracted,
chiefly from California and Oregon, gave ah entirely new impetus to commerce.   Merchants and traders
B 4 ■■
British
Columbia
and
Vancouver
Island.
14
PAPERS RELATIVE TO THE PROPOSED UNION
followed the new community with capital and enterprise to supply its requirements in the quickest
manner and from the most convenient point.
The action of the Hudson's Bay Company in its corporate capacity, as well 'as of the several members
in their individual interests, proves conclusively that from the first the main land and Vancouver Island
were regarded as identical, and their separation, as a temporary condition of imperial policy, arising
out of the grant of the Island to the Company.
Victoria, as early as 1843, was selected by the Hudson's Bay Company as the most eligible spot for
carrying on business in North-west America to the best advantage, and the merchants who followed
them in 1858 ratified the wisdom of that choice.
It should be borne in mind that there were many reasons why American merchants should have
settled b) preference on the opposite coast, and should h.ave thus derived on their own territory the
privileges for a coasting trade as well as of importing American produce dutyfree; there were the
further inducements of good town sites, excellent harbours, and access to British Columbia overland ;
but Victoria, with the prestige of a free port, offered greater advantages still.
The commanding nature of its  geographical position, its convenient and"* capacious harbours of
Victoria and Esquimalt (the only safe harbours on the sea-board north of San Francisco, a distai
700 miles, and approachable at all times by night or day for sea-going ships of any burthen)
of
he
comparatively large area of open land in its vicinity; its proximity to the coal-fields of Nanaimo, and
its temperate and delightful climate, all indicated it as a natural depot, from whence might be
supplied not only the requirements of British Columbia, but of Puget Sound, Oregon, California,
Mexico, the Hawaiian Islands, and the Russian possessions in the North Pacific (all of which have
since become the customers of Victoria, and give promise of increasing trade), and thus to build up an
entrepot for, British commerce and influence, the vast results of which, in course of time, can only be
matter of conjecture, occupying as Victoria does a most important position in what, when overland communication is opened through British Columbia, will be the shortest and healthiest route from Great
Britain to her many valuable possessions in the .east. ;J
The recent action of the United States Congress, in voting a subsidy for monthly mail steam communication between China and San Francisco evinces that our neighbours are fully alive to the value
of securing this important traffic for themselves.
The selection of Esquimalt as the naval station for the North Pacific proves that these several points
have been duly weighed by the Imperial Government and their value recognized.
The internal resources of Vancouver Island, extensive and promising for the further successful
working of minerals, farming, and manufactures, are only casually referred to, as being but partially
developed. The same may be said of the gold fields discovered last year, which have yet to be proved,
and their richness and extent to be ascertained.
But the commercial interest of Vancouver Island, which is the peculiar province of this Chamber, is
an ascertained fact.
After the formal separation of the Colonies in 1858, and the establishment in 1859 of New Westminster as the capital of British Columbia, their relative positions remained the same, and under the
judicious rule of Sir James Douglas, then the joint Governor of both, the progress of the Colonies was
coincident, and their division merely nominal. The advancement of each was regarded as the benefit
of the other.
The shipping and importing interests were unable to avail themselves of New Westminster, (although
original purchasers, and still extensive holders of property there,) other than as a port of entry to the
interior of British Columbia, for the following reasons :—
The great additional risks and delay for sea-going ships without steam, navigating between Victoria
and the Fraser River.
The intricate, narrow, and uncertain channel through the sand-heads, at the mouth of the Fraser,
available only for ships drawing 16 feet at the utmost, and then requiring the assistance of steam.
The subsequent danger and delay attending river navigation to New Westminster, the current
during the summer freshets being very rapid.
The closing of the river by ice from time to time during the winter season, extending over four
months.
The general inconvenience of the situation for import and export to and from foreign markets and
the limited and uncertain nature of the mere local demand.
Accordingly, in no spirit of rivalry to the sister Colony, but with the clearly-defined purpose of fostering her advancement as the best means of promoting their own, the merchants, without an exception
settled down m Victoria, and under a free trade policy assisted to build it up to its present flourishing
condition, investing considerable sums of money in permanent improvements, and in the establishment
of business connexions, under the belief that the relative positions of the Colonies would remain
without material alteration.
It was hoped they would still work harmoniously together, and that Vancouver Island in maintaining
her independence, and with it her free trade, would find in British Columbia her best customer and her
staunchest supporter; and on these grounds the members of the Chambers of Commerce of Victoria
Vancouver Mand, declined to touch upon union, as being more a political than a commercial question 5 VABStlOUVER ISLAND AND BRFEISI& COLUMBIA.
15
re^^Mn^e^CHmypart, of necessity cease altogether, unless by personal interview with the Honourable Vancouver
the Speaker. Island.
The Assembly have proposed to reduce the salary of the Treasurer by more than 40 per cent., a        	
proceeding which, having regard alone to the circumstances under which that officer accepted public
employment, I think, cannot be regarded in any other light than  as a breach of public faith.    The
"j^Setobly have also expressed their intention of abstaining from making any promsion for a clerk to the
*®peasurer, the consequence of which would be that while the'Treasurer is occupied with his duties in
the Legislative Council his office will of necessity be closed, both for the receipt of taxes and for the
payment of public creditors*}
; No provision appears to be intended for messenger or office-cleaner for the offices of the Colonial
Secretary, Treasure*, or Surveyor General,   so that their offices will remain unswept, and during
winter the fises unlit, unless those officers perform the services for themselves, or themselves defray the
cost of them.
Her Majesty's Secretary of State has laid it down that, in view of the small salary voted for the
Attorney General, he is entitled to the customary fees. But the Assembly have resolved that fees
shall not be allowed to him, and have declined to provide salary for his clerk. It cannot be expected
that this officer will not only prosecute colonial criminals gratis, but also at .thlfe same time forego his
professional opportunities of defending them for probably handsome remuneration.
The Post-Office exists without any legal authority to frame regulations or collect revenue; and I
must decline longer to incur the responsibility of recognizing a department over which I have no legal
control. The views of Her Majesty's Government on this subject may be gathered from the accompanying copy of a depatch from Her Majesty's Secretary of State for the Colonies.
There is no provision niade for the audit of the public accounts beyond a proposal to appoint the
clerE? of the Legislativef'Assembly to the office of auditor, to which, for sufficient reasons, I have
declined to accede. I have in a previous communication assigned a cause for the delay in completing
the audit of the accounts for the year 1865. A failure to make due provision for the continuance of
this service would have the effect ox allowing the public accounts to fall into a state of arrear and confusion, from which they could only eventually be extricated and adjusted by a much larger outlay. j*|j
Although the Registrar General and Assessor are appointed under local statutes, by which their
salaries are fixed and secured to them, the Assembly practically resolve to make no provision for the
payment of their salaries; and their offices, as well as the offices and salaries of the Supreme Court, are
left in a state of uncertainty and confusion.
I think it due to the inhabitants of Nanaimo again to draw the attention of the Assembly to the
insufficiency of sums proposed to be expended for the requirements of that remote and isolated district,
which contains a population of about 800, employed in steady industry ; which is the resort of a large
tonnage of shipping, and which furnishes the only Colonial export. "The Revenue directly received
from this district in 1865 amounted to no less than $5,896, besides indirect contributions which cannot
be accurately estimated; and the amount which the Legislative -"Assembly propose for the carrying
on of the whole of the public business of the district is the very inadequate sum of $800 for jfi Postmaster, Harbour Master, and Collector of Dues," no provision whatever being made for the expenses
of the administration of justice, or for the protection of life and property. Meanwhile, the consequences of the proposed reduction have been highly detrimental?? A town second only in importance
to Victoria has by these measures been left without proper and sufficient magisterial and police
supervision, resulting in the unchecked sale of ardent spirits to the aborigines, and its consequent
crimes of violence, and in unrestrained rioting. The depriving the harbour of that due attention from
a harbour-master which the numerous ships frequenting it have a right to expect in return for the
dues charged against them must injuriously affect the character of an important port.
Insufficient provision for the superintendence and management of the lighthouses must result in their
Hie%rioration, and in an increase of the dangers' of navigation.
I enclose for the information'of the Assembly the copy of a letter received from the contractors for
provisioning these establishments, from which you will observe that the supplies will be stopped if the
outstanding debt be not paid.
The failure to provide for the contingent and unavoidable expenses of unpaid magistrates  will
^necessarily involve a restriction of the administration of justice.
} $6 charitable allowance is proposed to be made for the relief of destitution. It is obviously the duty
of a Community in which no laws exist for such a purpose to make some provision for the relief of
necessitous and afflicted persons beyond the uncertain charity of private individuals.
The nav&lf station of Esquimalt is to be left apparently without a single policeman or a lock-up; and
I think the unreasonableness and impolicy of omitting these precautions are obvious in view of the
large extent to which Her Majesty's Navy contributes to the prosperity and revenue of the Colony.
The amounts proposed to be voted for stationery, light, fuel, and printing, are wholly insufficient.
The proposed appropriation of $250 for stationery for the year 1866 has already been exceeded ; and
I do not, under existing circumstances, feel justified in sanctioning a further outlay for supply without
legal authority to do so.
In  addition  to the  foregoing,  I  would, before closing this communication, refer the  Assembly
"generally to my communfeaKon dated February 2nd, 1866.
In conclusion,  I would  again earnestly impress upon  the Legislative Assembly  the paramount
importance of finding a practical solution for difficulties fraught with evil to the Colony, and the
: prolongation of which will probably; result in further public injuries which no future action of the
g.J^egislature could .repair. feg*
I have, &c,
yifj (Sighed)       A. E. Kennedy, Governor.
r.-i.
3fjf£
B 4 if
ft!-1
Vancouver
Island.
Encl. 3 in No. 9.
16
Sir,
FURTHER PAPERS RELATIVE TO THE UNION OF
Downing Street, December 30, 1865.
With reference to my despatch No. 57, of the 11th of October last, transmitting copies of a
correspondence with the Treasury and the Post Office, as far as it had  then proceeded,  on the
regulation of the Post in Vancouver Island, I have the honour to enclose for your information the
accompanying copy of a further communication from the Treasury.
You will see that the Lords Commissioners of the Treasury feel that there would, be great inconvenience in an interference with this subject by the Government at home, and I quite share this
feeling.
If the Legislature refuse to pass the laws necessary for establishing a postal system, it will be your
duty to exert such authority as, in the opinion of your law officers, you legally possess to supply the
want of legislation. But if you should find that your lawful powers as Governor are not sufficient to
prevent public inconvenience, it will be better that you should leave the community to suffer the consequences imposed upon them by the legislation or nonlegislation of their representatives than that you
should incur the responsibility of any proceedings which are not warranted by law.
I have, &c,
Governor Kennedy, C.B., (Signed)        Edward Cardwell.
&c.        &c.       &c.
Sir, Queen's Market, Wharf Street, Victoria, V. I., July 3, 1866.
A second month's account has now become due to us for supplies to the lighthouse, and there
is no apparent prospect of the same being early liquidated. As we have to pay cash for the same, and
the remuneration not being adequate to our giving credit, we beg you will be kind enough to make
known to us (at your earliest convenience) when we may depend on being paid, before we send the
quarterly rations now ordered for Friday next in advance.
We have, &c,
(Signed)        Hutchinson & Co.,
Per M. H. Myers.
P.S.—The two months now due is principally for supplies furnished on April 5th last.    There is
also a two months account against the Victoria Gaol unpaid.
To W. A. G. Young, Esq., Colonial Secretary.
Enclosure 3 in No. 9.
His Excellency the Governor of Vancouver Island.
Sir, Victoria, July 6, 1866.
I have the honour to inform your Excellency that the communication dated 2nd July 1866, and
elating to the disordered and cramped condition of the Treasury Department, was duly laid before the
Legislative Assembly; and that the Legislative Assembly has passed a bill, and transmitted the same
to the Honourable the Legislative Council, authorizing the raising of a loan of ninety thousand dollars,
the security therefore being the " General Revenue " of the Colony.
I have, &c.
(Signed)       J. S. Helmcken.
No. 10.
* page 42.
t Page 13-
No. 10.
Copy of a DESPATCH from the Officer administering the Government of British
Columbia to the Right Hon. Edward Cardwell, M.P.
(No. 56.) New Westminster, July 14, 1866.
Sir, (Received, August 27, 1866.)
Your Despatch No. 23,* of the 30th April, directs me reduce the expenditure
of the present year to such an amount as maybe covered'by a revenue calculated on
the actual average receipts of the last two years. 1 have, in my Despatch No. 50,
explained the causes of the heavy expenditure of the past; I have also informed you that
the outlay on public works during the present year has been reduced to the lowest limit.
The only manner in which I could carry out the instructions I have received would be
in the reduction of the civil list.
2. During the past nine months I have made reductions under this head, amounting
to nearly 8,000/.; and I am of opinion that considerable reductions may still be made
without impairing the efficiency of the public service, but before doing so I should wish
to receive instructions, as the chief appointments I propose to abolish are held by gentlemen appointed by the Secretary of State; I mean the Treasurer, the Postmaster General,
and the Harbour-master.
3. I propose to abolish the Treasury Department, increasing the staff of the Collector
of Customs by one clerk, and entailing upon the head of that Department the light duties
now performed by the Treasurer.
The postal service of the Colony in no way justifies the appointment of a Postmaster
General. The Registrar General is perfectly capable of undertaking the supervision of the
postal department without any extra assistance or remuneration. The appointment of a
Harbour-master for British Columbia is one that could hardly have been suggested by any VANCOUVER ISLAND AND BRITISB COLUMBIA.
VI
one conversant with the Colony.    The duties, if any, should be performed by the chief Vancouver
revenue officer. j \
4. I may add that, should you direct me to make these reductions, there is no possible
opening for the employment of these, gentlemen in this Colony.
I have, &c.
The Right Hon. Edward Cardwell, M.P. (Signed)        ARTHUR N. BIRCH.
&c. &c. &c.
No. 11.
No. n.
f page 13.
Extract from a DESPATCH (No. 61.) from Governor Kennedy, C.B., to the Right
Hon.- Edward Cardwell, M.P., dated Government House, Victoria, August 8,
1866.   (Received, October 8, 1866.   Answered, No. 15, October 31,1866, page^46.)
"Continuing the subject of my Despatch, No. 60,* of this  day's date, and pre- * Not printed.
vious Despatches, I have now the honour to transmit lengthy Resolutions passed by the
Legislative Assembly as a "reply"  to my Message, dated 6th July  1866, a copy of
which was transmitted in my Despatch No. 50,f dated 12th July 1866.
The history of these Resolutions, as may be gathered from the newspaper reports
contained in my Despatches named in the margin, may be shortly stated as follows :—
Various discussions took place in the Assembly with reference to my Message
between the date of the receipt of it (6th July 1866) and the 25th July, resulting, on
the latter date, in the adoption of these Resolutions. It appears, however, that on the
27th July 1866 the Assembly agreed to postpone the transmission of these Resolutions
to me, sufficient time, as I understand, not having to that hour elapsed for their preparation for that purpose. As I am informed this postponement was resolved upon in the
expectation that a proposition then to be brought forward for the formation of a " Ministerial Council" would be adopted, and my concurrence or non-concurrence in that
proposition was intended to be made the condition on which the Resolutions should either
be finally withheld or pressed forward. The Ministerial Council scheme failed to secure
the approbation of a majority of the Assembly, who finally determined on the ^th August
1866 (more than a month after the receipt of my Message) that the Resolutions should
go forward.
These facts will enable you to form a true estimate of the value of these Resolutions.
I  will  now proceed  to  make such  remarks  upon the  Resolutions,  paragraph  by
paragraph,  as may appear needful, premising only that I trust you will acquit me of
any intention of imposing upon you unnecessary trouble in the perusal of a lengthy
Despatch.
Paragraph 1. You are fully acquainted from previous Despatches with my opinion of
the impracticable nature of the Legislative machinery of this Colony.
Paragraph 3. This paragraph contains a serious mis-statement. The Legislative
Council consists (by one half, not | the majority ") of the four members of the Executive
council, the Chief Justice (who is not a member of the Executive Council) and three
private individuals. The allegation, that in consequence of the Executive and Legislative
Council being 1 the same," the Legislative Council can reject measures, is inaccurate.
The Council, I presume, would have full power to reject measures whatever might be its
composition. •
Paragraph 4. The statement here given of the anomalous relative position of the
three branches ©f the Local Legislature of this Colony bears out statements I have
frequently made. But I only attribute the weary waste of time in the protracted sessions
of the Assembly to the true cause, when I assert that it is to be found in the unfitness
and incapacity of the large majority of the Members of that body to conduce the affairs
even of this small community. The Executive Government, so far from having had
the I supreme control," has been at all times grievously and injuriously harassed, hampered, and perplexed by the impracticability of the Legislative machine. I venture to
express the belief that the possession of such a | supreme control" would have enabled
me to administer this Government with more benefit to the Colony and satisfaction to
Her Majesty's Government and myself than I have unfortunately been enabled to do.
Paragraph 5. The "Ministerial Council" herein alluded to would have formed a
quasi fourth branch of the Legislature, and would in my judgment have been the
cause of much greater complications and perplexities than those I have pointed out.
C le
FURTHER PAPERS RELATIVE TO THH3SJNION OF
Hi
Vancouver I believe it was intended theret^^gsfablish responsible government in a form wholly
Island. impracticable and unsuited to the population and circumstances af the Colony. The adoption of the recommendation contained in the Despatch of the Secretary; of State No^5,
dated 28th February 1856 that the Legislative Council and Assembly should be resojyed
into one body would I think be a simple and practicable mode of bringing the Legislature
into a shape whiejirigiight be worked.
Vide Despatch No. 48,26th June      Paragraph 6.     The  Assembly would,  if permitted, absorb
1866, page 9.    §^    foe whole governing power of the Colony, both executive and
legislative.    I have already stated the real cause  of the protracted sessions of the
Legislature.
Paragraph 7.     I have furnished such full information from time  to time, in relation to the proceedings of the  Assembly in regard to  the Estimates,   as  renders
Vide Despatch, No. 50,12th July much comment. pp. this paragraph  unnecessary.     I will  only
1866, page 13. remind you that the  Assembly has recently had under recon
sideration what is. termed in this paragraph "the usual provision" and "the* usual
authority," statea^to have^been " given five nxBhths ago," and that at this momMit not
only has no Supply Bill been passed by the Assembly, but I am left in ignorance of
that reconsideration, of the finality of which Ircould only be satisfied by the passing of
the Supply BilL|$[I mayjihere mention that the first and principal Appropriation A<*t
for 1865i>received my assent on the 30th March in that year, and that the Session of
the Legislature in^hat year was protracted until the 7th of July. I was informed
by the Speaker a short time ago that it was seriously contemplated by Members of
the Assembly to " tack on | to the Supply Bill other Bills- wnich had been rejected
by the Legislative Council, in the hope thereby to coerce the Council into the acceptance of those measures.
Paragraph 8. I think I have sufficiently shown in previous communications that
" Ways and Means/' have not been provided. A statement of the Expenditure. of
1866 up to 19th June was furnished to the Assembly on 4th July 1866.
Paragraph 9-    I  have already informed  you of the passing  of the  Loan  Bill  in
xr  l^jg&iJB&i        ,o my•; Despatch  named  in the  margin.     The ;sdoubt   I  therein
No. 50, 12th July 1866, page~13.      J \       n    . ., ... e       P. t.      , .        ,        _.   ,
expressed of the possibility ot raising the loan m the Colony
was but too well founded. Not one cent has been offered. Detailed accounts of
Expenditure for the whole of 1865 were furnished to the Assembly as soon as the
audit was complete. A sufficiently detailed account of that Expenditure to the
15th of December 1865, prepared by the Treasurer, was presented to the Assembly,
with the Estimates, on 20th December 1865. I am credibly informed and believe that
the real raim of the Assembly was to obtain even the vouchers of expenditure, in the
hope, by a re-audit of the accounts, to discover some serious irregularity on the part of
the Executive Government in the disbursement of public monies.
Paragraph 10. This paragraph bears out my remarks on paragraph 7. The Supply Bill for 1865 was passed more than three months before the end of the Session.
The argument in paragraph 10 would lead to the conclusion that supplies for any given
year ought not to be voted until the end of the year when the actual receipt of Revenue
had been ascertained, and that financial-legislation should therefore be retrospective, and
the authority for expenditure efapost facto. I am prepared to give sufficient reasons
why " the House was not dissolved," if required to do so.
Paragraph 11. The Address of the House herein referred to was transmitted in my
Despatch No. 48, 26th June 1866.
Paragraph 12. I have already placed before you the " demands made by the Executive," and have shown that the Assembly actually voted sums in excess of those
demands.
Paragraph 13. This subject has, I think, been treated of sufficiently in previous
Despatches. The complaint of the Assembly that that body had no voice in tfcfc
preparation of the Estimates is a remarkable illustration of its desire to usurp Executive
functions.
Paragraph 14. This paragraph commences, in effect, by a condemnation of the
proceedings of the Assembly in voting more than the amount proposed to them in the
Estimates. Had the Executive Government greater influence or authority in the
financial affairs of the Colony, I have no doubt that a saving might be effected in
various ways, and at the same time larger sums applicable to works of public utility
might be raised without unduly pressing upon any portion of the population. I afn
aware of the election of only three members " during the last three months," and not
" four," as here stated. Of those three, one has invariably supported' these Resolutions;
the second has as invariably opposed them; and the third I believe to have given VANCOUVERffiSLAM) AND BRIftSH^OfiUMBIA.
19
them but afiarfial and uncertaifi^pport.    The sta&iment that "the House admits that Vancouver
in many instances the salaries allowed are small," which, I presume, refers to the salaries     Island.
of, public officers, coming from the Assembly, I think I am entitled to regard as the
strongest confirmation of remarks I have made on this subject in previous Despatches.
Paragraph 15. It is physically impossible for the Governor of Ijiis Colony to perform the duty of his private secretary.
Paragraph 16. The statement here made that the Legislative Council sits much
less frequently than the Assembly, I think may be accepted as proof that the latter
body is the cause of the prdff acted sessions of the Legislature. In this paragraph the
Assembly again evinces impatience at the wholesome, though unfortunately oftdif unavailing, restraint imposed upon it by the existence of another body clothed with equal
and concurrent legislative authority.
Paragraph 17. I believe the reduction of the Treasurer's salary to be in effect a
gross breach of public faith. It is without doubt the duty and at the same time
the necessity of the (Colony to pay the cost of receiving and disbursing moneys on
behalf of the public.
Paragraph 18. The same need would exist for cleansing, &c. the public offices,
whether detached or concentrated in one building ; the latter arrangement would be
convenient in other respects, if practicable.
Paragraph 19- The Assembly here merely assert their right to refuse to provide
suitable remuneration for the Attorney Generalfbut fail to offer any defence for such a
proceeding.
Paragraph 20. However greatly the consummation of the union of these Colonies
may be desired, the prospect of it has afforded no adequate ground for refusing to render
efficient so important a branch of the public service as the Post Office.
Paragraph 21. I have discussed this subject in previous despatches. The accounts
which are examined eby the Auditor are those of the Treasurer and other Accountant
officers, of whom the Colonial Secretary is not one.
Paragraph 22. The statement that the Registrar General and Assessor " are not
appomted^'under local statutes " appears to be directly contrary to the fact. The two
offices were created by local statutes, and by those statutes salaries were in terms fixed
for those offices, the incumbents of which were appointed in pursuance of the provisions
of those statutes. Under these circumstances the services of those officers have not
been dispensed with.
Paragraph 23. The Assembly do not meet the statement in my Message that
the amount proposed by the House "for the carrying on of the whole of the public
business of the district (of Nanaimo)" is the very inadequate sum of 800 dollars for
" postmaster, harbour master, and collector of dues." I have elsewhere dealt with the
subject of supplying intoxicating liquors to the Indians.
Paragraph 24. The Assembly affects to be unable to perceive that the effect of
refusing to pay any officer to supervise theTfghtnouses^one distant four and the other
13 miles from Victoria) will be that the necessary superintendence of them must cease,
and that in such an event irregularities perilous to shipping may naturally be expected.
Paragraph 25. This statement will not meet the case I put before the Assembly.
Paragraph 26. The mode here indicated of providing policemen at Esquimalt,
Nanaimo, and other places, would have been practicable if the Assembly had voted the
payment of a sufficient number. As it is, the numbers provided for by the Assembly
are not nearly enough for the town of Victoria alone. I need g not again enter into the
subject of the management of the police and gaol departments.
Paragraph 27- This paragraph may be thus elucidated. The estimates for 1866
were, in December 1865, laid before the Assembly, who, early in the year 1866, reduced
the proposed vote for stationery, &c, and have -since protracted the consideration of
the estimates for so long a period that in answer to an intimation conveyed to them on
the 6th July 1866, they were able, on the 8th August 1866, to inform me that " a
further sum has been placed on the estimates."
Paragraph 28. This is made up of a series of Besolutions cdndemning at first the
proceedings of the Governor of this Colony, and afterwards both the Governor aiid his
Advisers. Entertaining a sincere belief that the information I have from time to time
and at great length furnished to the Secretary of State will have led him to conclusions
preference to myself differing widely from those of the Assembly, I trust I shall not
be thought wanting in respect in abstaining from commenting^ detail upon these
allegations.
In order to render intelligible the complaint of the Assembly that the Governor
I refuses to permit public officers to appear before a Seffeet Committee of the Assembly,"
C 2
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"fi^tf^ftfftlTlmi iWk^m 20
FURTHER PAPERS RELATIVE TO THE UNION OF
Vancouver j w\\\ state shortly the facts of the case upon which I presume that complaint is founded.
81 ' A few weeks since one of the members of the Assembly, Mr. McClure (who has taken
an active part in the preparation and passing of these Resolutions), procured the appointment of himself and two other Members as a committee to inquire into the management
of the Police department. No complaint of irregularity or mismanagement was made
either in or out 01 the Assembly, nor had any application been made to me for information; and when a summons addressed to the Superintendent of Police and two
subordinate members of the force to attend and give evidence before the Committee
was submitted to me, I declined to authorize their attendance. This Committee summoned before it several discharged policemen, whom it examined on oath, a proceeding
wholly unauthorized either b}? law or custom. I am not aware that the Committee has
been productive of any practical result, no report from it having been made public. I
think nothing more demoralizing or injurious to the public service can be conceived than
an inquiry into the conduct of any public department without cause of complaint alleged
or necessity for investigation shown. Moreover, I knew, as I have stated on a recent
occasion, that the condition and efficiency of the Police force had been remarkably
improved under the management of the present Superintendent, with very limited means
at his disposal.
The Secretary of State is in a better position to judge of the nature of the statements which the Governor has laid before Her Majesty's Government with reference
to the Assembly than that body can possibly be. The Assembly, judged by its proceedings alone, cannot appear in a dignified light.
I forbear to make any comment upon the general tone of the Resolutions now transmitted, or upon the language in which they are couched.
Encl. 1 in
No. 11.
Encl. 2 in
No. 11.
Enclosure 1 in No. 11.
Vancouver Island, House of Assembly,
8th August 1866.
To His Excellency Arthur Edward Kennedy, C.B.,
Governor, &c. &c.
Sir,
I have to transmit herewith (in duplicate) certain Resolutions in reply to your Excellency's
communication, No. 33, dated 6th July 1866, reported from Committee of Supply on the 23rd, and
confirmed by the House on the 25th ultimo.
The transmission of these Resolutions was stayed by order of the House, on the 27 ultimo, and
directed to be carried into effect by order of the House made yesterday.
I have, &c.
J. S. Helmcken, Speaker.
Enclosure 2 in No. 11.
Vancouver Island.
166.
Resolutions reported from Committee of Supply, 23rd tluly 1!
Confirmed by the House, 25th July 1866.
The Legislative Assembly, having had under consideration his Excellency's communication,
No. 33, dated July 6th 1866, thanks his Excellency for the opportunity afforded it of stating the
reasons for the course it has pursued during the present session, aud of preventing erroneous
inferences being drawn from the satements contained in that communication.
In order to do so, the House has resolved:—
1. That it is advisable to show, very briefly, the faulty and impracticable nature of the constitution of the government of this Colony, because, from this source, many of the evils complained of in
his Excellency's communication spring.
2. That the Legislative Assembly consists of 15 members chosen by the electors of Vancouver
Island.
3. That the honorable Legislative Council is composed of eight members, five of whom, viz. the
chief justice, the colonial secretary, the treasurer, the (acting) attorney general, and the (acting)
surveyor general, are salaried officers of the Government, the remaining three being also appointees
but not holding any salaried officer. The Governor for the time being, and the same official Members
who form the majority of the Honorable Legislative Council constitute also exclusively the Executive
Council, not one of the Members of the Legislative Assembly having a place therein. It is evidently
consequently that (the Executive and Legislative Councils being in reality the same) the Honourable
Legislative Council can prevent the passage of all measures displeasing to the Executive, however
necessary for the country they may be deemed by the representatives of the people.
4. That such a constitution virtually gives the Executive supreme control, deprives the representatives
of the people of their due and legitimate power, and, owing to its denying the usual bond of union
131
1
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SWttK** " «&• •-■■ -"7 ^^H
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VANCOUVER ISLAND AND BRITISH COLUMBIA.
21
between the Legislative Assembly and the Executive and Legislative Councils so necessary to harmonious Vancouver
legislation, makes the Legislative Assembly an isolated, detached, and, as it were, a foreign body-and      Island.
thus, instead of the system producing one harmonious whole, it divides the Government into separated 1
and disconnected units. Owing to this peculiar and extraordinary character of the Government, it
appears that when any information is desired by the House, it must be sought for and acquired by the
tedious, troublesome, expensive, and cumbrous system of applying therefore by letter and receiving
written answers in return; much time being thereby lost, public business delayed, and the session
prolonged. Questions, too, frequently and suddenly arise to which it is of importance, as well to the
country as to the Executive, that answers should be immediately rendered, but the absence of any one
capable of giving official information in the House makes this impossible, and thus great complications
enite'is considered unnecessary to bring forward any further instance showing the impracticable
nature of the government, that being but too apparent. .
5 That this House did, in an address to Sir James Douglas, when he was Governor, point out
some of the faults and anomalies of the system of Government, and suggested as a remedy that
Members should be chosen from the Legislative Assembly as well as from the Legislative Council and
that they combined should form a Ministerial Council, by which means the various isolated portions of
the Government would be brought into actual communion and connexion, without which, harmonious
action so necessary to legislation, cannot be expected. Such a system would have suited the
SSiSSn^rftiiewuntr?, removed much unnecessary odium and responsibility from the Executive,
Ind enabled it, with the advice of the Ministerial Council, to propose and carry measures desired by
th7 people, and suited to the condition of the country, while at the same time it would have afforded
a meansof supplying the Legislature with much information, viva voce, and thus have saved expense,
treble, anddelay. Sir James Douglas, however, was at that time upon the eve of retiring from
office and he therefore left the subject for the consideration of his successor, Governor Kennedy, who,
howeverTup to this time has not acted upon the suggestion contained therein, and the system of
Government remains as impracticable as ever.
6™m such an anomolous and extraordinary system, comprised of two such incompatible and
hostile forces as a representative and despotic power, each one from its very nature endeavouring to
enforce its pecuhar properties or struggling to defend them, nothing but discord can possibly accrue
Slone orPthe othe? yields. The one to yield must not be the representative power, for it cannot,
daS not! prove false to the interests of the people committed to its charge. If a Legislature thus
comlosedPsWd continue in session, not seven months but the whole year, and yet effect nothing, it
wul not occasion surprise ; indeed, thus far nearly every bill originated by this House has either been
reiected by the Honourable Legislative Council, or so much altered as to necessitate its rejection by
its originators. That the country should suffer in consequence needs no assertion,
its originaio ^  nevertheless, immediately after  Christmas,  take into consideration the
"Estimates of Expenditure," sent down to this House on the 20th December 1865, and did, on the
SlTdTv of January 1866, or five weeks after their receipt, forward to his Excellency the Governor
bv the hand of Mr. Speaker, a copy of the supplies granted for the service of the year, with the request
that the Governor would govern the expenditure thereby, and carry out the suggestions oi the Kesolu-
tions tWn contained. Although, therefore, it may be technically correct that the Legislature has
now been more than seven months in session, and up to this late period of the year no legal provision
has been made for the expenditure necessary to carrying on the Government, still it is also true that
the usual provision was made, and the usual authority for its use given five months ago, and acted
upon by the Executive, although to an extent far below the retrenchment required by the House, and
demanded by_t ^ountry. ^^.^ ^ ^ consideration the I Ways and Means,' and found that the
pstimates of the income for the year 1866 from existing sources, as transmitted to this House by the
Executive and therefore accepted as correct, would more than cover the Expenditure authorized by the
House for the ordinary purposes of Government. Thus, the observation of his Excellency the
Governor that « the Ways and Means needful to meet the Expenditure for the year 1866, had not
been provided by the Legislature, though the estimates were laid before the Assembly on the
90th December 1865 " can hardly be considered to be "a fact;" moreover, the subsequent embarrassment of the Government has been due, not to the neglect of the Legislative Assembly as insinuated,
but to the erroneous calculations made by the Executive of the Income likely to be derived during the
vpar • to the fact of the Expenditure having been much greater than that authorized by the House ;
and that the Bank of British North America declined to advance any further sums to the Executive.
The ' House cannot indeed understand how it happens that at least eighty-five thousand dollars
^85 000) in cash have been expended during the first six months of the present year, and yet that
many public officers should have large arrears due to them, as is stated m his Excellency s communi-
Catq° That this House did likewise consider his Excellency's communications of the 1st June and
2nd July 1866 respectively, relating to the financial embarrassments of the Government, and did on
tbp 6th dav of July, before it had received his Excellency's communication of the same date, hnally
lassTffi^auAorize the contracting of a loan of ninety thousand dollars (090,000) for the purpose
of relieving those persons to whom money was due, and for the purpose of paying off the loan of
Lenly-five thousand dollars (#75,000) contracted by the Governor with the Bank of British North
America. That this Bill would have passed earlier, but for the refusal of his Excellency to
supply information relating to the Crown Revenues, and that the House nad to wait, and wait m vain,
for-detailed accounts of the  Expenditure of   1865, notwithstanding it had been  seven months in
IfSG ?t°was only indeed that the credit of the Colony might not suffer that the House was induced to
nass the Bill before the accounts had been examined. m .
The House deems it to be its unquestionable privilege and duty to examine the accounts m order
to learn that the moneys have been applied to the purposes for which they were intended, a refusal to
C 3
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FURTHER PAPERS RELATIVE TO THE UNION OF
Vancouver
Island.
It
:.- - 1
gi^ant w$iich can only engender slispicion^feHad Ihe House occupied it$&tte position in the Council of
has Excellency iiff%ould have been acquainted with these circumstances, i&jurous jMlfolfeity would have
been avoided, and the Executive would have been relieved of the " heavy responsibility " complained of
by his Excellency.
10. That this House, having thus shown that the Executive was supplied, five months ago, with a
copy of the Supplies granted, and with the usual authority for the expenditure necessary for the
ordinary purposes of Government, and that it did pass measures calculated to relieve the anomalous?
embarrassment of the Government, is also well aware- that the items of the Estimates granted by
the Committee of Supply have not yet been embodied in an Act.
The House, in retaining the Appropriation Bill until the end of the Session, mils only followed the
usual constitutional course ; and that course has not been without benefit, for it has been discovered
that the Income of the year will fall short of the amount estimated by the Executive, by at least
twenty per cent, which, coupled with the fact of the financial Bills of this House having been
rejected b^ the Legislative Council (a circumstance with which the Executive must have been fully
acquainted, and' yet the House was not dissolved), has compelled the House to adopt the unusual
course of reconsidering the Estimates of Expenditure, and has enabled the House to consider the items
in his Excellency's communication in connexion therewith.
This course has caused a still greater prolongation of the Session, and may occasion some delay in
the preparation of the Estimates for the ensuing year; it is hoped however that that delay may be
attended with benefit as well to the Executive as to the country at large.
11. That this House would refer his Excellency to the condition of the Colony at the commencement of this Session, for by that condition, in a great measure, the proceedings of the House were
governed and changes were on that account brought into the Estimates. The House, however, does
not deem it necessary to dwell now at length upon the causes of that condition, they having been
embodied in an Address transmitted to Her Majesty, June 23, 1866.
12. That notwithstanding that condition, the demands made by the Executive for carrying on the
ordinary duties of Government, as detailed in the Estimates transmitted to the House in December,
1865, with a promise of a further Supplemental Estimate, were as large as during seasons of the
greatest prosperity.
13. The House, convinced that in the altered condition of the Colony such a large establishment as
that asked for was not only unnecessary, but that the charge therefor could not be borne by the small
ntimbe^iof the people in the Colony, and fi&at, if voted, it could not be paid, was compelle&^hy a sense
of paramount duty to reduce the expenditure to such an amount as would enable the probable revenue'
to meet the liabilities, endeavouring always not to impair the efficiency of the public service. Y$tifoF
tHJs object, never lost sight of, certain suriis-were disalifcwed as being unnecessary, and certain offices
amalgamated, so that the duties could be performed by one instead of two or more officers. A scheme
absolutely necessary, quite practicable, and only requiring a little willingness on the part of the
Executive to enable it to be successfully carried out.
Had the Representatives of the people had a voice in the preparation of the Estimates, they would
not have been sent down with so many objectionable parts, and would not have required so many
alterations, but as the House had not a voice in their preparation it could not do otherwise than alter
and change them after they had been received, to suit the necessities lQi the times, for, as it is the*"
duty of this House to provide the "ways and means," it must likewise be its privilege to limit the
expenditure.
14. That this House having again considered the " estimates of expenditure " is more than ever convinced of the correctness of its previous proceedings, and now asserts unhesitatingly, that the condition
of the Colony, unimproved as it remains, will, not only not admit of any material increase of the sums
originally voted, but actually demands a further reduction for the purpose of carrying on the ordinary
routine of Government.
Nay, more, this House must seriously urge upon the Executive the absolute necessity for the most
rigid economy and for carrying out the desires of the people ; otherwise the Colony will be run into,
debt, the responsibility of 'whfim the House will most assuredly not assume.
During the last three months four new Members have been elected who coincide.iPully with the
view's of tMs House, and this proves that the House but echoes "the opinions of the public and the well
understood wishes of the people. The House admits that, in many instances, the salaries are small,
but at the same time the reductions have not been made from choice but from necessity.
It is hoped that the reductions may be of a but temporary nature. It cannot, however, be too often
reiterated that the Colony not only does not require, but that it cannot afford to support so extensive
and expensive an establishment as heretofore. To run into debt for services of an unproductive nature
would be manifestly wrong.
15. The House regrets that it cannot make any special provision for a private secretary, but hopes
that His Excellency will consent to bear a little inconvenience whilst the inhabitants of the Colony
and the other officers of the Government are suffering so much, and endeavour to make the means
allowed perform the necessary work. The session, it is hoped, being now nearly at an end, "voluminous
returns " will neither be required, nor will w numerous interrogatories " be addressed to the Governor
much longer; at the same time the House is of opinion that the position of Mr. Speaker will not
admit of his being made the medium of communication of the Executive, and the House cannot forego
its right of obtaining written answers to their communications, written answers being required for the
purpose of record.
16. That the assertion that the session of the Legislature extends over the greater part of the year
(the cause whereof has been herein-before shown) may be technically true, but it is equally true that
neither branch of the Legislature, as a rule, sits more than three times a week (the Legislative Council
indeed sits much less frequently), and then only for two or three hours, and those hours generally
after noon. Sttnt
The injury to the public service alleged to result from the heads of departments attending the Legislative Council can therefore easily be remedied, either by their holding their meetings after office
hours or leaving the legislation to be performed by the unofficial Members.
*
■ V!3
is?* i ^r
VAHC^UVEmiStAND AND BRITimj^MSBWOM
93!
gk||.is certainly to be regrettegjLthat the^heads of departments -sfcioujld ak@{ be Memffegrs'ofl llheskrea Vancouver
sponsible Legislative. Counjgpj, but, at tfee sanjfe time, thet Bouse does not vote money for their Legi&y     Island.
lative servicesj^jE*. enable them to rejectees-Bills, and therefore it is advisable that the salaried officers        	
of the Government'^should primarily devote themselves to those duties for the performance of which
they receive salaries. j; lil llPP
The true remedy for this evil, as well as for others complained5 of, such asl#yolumikous records and
written communications," will be found ina change of the constitution of the Government.
17. Treasurer.—That the House respectfully defies the imputation that the reduction inxthe Treasurer's salary is a breach of faith on the part of the House because that ijofficer's salary was fixed and
g&id by Her Majest^s Government for years out of the Crown revenues.
In fact, it is onlyjLately that the House has been- compelled to sanction the payment df$he salarp
of that&fficer^out of the <3#neral Revejojieiqmlf any injjfet^ilsihas heen committed, the onus must rest
with Her Magesty'ssGovernmenffM
~-j|:§. Office cleaning.-—T^e House believes that it would be economical, useful, and convenient totfiave
the offices referred to transferred to the main Government buildingjLvvhere there is plenty >of>3TO^fflaf
igstead of each officer occupying separate and detached premisesfks at presented
19. Acting Attorney-General.—^The House adheres to^jttog.projrision made for the Acting AitJbcTKeyg
General. Her Mjajesty's Governme&tj having laid down the principle 'that this Colony mustrEot
expect any assistance from Her Majesty's Government towards defraying the ordinary expenses of :itSf
Government, will most assuredly in justice admit the necessity of allowing the GdbnytoiregulateTits
own expenditure.
20. jjfost Office.—The House does not consider it necessary to pass a Postal Bill on account of the
probability ofjbhe immediate union of the Colonies of British Columbia and Vancouver Island.
21.;Al*&it of Public Accounts.—The House begs to call the attention of the Governor to the facl
that nearly two years ago its deliberate judgment was recorded against the appointment of an Auditor,
notwithstanding which his Excellency nominated and caused Her Majesty's Government to sanction
the appointment of the Governo^sv-private secretary to that office. The House adheres to its original
determination that the Clerk of the House of Assembly should audit the public accounts. By this
scheme, not only will the evils prophesied by his Excellency not occur, but on the contrary'much
goodwill accrue and much annoyance and labour be avoided. The Clerk of the House, as the agent
of those who vote the public money, seems to be the proper person to be Auditor, while none could be
more objectionable than a Governor's private secretary§iwho having been acting as ColoniaKSecretary,
is now in fact auditing his own accounts. ip^
22. Registrar General and Assessor.-—These offices are not appointed under local statutes, the
offices are created by statute, but the incumbents have been appointed in the ordinary manner.
ThoHouse, when transmitting the expenditure voted by the Committee of Supply, forwarded also
Resolutions amalgamating the office of Assessor with that of Acting Surveyor General, and supplied a
clerk; but since that time the Acting Surveyor General has been considered to be more an officer of
the Crown than of .the Colony, because the lands still belong toJthe Crown, and therefore the House
has now charged the Treasury with the Assessor's duties, and has transferred the clerk from the Land
Office to the Treasury. The Registrar of Deeds and Registrar of the Supreme Court were also amalgamated, and a salary voted for the incumbent'; the House felt certain that these offices could be
combined without at all impairing their efficiency. The House is now surprised to find that the services
of the superfluotS1 officers have not been dispensed with.
23. Nanaimo. With regard to Nanaimo the House finds that in the copy of the Estimates transmitted
to his Excellency a large amount (about 6,000$) will be foundigeted for local purposes at Nanaimo in
addition to " the inadequate sum of 800$ for postmaster, harbour master, and collector of dues," so that
the insinuation that Nanaimo whic returns 5,894$ to the revenue only receives 800$ is>fwithout foundation, indeed so far from that being the case she actually receives the benefits of the mail steam communication both local, and from San Francisco, and the other advantages of the general Government. It
is true that the House struck out the salary of a stipendiary magistrate, believing the office and the
expenditure to be alike unadvisable.    Unpaid justices of the peace exist in his stead.
The House has reason to believe that Nanaimo has not been without a constable and that the
population is a well conducted one. Moreover the House has passed a Bill and made provision for t^
Chief Justice to hold " sessions " at Nanaimo, and a Bill to give Justices of the Peace power fo adjudicate in civil cases to a certain amount, so that Nanaimo has actually greater facilities for acquiring
both law and justice than heretofore, whilst the means for the protection of life and, property are as
great as ever. 0%
The House therefore cannot understand how § the consequences of the proposed reduction have
been highly detrimental." The law prohibiting the sale of Hquojr to Indians still remains upon the
statute book, and the means of punishing the transgressor have no^Jbeen diminished, but^the House is
of opinion that the law to prevent the sale of liquor to Indians is not only futile but injurious and
3fieapable, practically, of being carried out. In theory, of course, it may be made to appear possible to
prevent the Indians obtaining intoxicating fluids, but when it is considered that the coast of Vancouver
Island is at least 600 miles in length, it will be seen that the prevention is practically impossible, even
if the whole of the revenues of the Colony were applied to the purpose, a course entirely out of the
question.
24. Lighthouses. The house has voted all the supplies asked for the maintenance of lighthouses, and
cannot imagine that the withdrawal of a salary of 500 dollars from the Clerk of the Board of Lighthouse Commissioners, who have only two lighthouses near at hand to look after can possibly increase
the dangers of navigation.
25. Charitable allowances.—His Excellency the Governor is authorized by Her Majesty's Government
to use portions of the Crown revenues for charitable purposes.
26. Naval Station at Esquimalt.-—The House is rio]t unmindful of the benefits conferred upon the
Colony by the presence of Her Majesty's Navy at Esquimalt Harbour. If a constable be occasionally
required, an occasion probably rare, the Executive can detail a policeman for the purpose;. and^Jfbere is
C 4
55355 Vancouver
Island.
f 1 i
H&
l3
24
FURTHDER PAPERS RELATIVE TO THE?UNION OF
no need for voting one specially for the service. This remark also applies to Nanaimo and other
places. His Excellency will find that the Estimates make provision for placing the superintendence
of the Police and Gaol, and keeping the accounts thereof, upon the Stipendiary Magistrate of Victoria,
a duty he formerly performed and can again perform. By this change, those who now act as clerks,
&c, will be disposable for police duty, and thus the number of available men will be increased and the
efficiency of the service certainly not diminished.
27. Stationery.—The House regrets to find that the liberal sums voted for stationery, &c. have been
so soon expended. A further sum has been placed upon the Estimates, and it is hoped that the
strictest economy will be used in its expenditure.
28. The House is reluctantly compelled, after much patience and forbearance, to declare that his
Excellency Governor Kennedy is acting in a hostile manner to the best interests of the country.
That he has declined and does persistently decline to impart to the Assembly necessary information
on matters connected with the public departments and with the expenditure of the public money.
That he obstructs the efforts of the Assembly to reduce the expenses of Government which are far
beyond the capacity of the inhabitants to bear.
That he refuses to permit public officers to appear before a Select Committee of the Assembly to
give evidence as to the working and management of their Departments.
That he endeavours by unjustifiable statements to place the Assembly in a false and undignified
position before Her Majesty's Government.
That his Excellency's management of the Crown lands has been most injurious to the immigrant and
aboriginal population of the Colony.
In view of these facts the House cannot, in justice to itself, to the Colony, and to Imperial interests,
refrain from expressing its utter want of confidence in his Excellency Governor Kennedy, and his
Official Advisers, and the absolute necessity there is for their removal, believing that so long as the
present administration lasts the Colony will continue to suffer by the gradual exodus of its population,
and Imperial interests will continue to be affected in an injurious manner by the prejudice which the
present Government has created against British institutions in the North Pacific.
Ordered, " That duplicate copies of hisjfExcellency's Message, with the reply of the House thereto, be
transmitted to the Governor with a respectful request that his Excellency will be pleased to cause one
of those duplicate copies to be sent with as little delay as possible to Her Majesty's Principal Secretary
of State for the Colonies; and that the honourable the Speaker do transmit a copy of these Resolutions
with the Despatch of his Excellency to which they refer, to Her Majesty's Principal Secretary of State
for the Colonies."
I have, &c
(Signed)        J. S. Helmcken,
Speaker.
R. W. Torrens,
Clerk of the House.
Enclosure 3 in No. 11.
Communication from his Excellency Governor A. E. Kennedy, C.B., to Legislative Assembly of
Vancouver Island.    No. 33.    Dated Government House, 6th July 1866.
To the Honorable the Speaker and Members of the Legislative Assembly.
Gentlemen,
I have the honour to direct the attention of the Legislative Assembly to the following facts
having relation to the finances of the Colony.
The Legislature has now been more than seven months in session, and up to this late period of the
year no legal provision has been made for the expenditure necessary to the carrying on of the Government, nor have the ways and means needful to meet such expenditure for the year 1866 been
yet provided by the Legislature, though the Estimates were laid before the Assembly on the
20th December 1865.
The period of the year will shortly arrive when, according to the rules laid down for my guidance,
Estimates of Revenue and Expenditure for the year 1867 should be prepared, and submitted to the
Legislature for consideration. Meanwhile, the injury to the public credit of the Colony by the stoppage
of payment of just debts of the Government at the Colonial Treasury continues unabated. The communication I addressed to the Assembly on the 1st of June, in which I enclosed a letter from the Bank
of British North America declining to make further advances, and stated that I could not incur any
further responsibility without the distinctly expressed authority of the Legislature, having as yet led to
no practical result; and, as will be seen from the communication I had the honour to address to the
House on the 2nd July, in which 1 called the attention of the House to the fact that two months'
arrears were then due to many public creditors, and in which I enclosed a copy of a letter from the
Chief Justice in which his Honour indicated the probable necessity of closing the Supreme Court for
want of paid officers to conduct the business, further and more serious evils may be anticipated* which
can only be averted by the prompt and judicious action of the Legislature.
I caunot consent to bear any portion of the heavy responsibility I should incur by abstaining from
again urging the paramount importance of relieving the Colony from its present unfortunate condition
of discredit without delay.
I would take this opportunity of recalling the attention of the Assembly to the various votes and
resolutions relating to the expenditure of 1866, which, although come to by the Legislative Assembly
on the 26th of January last, are yet without the force of law.
The Assembly have refused to make provision for a private secretary or for clerical assistance of any
kind for the Governor, and have reduced the staff of the Colonial Secretary's office to one clerk, who is
also clerk of the Legislative Council.   It follows, therefore, that when the Colonial Secretary and his VANCOUVER ISLAND AND BRITISH COLUMBIA.
25
clerk are in attendance on the Legislative Couucil (the session usually extending over the greater part
of the year) the public offices are left without a public officer of any kind.
Notwithstanding this state of things, voluminous returns are called for, and numerous interrogatories
are addressed to the Governor by the Assembly.
The communications of the Governor to the Assembly, under these circumstances, are necessarily
much impeded, and, giving place to other important affairs, will probably, though not without much
reluctance on my part, of necessity cease altogether, unless by personal interview with the Honorable
the Speaker.
The Assembly have proposed to reduce the salary of the Treasurer by more than 40 per cent., a
proceeding which, having regard alone to the circumstances under which that officer accepted public
employment, I think cannot be regarded in any other light than as a breach of public faith. The
Assembly have also expressed their intention of abstaining from making any provision for a clerk to
the Treasurer; the consequence of which would be that, while the Treasurer is occupied with his
duties in the Legislative Council, his office will of necessity be closed, both for the receipt of taxes and
for the payment of public creditors.
No provision appears to be intended for messenger or office cleaner for the offices of the Colonial
Secretary, Treasurer, or Surveyor General; so that their offices will remain unswept, and, during
winter, the fires unfit, unless those officers perform the services for themselves, or themselves defray
the costs of them.
Her Majesty's Secretary of State has laid it down that, in view of the small salary voted for the
Attorney General, he is entitled to the customary fees. But the Assembly have resolved that fees
shall not be allowed to him, and have declined to provide salary for his clerk. It cannot be expected
that this officer will not only prosecute Colonial criminals gratis, but also at the same time forego his
professional opportunities of defending them for probably handsome remuneration.
The Post Office exists without any legal authority to frame regulations or collect revenue, and I
must decline longer to incur the responsibility of recognising a department over which I have no legal
control. The views of Her Majesty's Government on this subject may be gathered from the accompanying copy of a Despatch from Her Majesty's Secretary of State for the Colonies.
There is no provision made for the audit of the public accounts beyond a proposal to appoint the
clerk of the Legislative Assembly to the office of Auditor, to which, for sufficient reasons, I have
declined to accede. I have, in a previous communication, assigned a cause for the delay in completing
the audit of the accounts for the year 1865. A failure to make due provision for the continuance of
this service would have the effect of allowing the public accounts to fall into a state of arrear and
confusion, from which they could only eventually be extricated and adjusted by a much larger outlay.
Although the Registrar General and Assessor are appointed under local statutes, by which their
salaries are fixed and secured to them, the Assembly practically resolve to make no provision for the
payment of their salaries; and their offices, as well as the offices and salaries of the Supreme Court,
are left in a state of uncertainty and confusion.
I think it due to the inhabitants of Nanaimo again to draw the attention of the Assembly to the
insufficiency of sums proposed to be expended for the requirements of that remote and isolated district,
which contains a population of about 800 employed in steady industry, which is the resort of a large
tonnage of shipping, and which furnishes the only Colonial export. The revenue directly received
from this district in 1865 amounted to no less than 5,896 dollars, besides indirect contributions which
cannot be accurately estimated ; and the amount which the Legislative Assembly propose for the
carrying on of the whole of the public business of the district is the very inadequate sum of
800 dollars for " postmaster, harbour master, and collector of dues," no provision whatever being made
for the expenses of the administration of justice or for the protection of life and property. Meanwhile,
the consequences of the proposed reduction have been highly detrimental. A town second only in
importance to Victoria has, by these measures, been left without proper and sufficient magisterial and
police supervision, resulting in the unchecked sale of ardent spirits to the aborigines, and its consequent crimes of violence, and in unrestrained rioting. The depriving the harbour of that due attention
from a harbour master which the numerous ships frequenting it have a right to expect, in return for
the dues charged against them, must injuriously affect the character of an important port.
Insufficient provision for the superintendence and management of the lighthouses must result in
their deterioration, and in an increase of the dangers of navigation.
I enclose for the information of the Assembly the copy of a letter reeeived from the contractors for
provisioning these establishments, from which you will observe that the supplies will be stopped if the
outstanding debt be not paid.
The failure to provide for the contingent and unavoidable expenses of unpaid magistrates will
necessarily involve a restriction of the administration of justice.
No charitable allowance is proposed to be made for the relief of destitution. It is obviously the
duty of a community in which no laws exist for such a purpose to make some provision for the relief
of necessitous and afflicted persons beyond the uncertain charity of private individuals.
The naval station of Esquimalt is to be left, apparently, without a single policeman or a lock-up;
and I think the unreasonableness and impolicy of omitting these precautions are obvious in view
of the large extent to which Her Majesty's navy contributes to the prosperity and revenue of the
Colony.
The amounts proposed to be voted for stationery, light, fuel, and printing are wholly insufficient.
The proposed appropriation of 250 dollars^for stationery for the year 1866 has already been exceeded;
and 1 do not, under existing circumstances, feel justified in sanctioning a further outlay for supply
without legal authority to do so.
In addition  to the  foregoing, I would, before closing  this  communication, refer the   Assembly
Vancouver
Island.
generally to my communication dated February 2nd, 1866.
In conclusion, I would  again earnestly impress upon  the
importance of finding a practical solution for difficulties
fraught
Legislative  Assembly the  paramount
with evil to the Colony, and the
D HI
it
-   :"■
26
FURTHER PAPERS RELATIVE TO THE UNION OF
ft
Vancouver
Island.
prolongation of which will probably result in further public injuries which no future action of the
Legislature could repair.
I have, &e.
(Signed)       A. E. Kennedy, Governor.
Vancouver Island (No. 74).
Sir, Downing Street, December 30, 1865.
With reference to my Despatch No. 57, of the 11th of October last, transmitting copies of a
correspondence with the Treasury and the Post Office, as far as it had then proceeded, on the
regulation of the post in Vancouver Island, I have the honour to enclose for your information the
accompanying copy of a further communication from the Treasury.
You will  see that the  Lords  Commissioners  of the  Treasury feel  that there would be  greafr
inconvenience in an interference with this subject by the Government at home, and I quite share this
feeling.
If the Legislature refuse to pass the laws necessary for estabfishing a postal system, it will be your
duty to exert such authority as, in the opinion of your law officers, you legally possess to supply the
want of legislation. But if you should find that your lawful powers as Governor are not sufficient to
prevent public inconvenience, it will be better that you should leave the community to suffer the-
consequences imposed upon them by the legislation or non-legislation of their representatives than that
you should incur the responsibility of any proceedings which are not warranted by law.
I have, &c.
Governor Kennedy, C.B. (Signed)        Edward Cardwell.
&c. &c.
Sir,
Queen's Market, .Wharf Street, Victoria, V.I.
July 3, 1866. '
A second month's account has now become due to us for supplies to the lighthouse, and there
is no apparent prospect of the same being early liquidated. As we have to pay cash for the same,
and the remuneration not being adequate to our giving credit, we beg you will be kind enough to
make known to us (at your earnest convenience) when we may depend on being paid, before we send
the quarterly rations now ordered for Friday next in advance.
We have, &c. .Jsj
(Signed)        Hutchinson & Co.
(Per H. Myers.)
P.S.—The two months now due is principally for supplies furnished on April 5th last.    There is
also a two months' account against the Victoria Jail unpaid.
To W. A. G. Young, Esq.
Colonial Secretary.
No. 12.
Encl. in No. 12.
SlB,
No. 12.
Copy of a DESPATCH from Governor Kennedy, C.B., to the Right Hon. Edward
Cardwell, M.P.
(No. 66.) Government House, Victoria, August 31, 1866.
(Received, October 29, 1866.)
(Answered, No. 24, November 16, 1866, p,:47.)
In compliance with the request of the Legislative Assembly of Vancouver IsFand,
I have the honour to transmit certain further Resolutions passed by that body on the
subject of union with British Columbia.    These Resolutions were passed five days before
the Assembly expired by efflux of time.
I do not deem it necessary to occupy your time with any comments upon the value
of " Representative Government * as practised in this Colony. The experience of the
last two years may, I think, be taken as a fair criterion in regard to the future.
I have, &c.
The Right Hon. Edward Cardwell,M.P. (Signed)       A. E. KENNEDY,
&c. &c. &c. Governor.
Enclosure in No. 12.
Resolution passed the Legislative Assembly, August 28,1866.
This House, anxious to see the Colonies of Vancouver Island and British Columbia united under
one Government, and relying on those liberal and enlightened principles which now happily govern
the relations of Her Majesty's Government with the Colonies of Great Britain, passed, on the 25th of
January 1865, a series of resolutions expressing a willingness to submit to any constitution which Her
Majesty might be pleased to grant. Having from recent circumstances, however, learned that He?
Majesty's Government, contrary to the present colonial policy of Great Britain, contemplated in the
scheme for uniting these Colonies a withdrawal of representative Government from Vancouver Island,
this House is reluctantly compelled to rescind those portions of such resolutions above mentioned as
• VANCOUVER ISLAND AND BMTISHtCOLUMBIA.
27
might lead Her Majesty's Government to believe that this House, though still desirous of a union with Vancouver
British Columbia,  is willing to relinquish representative Government, for any advantage that might     island.
accrue from such union.  And this House expresses its adhesion to the series of resolutions on the state
of the Colony passed by this House on the 21st June 1866, and transmitted to Her Majesty.
2. That his Excellency Governor Kennedy be respectfully requested to transmit the foregoing to
Her Majesty's Secretary of State for the Colonies without delay.
(Signed)       J. S. Helmcken, Speaker.
(Signed)        R. W. Torrens,
Clerk of the House.
No. 13.
Copy of a DESPATCH from Governor A. E. Kennedy to the Right Hon. the E|$£
of Carnarvon.
(No. 77.) Government House, Victoria, October 1, 1866.
J^Y Lord (Received, November 10, 1866.)
I have the honour to acknowledge the receipt of your Despatch, No. 3,* 13th
August 1866, transmitting a copy of the Act passed by the Imperial Parliament for the
union of the Colony of Vancouver Island with the Colony of British Columbia.
Your Lordship may feel assured that I will afford Governor Seymour my cordial
co-operation in supporting the policy of Her Majesty's Government in the consolidation
of these Colonies which it has been my earnest desire to see effected.
I beg to offer my very grateful thanks for the favourable view you have been pleased
to take of my administration of the government of this Colony.
I will place myself at Governor Seymour's disposal as to the time of my departure
for England.
I have, &c.
The Right Hon. the Earl of Carnarvon, (Signed)        A. E. KENNEDY,
&c. &c. &c. Governor,
No. 13.
* page 44.
No. 14.
Copy of a DESPATCH from the Officer administering the Government to the Right
Hon. the Earl of Carnarvon.
(No. 90.) Victoria, Vancouver Island, November 19, 1866.
Mr Lord (Received, January 14, 1867.)
I have the honour to acquaint you that the | British Columbia Act, 1866," has
been this day published and proclaimed in this place, in accordance with the terms of
the Act; and that therefore, from and after this date, the form of Government existing
in Vancouver Island as a separate Colony ceases, and Vancouver Island becomes united
with British Columbia, as provided by the Act.
I have, &c.
The Right Hon. the Earl of Carnarvon, (Signed)    WILLIAM A. G. YOUNG.
&c. &c. &c. *4H
No. 15.
Copy of a DESPATCH from Governor Seymour to the Right Hon. the Earl of
Carnarvon.
(No. 1.) New Westminster, November 20, 1866.
My Lord (Received, January 14, 1867.)
1 have the honour to report that I landed in Victoria on the 7th instant. Governor Kennedy had left the Colony, and the administration of the Government was in
the hands of Mr. Young, the Colonial Secretary. I was received with great coldness,
but no disrespect, by a large concourse of people. I regretted to observe a look of
extreme depression upon the town and its inhabitants.
2. On the following day I received the addresses from the mayor and corporation and
from the fire brigade, copies of which I have the honour to enclose, together with copies
of my replies.
3. As I could take no share in the administration.of the affairs of the Island until the
union of the Colonies had been effected, I proceeded to%Tew Westminster on the 10th
D 2
No. 14.
. British
Columbia.
No. 15.
iWiiiMiii 28
FURTHER PAPERS RELATIVE TO THE UNION OF
n
British     instant to resume the duties of my office.    I met with a most loyal and gratifying
Columbia,   reception.
4. I enclose copies of Addresses interchanged with the City Council and Hyack Fire
Brigade.
have  &c.
The Right Hon. the Earl of Carnarvon,      (Signed)       FREDERICK SEYMOUR.
Encl. 1
in No. 15.
&C.
&C.
&C.
Enclosure 1 in No. 15. of November 20, 1866.
Address presented to his Excellency Frederick Seymour, Governor of British Columbia, by the Mayor
and Citizens of Victoria.
We, Her Majesty's loyal subjects, the mayor and citizens of Victoria, beg cordially to welcome
you as our Governor, and would also extend our congratulations to Mrs. Seymour on her safe arrival
at her new home.
Believing that you desire the wellbeing of every portion of the Colony, and will readily support all
measures calculated to promote the general good, we earnestly hope that under the Divine blessing
your Excellency's administration may conduce to the growth and prosperity of the united colony.
(Signed)        L. Franklin, Mayor,
  and others.
His Excellency's reply.
Mr. Mayor and Gentlemen,
I receive with much gratitude the address which you have presented to me on my arrival in
this Colony. Mrs. Seymour will likewise feel greatly indebted to you for your kind reception. I am
fully aware that I owe to your loyalty alone the address I now receive, but I trust the time is not far
distant when I may deserve some personal friendship at your hands.
ft*
Encl. 2
in No. 15.
Enclosure 2 in No. 15.
Address presented to his Excellency Frederick  Seymour,  Governor of British Columbia, by the
Victoria Fire Department.
May it please your Excellency,
The Fire Department of Victoria beg respectfully to congratulate your Excellency upon your
safe return to these shores.
Acknowledging and appreciating as we do the deep interest which your Excellency on all occasions
formerly manifested in those institutions having for their object the public good, we feel confident
that the new era in our colonial history, about to be inaugurated by your Excellency, will be one of
prosperity not only to the united Colonies but to this Department.
Your Excellency will be pleased to learn, that, notwithstanding the obstacles which have unavoidably
arisen during the present year, depriving the department of public support, its members, recognizing
the fact that the existence of an efficient Fire Brigade was essentially necessary for the protection of
the fives and property of the citizens of Victoria, have up to the present time, at their own expense,
maintained its organization intact. |
Your Excellency may rest assured that this address proceeds purely from a desire to express our
loyalty and respect towards one occupying the high position of the representative of our beloved Queen,
and we earnestly hope that your Excellency and ladymay be long spared to spend many happy days
amongst us.
We have, &c.
(Signed)       J. C. Keenan and others.
To which his Excellency replied:—
Gentlemen,
I can assure you that I receive with feelings of great satisfaction the addiess you have been kind
enough to present to me. I fully appreciate the sentiments of loyalty to Her Majesty which induced
you to give a cordial reception to Her representative. You may depend upon receiving support and
assistance so long as I have the honour to administer the Government of this Colony. We meet as
strangers. It will be my stedfast purpose to conduct the affairs of the Colony in such a manner that
when we part Victoria may believe that she parts with a friend.
i 1
Encl. 3 in
No. 15.
Enclosure 3 in No. 15.
Address of the Municipal Council, New Westminster, to his Excellency Frederick Seymour,
Governor of British Columbia.
May it please your Excellency,
We, Her Majesty's loyal subjects, the president and members of the Municipal Council of the
city of New Westminster, would desire to approach your. Excellency upon your return from England ; VANCOUVER ISLAND AND BRITISH COLUMBIA.
29
and, in the name of the people we represent, cordially welcome .you back to this the seat of your
government. While we cannot point to any very great progress made by this city during your
Excellency's absence, yet it is a satisfaction to know that some substantial advancement has marked
that period, and that the commercial crisis which has overtaken these Colonies has fallen with less
severity upon this community.
The past year has been one of peculiar anxiety to us; and your Excellency's opportune presence
at the seat of the Imperial Government, at a moment when important constitutional changes in the
relations and institutions of these Colonies were taking place, appeared almost providential; and it
was with lively satisfaction we observed the deep interest manifested by your Excellency in the welfare
of the country.
We confidently accept your Excellency's return as the surest guarantee that the claims and
interests of our city will not be overlooked, and that the administration of public affairs under a new
condition of things, unsought by the people residing on the mainland, will be such as to advance the
general prosperity and promote the permanent interests of the country, and in some measure atone
for the very meagre share the people are as yet permitted to have in the management of their affairs.
In conclusion, we again most cordially welcome you to our city, a welcome we also desire to extend
to Mrs. Seymour; and we would offer you both our joyful congratulations upon your safe arrival, in
the good providence of God, at what we trust may prove an agreeable and happy home. Wishing
you every happiness and prosperity, we have the honour to remain your Excellency's" most faithful
servants.
(Signed)        J no. Robson, and others.
British
Columbia.
His Excellency replied as follows:—
Mr. President, and Gentlemen of the Municipal Council,
It is with the greatest satisfaction that I find myself among you again, and that I receive the
address you are good enough to present.
Indisposition has prevented my judging personally of the president condition of your city. If the
somewhat oversanguine expectations of some of my correspondents have not been fully realized, it
is at least most gratifying to me to learn*that some substantial advancement has been made within
the last year. I well know the good feeling, energy, and self-reliance of the people of New Westminster, and sincerely hope that the solid prosperity they deserve may soon crown their exertions.
The time of my absence from you has, 1 can assure you, not been a mere holiday; and much
anxious reflection has preceded the advice, which on matters of great importance to us, it has been
my duty to tender to Her Majesty's Government. A desire to promote harmony and good will has
been my principal guide in my public actions, and I allow myself to believe that I already see on
both sides of the Straits a feeling of friendship growing up between the English communities, whose
artificial separation has now but a few hours of existence.
As regards myself, important duties, many of them of a painful nature, are now before me; and I
ask of you, and all the colonists from Victoria to Cariboo, a lenient and. indulgent consideration of my
earlier acts.
I think that you will believe that the interests of New Westminster will not be indifferent to me.
I agree with you in the opinion that the share which the people will, for a short time, have in the
direct management of their affairs, is not so large as we could desire; but no government over which
I preside will ever consider itself above the wholesome control of public opinion.
I can assure you that Mrs. Seymour and myself were greatly touched at the reception accorded
to us on our arrival in New Westminster. I would beg you, the representatives of the city, to convey
in our joint names to your fellow citizens our very grateful thanks for the cordial welcome we have
received.
Enclosure 4 in No. 15.
Address of the New Westminster.Fire Company to his Excellency Frederick Seymour, Governor
of British Columbia.
May it please your Excellency,
We, the officers and members of the Fire Department of New Westminster, desire to offer to
your Excellency our warmest welcome upon your safe arrival in British Columbia.
We also beg to assure your Excellency that during your absence we have looked forward with
pleasure to your return, assured of its being the arrival cf a warm friend, one to whose kindness and
fostering care the Fire Department of New Westminster owes, in a great measure, its present state
of efficiency; and while we rejoice to receive you once more as our esteemed Governor, the representative of our gracious Sovereign, we trust we may be permitted to offer your Excellency and
Mrs. Seymour our earnest and hearty good wishes, with the hope that many years of happiness may be
vouchsafed to both.
We have, &c.
(Signed)        F. G. Richards,
Chief Engineer, and others.
Encl. 4 in
No. 15.
His Excellency replied as follows:—
Gentlemen,
I thank you very much for your address of welcome. I can assure you that Mrs. Seymour
and myself feel very grateful for this manifestation of your kindness, following so closely upon the
warm and generous reception you accorded to us on our arrival.
You certainly may rely on my friendly efforts to assist your department in every way I can.
D 3
Wgjgi';
-
~_.££&£
	
~~ British
Columbia.
30
FURTHER PAPERS RELATIVE TO THE UNION OF
Although I learn with regret that your jijervices have been in unusually frequent request of late*
the accounts I hear of your performances in time of need are most gratifying.
I am very glad to find myself amongst you again, and felt the other night very much as if I was
returning to a home.
No. 16.
, i
No. 16.
Copy of a DESPATCH from Governor Seymour to the Right Hon. the Earl of
Carnarvon.
(No. 2.) New Westminster, November 21, 1866.
My Lord (Received, January 14, 1867.)
I have the honour to state that on the 19th instant, at noon, I proclaimed the
Imperial Act 29 & 30 Victoria, chapter 67, simultaneously in Victoria and New Westminster, and thus effected the union of the Colonies.
2. There was no enthusiasm or excitement shown in either town. Yet I believe that
in each the prevalent opinion is that a wise measure has been taken by the Imperial
Government.
3. I enclose certified copies of the proclamation.
I have, &c.
The Right Hon. the Earl of Carnarvon, (Signed)      FREDERICK SEYMOUR.
&c. &c. &c.
Encl in No. 16;
>
I
Sir,
Enclosure in No. 16.
Sheriff's Office, New Westminster,
November 19, 1866.
I have the honour to enclose herewith, for his Excellency's information, " The Union Proclamation, 1866," which I have (as certified thereon) duly published and proclaimed at noon this day,
at the Treasury Buildings, New Westminster, in the presence of the officials whose names are
appended to the certificate of proclamation, and a large concourse of people.
I have, &c.
The Hon. Arthur N. Birch, J. A. R. Homer,
The Colonial Secretary of British Columbia. Acting High Sheriff.
Know all men by these presents that I, Joshua Attwood Reynolds Homer, high sheriff of the
Colony of British Columbia, and under and by virtue of authority in me in such behalf duly vested,
do hereby notify to all Her Majesty's subjects, and whom else it may concern, that -I have on this
Monday, the nineteenth day of November, in the year of our Lord one thousand eight hundred and
sixty-six, duly and publicly read, published, and proclaimed the Proclamation hereunto annexed, by
his Excellency Frederick Seymour, Governor of the said Colony, at the Treasury Buildings within
the city of New Westminster, in the said Colony of British Columbia, at the hour of twelve at noon.
As witness my hand and seal this nineteenth day of November, in the year of bur Lord one thousand eight hundred and sixty-six.
(l.s.)     - J. A. R. Homer,
Acting High Sheriff for
British Columbia.
The within Proclamation was read and proclaimed, and these presents executed, by the said Joshua
Attwood Reynolds Homer, in the presence of—
C. Brew, J.P.
Charles W. Franks, Treasurer.
Henry P. Pellew Crease, Attorney-General.
Arthur T. Bushby, Registrar-General.
It
d
Proclamation by his Excellency Frederick Seymour, Governor and Commander-in-Chief of Her
Majesty's Colony of British Columbia and its Dependencies, Vice-admiral of the same, &c.
Whereas by an Act of Parliament made and passed in the session of the Imperial Parliament
holden in the 29th and 30th year of the reign of Her Majesty Queen Victoria, chapter 67, intituled
" An Act for the Union of the Colony of Vancouver Island with the Colony of British Columbia,*'
it was among other things enacted that from and immediately after the proclamation of the above-
mentioned Act of Parliament by the Governor of British Columbia, the Colony of Vancouver Island
should be united with the Colony of British Columbia and form one Colony in manner in such Act
mentioned: VANCOUVER ISLAND AND BRITISH COLUMBIA.
Now, therefore, I, Frederick Seymour, Governor of the said Colony of British Columbia, do
hereby proclaim and publish the said Act for the guidance of Her Majesty's subjects and all others
whom it may concern, as follows:
[Then follows the Imperial Act Anno vicesimo nono and tricesimo Victoria' Reginse, chapter 67,
" An Act for the Union of the Colony of Vancouver Island with the Colony of British Columbia."]
And I, the said Frederick Seymour, as such Governor as aforesaid, do hereby further proclaim and
publish that the Colony of Vancouver Island shall, from the proclamation hereof, be and the same is
hereby united with the Colony of British Columbia, and the said two Colonies shall, from the proclamation hereof, form and be one Colony, with the name of British Columbia.
And I, the said Governor, do hereby further proclaim and publish that, notwithstanding the union
aforesaid, the laws in force at the proclamation hereof in the separate Colonies of British Columbia
and Vancouver Island respectively, until it is otherwise provided by lawful authority, shall remain in
force as if the said Act had not been passed or proclaimed; save only that the laws relating to the
Revenue of Customs in force in British Columbia at the proclamation hereof, shall, until otherwise
provided by lawful authority, extend and apply to Vancouver Island; and until it is otherwise provided by lawful authority, the Governor of British Columbia shall have, in relation to the territory for
the time being under his government, all the powers and authorities for the. time being vested, in
relation to the United Kingdom, in the Commissioners of Her Majesty's Treasury or in the Commissioners of Her Majesty Customs, with respect to the appointment of warehousing ports, and the
approval and appointment of warehouses or places of security in such ports, and everything consequent
thereon or relative thereto.
And I, the said Governor, do hereby further proclaim and publish that all and singular other the
clauses and provisions of the said Act, shall take full effect in the said Colonies and Dependencies so
united as aforesaid, under the name of British Columbia, as and from the proclamation hereof.
This proclamation may be cited as "The Union Proclamation, 1866."
Issued under the public seal of the Colony of British Columbia, at New Westminster, British
Columbia, this Seventeenth day of November, in the year of our Lord One thousand eight
hundred and sixty-six, and in the Thirtieth year of Her Majesty's reign.
By command.
Arthur N. Birch,
Colonial Secretary.
Grod save the Queen.
No. 17-
Copy of a DESPATCH from Governor  Seymour to the Right  Hon.  the Earl
Carnarvon.
(No. 4.) Victoria, 21st December 1866.
My LORD, (Received, Feb. 25, 1867.)
I have had the honour to receive your Lordship's Despatch No. 15,* of the
31st October, placing on record some of the motives by which Her Majesty's Government were actuated in effecting -the complete union of Vancouver Island with British
Columbia.
2. I have forwarded a copy of your Lordship's Despatch to the late Speaker of the
House of Assembly, and have caused it to be inserted in the Gazette. I consider it
calculated to effect much good in calming local irritation. Vancouver Island is now m
a state of great depression, but I believe that most persons are sanguine as to the future
of the united Colony.
I have, &c.
The Right Hon. the Earl of Carnarvon, (Signed)     FREDERICK SEYMOUR.
&c. &c. &c.
No. 18.
Copy of a DESPATCH  from   Governor  Seymour to the Right Hon.   the  Earl  of
Carnarvon.
(No. 23.) New Westminster, January 11, 1867.
My Lord, (Received, Feb. 25, 1867.)
I informed your Lordship in my Despatch No. 1,* of 20th of November, that
I had been received with great coldness in Victoria, with considerable warmth in New
Westminster.
2. I considered it advisable to return, shortly after union had been effected, to the
former town, and endeavour to remove the suspicion with which my assumption of the
===- :
-    ., ;	
 ^i :	
MNHMMMNMi ■•«
*
& I
II
32
FURTHER PAPERS RELATIVE TO THE UNION OF
fI •
1!
1
I
British
Columbia.
Government of the island was evidently received. Duties, too, of a very important and
far from pleasant nature, required my presence in the capital of the late Colony of
Vancouver Island. I had to prepare measures for the amalgamation of the laws of the
two sections of the community, to fuse into one two distinct staffs of public officers,
and to provide without legislative assistance for manj^ difficult details which it would
have been impossible for your Lordship to have foreseen. No Appropriation Act had
been passed. The conflict of some of the laws of the two sections of the Colony
rendered it necessary for me, in more than one instance, to take very extraordinary
powers into my hands. These questions will form the subjects of distinct reports.
The Despatch which I am now writing has for its object only to inform you of the
improved relations now subsisting between the inhabitants of Vancouver Island and
myself.
3. I have the honour to forward :—
lstly. An address presented to me by the new mayor of Victoria, and of my reply.
2ndly. One from the minister and managers representing St. Andrews' Church in
Victoria, and my reply.
3rdly. One from the settlers and property holders in the Cowitchan Valley: and
4thly. An Address from the people of Nanaimo.
This last, it will be seen from my letter to the chairman of the public meeting, I
could not, under peculiar circumstances, receive in person.
4. Various deputations waited on me in reference to matters of importance, and I
hope that the replies I gave were generally satisfactory. Victoria presents every
aspect of adversity, yet I think a feeling generally prevails that better days are
before us.
5. The British Columbian Customs Act has been extended over Vancouver Island
without embarrassment. I have established, in obedience to the instructions of your
Lordship's predecessor, a most liberal system of bonding.
6. It may seem perhaps a trifling matter to mention officially, but I would beg
leave to state that during my month's stay in Victoria I gave three balls, which were
very numerously attended. I do not believe that a single person invited declined to
come for political reasons.
7. The Island Press has become moderate in its toue. The | Evening Telegraph,"
which excelled all other periodicals in invective, has ceased to exist.
8. I enclose, as a sample of the distrust which prevailed in regard to my administration, a memorial respecting the removal of certain public offices, together with
my reply.
I have, &c.
The Right Hon. the Earl of Carnarvon, (Signed)       FREDERICK SEYMOUR.
&c. &c. &c.
.
M
II 1
11
LI
2
'   f
1 III
Encl. 1 in
. No. 18.
Enclosure 1 in No. 18.
^ddress presented to Governor Seymour by the Mayor and Corporation of the City of Victoria,
Vancouver Island.
May it please your Excellency,
We, the mayor and council of the city of Victoria, Vancouver Island, Her Majesty's loyal and
devoted subjects, beg to welcome your Excellency to this city as Governor of the Colony and
representative of our most gracious Sovereign Queen Victoria.
We trust that under the guidance and fostering care of your Excellency public confidence will be
restored, and that trade and commerce will again be prosperous and flourishing throughout the entire
Colony.
We feel that we shall at all times find in your Excellency an able advocate of all measures which
may tend to strengthen and support our municipal institutions, and promote the best interests of the
city of Victoria.
In offering our congratulations on your Excellency's safe arrival in the Colony, we beg also to
extend a most cordial welcome to Mrs. Seymour, and hope that you may both enjoy the blessings of
health and happiness.
We have, &c.
(Signed)       W. J. McDonald, Mayor,
Richard Lewis, Councillor, and others.
Governor Seymour's Reply.
Mr, Mayor and Gentlemen of the Council of Victoria,
I feel much obliged for your goodness in presenting me with an address of welcome to your
city, and fully appreciate the sentiment of loyalty towards our Sovereign which has dictated it.
■
• I ■■■HI!
VANCOUVER ISLAND AND BRITISH COLUMBIA.
33
I fear that so long as gold remains the principal staple of the Colony much more will depend upon
the success of the prospector than the skill of the administrator or the wisdom of the law maker;
but I may assure you that you may depend upon my most anxious desire to carry Out such measures
as may appear beneficial to the community at large.
I greatly regret to perceive abundant evidence that the year about to close has not been one of
prosperity, yet I allow myself to hope that the present despondency will be dispelled, and a revival
of confidence take its place. Though the finances in both sections of the Colony are much embarrassed,
I trust that reductions in the public establishments, aided by the daily diminishing demand for
expenditure on public works of magnitude on the mainland, may bring matters to a more satisfactory
condition. .....
You may rely upon my constant desire to strengthen and support your municipal institutions, and
promote the best interests of the city of Victoria.
Though all that remains of the once complete freedom of your port, I do not think the commerce
of Victoria will suffer in consequence, as the most liberal system of bonding will be introduced. I
trust that the prosperity of your city, as well as of the Island generally, may be soon promoted by
the abolition of a tax on real estates which presses heavily in times of difficulty.
Mrs. Seymour joins me very sincerely in the expression of obligation with which I commenced my
reply to your address.
British
Columbia*
Enclosure 2 in No. 18.
Address presented to Governor Seymour by the Minister and Managers of the St. Andrew's Church
of Scotland at Victoria.
May it please your Excellency,
We, the undersigned minister and managers representing St. Andrew's Church established in
the city of Victoria, and in connexion with the church of Scotland, desire most heartily to congratulate
you on your Excellency's present advent amongst us as the representative of our beloved Sovereign
Queen Victoria, and as Governor Gf the United Colonies of Vancouver Island and British Columbia,
The branch of the National Church to which we belong was established by Act of Parliament, at
an early date in the history of our Protestant faith, 1560, was solemnly ratified and confirmed by Act
of King James VI., 1592, and Act of King Charles I., 1644. During the 300 years of her existence
she has been distinguished by her loyalty and moderation, the struggles she has undergone in
maintaining a well defined union of the church and state, the illustrious names of those who have
taken part in her ministry,  and the  successful education of a pious, intelligent,  and industrious
people.
As in duty bound, and as a Christian church, it is our earnest desire, and will be the subject of
our constant prayer, that the great Head of the Church, the only source of true wisdom to all
rulers, both civil and ecclesiastical, may endow your Excellency with every requisite gift and grace,
and abundantly bless your administration of the affairs of the now united Colonies, so that peace,
prosperity, and happiness may distinguish the whole course of your Excellency's rule.
That your Excellency may be long spared to fulfil the high functions with which you have
invested with satisfaction to yourself and benefit to the people at large, is the earnest prayer of
(Signed)        Thomas Somerville, M.A.
R, Wallace, and others.
been
Governor Seymour's Reply.
Gentlemen,
I thank you very deeply for the address you, the minister and managers representing St.
Andrew's Church of Victoria and in connexion with the Church of Scotland, have just delivered
to me.
I am well aware of the history of the Church of Scotland, in whose worship I have often joined
with devotion and I trust benefit during my happy visits to the North.
I am well assured of your loyalty to the Sovereign whom I have the honour temporarily to represent
in this Colony, and I now trust that loyalty and your Christian spirit will induce you to give me credit
for. good motives, at least, in the performance of the duties which are before me.
I sincerely join you in the prayer that peace, prosperity, and happiness may flourish within the
united Colony.
Enclosure 3 in No. 18.
Address from Cowichan.
The following Address from the Settlers, Residents, and Property Holders in the Cowichan Valley
was presented on Saturday to the Governor.
May it please your Excellency,
We, the undersigned inhabitants of Cowichan, beg most respectfully to congratulate your
Excellency on Jthe safe arrival of yourself and Mrs. Seymour in the Colony, and we trust you may
both be preserved in the uninterrupted enjoyment of perfect health, and that your stay among us may
ever be regarded with pleasure and gratification.
As inhabitants of the most important agricultural settlement in the Colony, we trust it will suit
your Excellency's convenience, at an early date, to afford us an opportunity of giving your Excellency
a personal welcome, from which we regret we are by distance at present excluded.
We also trust we may be permitted most respectfully to express our hope that the united Colony of
British Columbia and Vancouver Island may, under your Excellency, so steadily increase in popula-
E
Encl. 2 in
No. 18.
Encl. 3 in
No. 18.
——7-
-  •• British
Columbia,
34
FURTHER PAPERS RELATIVE&TO THE UNION OF
tian and wealth as may afford your Excellency the well-merited approval of success, and give occasion
to all under your Excellency's Government to look back upon your administration as the wisely directed
commencement of a career of healthy progress, and that this earnest and sincere hope may be full^
accomplished, we trust that the blessing of God may attend upon all your counsels.
We have, &c.
(Signed)       Wm. Sheldon Reece,
Minister of Cowichan,
and above 50 others. I
His Excellency, in replying to the address, said:—
Gentlemen,
It is with great pleasure that I receive the address presented by you on behalf of certain
inhabitants of Cowichan. Mrs. Seymour joins with me in cordial thanks to the signers of it. I am
sure our stay in the Colony will be attended with pleasure to us should prosperity return to these
shores.
I  shall have great pleasure  in paying you an early but short visit, in anticipation of a more
lengthened one at a season of the year less unpropitious to the labour of the farmer.
I sincerely trust that the hope you express that the Colony may increase in population and wealth
may be realized. I know no British dependency more favoured by nature, and we want but the
establishment of regular steam communication with the Mother country to induce many immigrants
to avail themselves of the vast resources of British Columbia. I am not without hope that such communication will be speedily established with the assistance of the Imperial Government.
^Believing that the worst days of the Colony are now passing, and that brighter prospects are before
us, I shall use every effort to make permanent any improvement that may arise. If I leave the Colony
more prosperous than I find it, I shall indeed have cause to look back with satisfaction to the period
of my administration.
Encl. 4 in
No. 18.
HI
Enclosure 4 in No. 18.
The Inhabitants of Nanaimo to His Excellency Governor Seymour.
May it please your Excellency,
The inhabitants of Nanaimo, in public meeting assembled, beg most respectfully to congratulate
your Excellency on your safe arrival as Governor of this Colony, and to express the pleasure and
satisfaction it affords us to record your Excellency's visit to this town.
We are pleased of the opportunity which now offers itself, to declare personally to the representative
of our most gracious Majesty, our loyalty and attachment to her person and Government; and while
we deeply deplore the present unhappy financial condition of the now united Colonies, we cherish the
confident hope that your Excellency will adopt such measures as shall restore confidence and give free
scope to the capital and wisely directed energies of all; and that the prosperity of the entire Colony
will be promoted by your Excellency's able, impartial, and economical administration.
We wish your Excellency and Mrs. Seymour health and happiness, and trust that your Excellency
will honour us with frequent visits during your official career.
We have, &c.
(Signed)       Robert Dunsmuir, Chairman,
(Signed)     . Mark Bate, Secretary.
Governor Seymour's Reply. g
Gentlemen, New Westminster, December 28, 1866.
I thank you very sincerely for the address you are good enough to present to me.
I regret that circumstances, explained in a letter to the chairman of the public meeting in which
the address was framed, prevented my having the pleasure of receiving it personally, and becoming
acquainted with the inhabitants of your town.
I believe fully in your loyalty to the Queen, and gratefully accept your congratulations on my
appointment as Her Majesty's representative in this Colony.
An extreme pressure of business prevented my paying you more than a few hours visit on a recent
occasion, but I trust ere long to have the pleasure of spending a few days among you.
I deeply regret the present financial depression of the Colony, but I think it will pass away. When
a brighter day arrives I can assure you that-the requirements of Nanaimo will not be forgotten.
Mrs. Seymour joins me in sincere expression of thanks for your address, and hopes to accompany me
in my next visit to Nanaimo.
I have &c.
(Signed)       Frederick Seymour.
Correspondence relating to the presentation of the Nanaimo Address,
Governor Seymour to R. Dunsmuir, Esq.
Victoria, December 21, 1866.
I wish formally to express through you my thanks to "the inhabitants of Nanaimo who attended
the public meeting over which you presided, and framed an address of welcome to me.
I hope that the gentlemen who proposed to form a deputation to present the address fully understood that it was a regard for their comfort alone in the extremely inclement night of last Monday VANCOUVER ISLAND AND BRITISH COLUMBIA.
35
which prevented my receiving them on board H. M. S. " Sparrowhawk," at the late hour at which the     British
meeting broke up. Columbia,
Urgent private business prevented the delaying of my departure.
I shall "be most happj£ to receive the address in any manner most convenient to the people of
Nanaimo.
I have, &c.
(Signed)       Frederick Seymour.
R. Dunsmuir, Esq., to His Excellency Governor Seymour.
May it please your Excellency, Nanaimo, B.C., December 19, 1866.
At a public meeting held at the Court House in this town on Tuesday, December the 18 th
1866, after hearing from the chairman that your Excellency wished the enclosed addressed sent through
Mr. Franklyn or Mr. Southgate it was resolved by the meeting: " That whereas the chairman of the
public meeting last night has reported that the Governor wishes our address to be sent through
Mr. Franklyn or Mr. Southgate; it is hereby resolved, that we express our disappointment with this
reception, and that under the circumstances we forward the address by mail, with a copy of this
resolution,"
I have, &c.
(Signed)        R. Dunsmuir.
His Excellency Governor Seymour to R. Dunsmuir, Esq.
Sir, New Westminster, December 28, 1866.
I have had the honour to receive your letter of the 19th instant, informing me that at a public
meeting held at Nanaimo it was resolved to express the disappointment of the people at the reception
which an address proposed to be presented to me met with.
There must be some misapprehension in the matter. You came on board H. M. S. Sparrowhawk at
9 p.m. on the 17th December. It was raining in torrents. The only communication between the ship
and the shore wastry a plank running from the wharf to the main rigging. .^Jnder these circumstances I
informed you pat I could not think of asking any deputation to meet me on so inclement a night in so
comfortless, if not dangerous a manner; that it was absolutely necessary that I should be in Victoria
on the following day, and that therefore I would receive the address in any manner most convenient to
the inhabitants. I tjaen suggested that it might conveniently come either through Mr. Franklyn or
Mr. Southgate. I believe that I further informed you that it was my intention to pay your town a
more lengthened visit in the spring.
I deeply regret that a regard for the convenience of the inhabitants of Nanaimo should have been
misconstrued into a want of respect.
I enclose a reply to the address.
I have, &c,
(Signed)       Frederick Seymour.
Enclosure 5 in No. 18.
The Public Offices.—Address to the Governor, and Reply.
At a meeting of the citizens of Victoria, held on the 21st inst., it was unanimously resolved that the
following address be presented to His Excellency the Governor by a deputation   of the  following
gentlemen: fer. H. Rhodes, resident partner of the house of Messrs. Janion, Green, and Rhodes,
merchants; Mr. Shephard, manager of the Bank [of British North America; Mr J. Robertson Stewart,
representing the house of Messrs. Lawrence, Clark, and Joyce, merchants; Mr. J. C. Nicholson,
representing Messrs. Dickson, Campbell & Co., merchants; Mr. J. F. McCreigh, barrister-at-law;
James Trimble, physician, Mr. C. W. Wallace, merchant; with the selected members of the Legislative
Council for the city of Victoria, J. H. Helmcken, Esq., and A. De Cosmos, Esq.
The deputation having waited upon his Excellency yesterday, at one o'clock, the secretary read the
address:
To his Excellency Governor Seymour, Governor, &c.
May it Please Your Excellency^—
It being being commonly reported that several of the most valuable institutions of Vancouver Island,
among which we may specify the Courts of Law, the Land Office, and the Office for the Registration
of Deeds, are shortly to be closed and removed to some other part of the Colony, we have deemed it
advisable to appoint a deputation to wait upon your Excellency on this occasion.
We would, in the first place, state that we have not been induced to take this step by motives of idle
curiosity, or with the view of embarrassing your government; on the contrary, we beg to assure your
Excellency that we shall always be found ready to lend our cordial and earnest support to every sound
and just measure having the good of the Colony in view. On the present occasion we feel that our dearest
interests are at stake ; we, and those whom we represent, have toiled and laboured for years past to btfiSd
up and promote the welfare of this Colony, and it has become a home for ourselves and families; our
fortunes are pledged for its support; we have paid all the expenses of its administration; the public
revenue is equal to to its necessary expenditure. We, therefore, can discover no cause for interference
with its'indispensable institutions.
E 2
Encl. 5 in
in No. 18. FURTHER PAPERS RELATIVE TO THE UNION OF
British
OoTiumaiL
While for these reasons we do not believe the reports in question, nor that your Excellency could
ever seriously entertain such views, or contemplate the enforcement of measures so contrary to the
maxims of sound policy, of public convenience, and of the essential wants of a mercantile community,
we would respectfully represent that there exists a profound and very general feeling of alarm on the
subject, and we have waited upon your Excellency, for the purpose of eliciting an expression of your
views, trusting that when made known they may have the effect of removing a prevalent cause of
discontent and of quieting the public mind.
We should not have brought this or any other question of domestic policy, properly the business of
the Legislature, before your Excellency, had we not been deprived by the late Act of Her Majesty's
Government of our constitutional resource and protection, as well as of all power and control in the
management of our own affairs; but there is no alternative left, as your Excellency now holds and practically wields the whole legislative power of the Colony.
Chas. W. Wallace, Secretary. Henry Rhodes, Chairman.
I
Mil
His Excellency returned the following reply :—
Gentlemen,—I am glad, since public distrust exists, that you have addressed yourselves directly to
me. If the immediate control over the management of public affairs is apparently withdrawn for the
present from the representatives of the people, I cannot agree with you that you are " deprived of
all power and control in the management of your own affairs." It is not in an English community
of the present day that a Government can afford to be indifferent to the wishes of the people.
You say that I practically wield the whole legislative power of the Colony. Unquestionably great
powers are temporarily given me in order to bring together communities which ought never to have
severed, and to fuse into one two distinct administrative bodies. No one will see with greater relief than
myself public duties gradually, but I trust, rapidly devolving on those more directly interested in their
performance. As to the mode in which the extrordinary powers for a short time vested in me shall be
used, I make no professions.    I shall leave the people to judge.
You inquire if the Courts of Law, the Land Office, and the Office for the Registration of Deeds are
shortly to be closed and removed to some other portion of the Colony. With regard to the first point
a reference to a letter which I recently addressed in reply to a numerously signed petition will show
that it is my intention to hold myself aloof from all interference with the administration of justice.
In reply to the second question, I have to state that Mr. Pearse has consented to conduct his present
duties during existing financial difficulties at a salary inadequate to his services. Here, also, there will
be no change.
Thirdly, the Office for the Registration of Deeds will be continued.
Such are my intentions, and these I will recommend to the favourable consideration of the Legislative
Council.
No. 19.
page 46.
I
No. 19.
Extract from a DESPATCH from Governor Seymour to the Right Hon. the Earl of
Carnarvon, dated New Westminster, January 11, 1867 (No. 25).
(Received, February 25, 1867.)
{i I consider the whole Government staff of Vancouver Island abolished by the
proclamation incorporating that island with British Columbia. •
It seemed somewhat hard, however, urgently as the Legislature had prayed for
the extinction of the separate existence of the Island as a Colony, that all the public
servants should at once be thrown out of employment. Some were more competent to
fill the particular situations they held than those of corresponding designations on the
mainland.
Under these circumstances I have considered your Lordship's Despatch of the
*14th September 1866, (addressed to me in London,) which authorizes me to effect,
subject to your Lordship's sanction, such reductions in the Civil establishment of British Columbia as our financial difficulties may require, as a sufficient authority for me to
lessen somewhat the severity of the effect of union upon the Government officers of
Vancouver Island. I am selecting the most competent from among the two establishments, and will submit their names for your Lordship's consideration. Many gentlemen, I fear, must lose their offices.
I enclose copy of a circular which I caused to be issued to the public officers of
Vancouver Island.
I am proceeding gradually, but firmly, in the difficult task of reducing the public
expenditure, and it is probable that every officer of the Government, myself included,
will have to make heavy sacrifices in order to relieve the financial embarrassments of
our position. It was indeed time that the Colonies were united. On the mainland
the Customs receipts alone have fallen upwards of 20,000/. below the estimate, and the
Island was in such a position as to be unable to meet its liabilities without a change in VANCOUVER ISLAND AND BRITISH COLUMBIA.
37
the system of taxation or a decided revival of prosperity.     I shall  submit to your     British
Lordship a return showing the financial position of each section of the Colony on the   Columbia.
19th of November, when the union was effected." —I
Enclosure in No. 19.
Circular Letter to the Heads of the Public Departments of Vancouver Island.
End. in No. 19.
Dear Sir,
Government House, New Westminster, November 13, 1866.
You are aware that the office you now hold will be abolished by Act of Parliament, as soon as
the proclamation uniting the Colonies of Vancouver Island and British Columbia shall have issued.
Circumstances and financial difficulties will, I deeply regret to say, compel me to effect considerable
reduction in the public expenditure, and consequently in the double staff of Government officers now
existing in the two Colonies; but I have the permission of the Secretary of State to assure you that
the reduction will not fall exclusively on the public servants of Vancouver Island.
The Queen's prerogative of appointment to office is unfettered by the Act to which Her Majesty has
assented.
It will be my duty to submit to Her Majesty's Secretary of State the names of those gentlemen
whom I may consider best fitted to fill the several public offices which the service of the united Colony
may require.
I am not as yet prepared, within a few days of my arrival, to perform the extremely important and
painful duty which has devolved upon me. I shall, therefore, feel much obliged if you will continue to
fulfil the duties of your office and the employment of your subordinates, until the 31st December
1866. t
A bill of indemnity will be laid before the Legislative Council to protect me from the consequences
of the unauthorized expense I am now undertaking.
I have, &c.
Published by command, (Signed)        Frederick Seymour.
Arthur N. Birch, Colonial Secretary.
No. 20.
Copy of a DESPATCH from Governor Seymour to the Right Hon. the Earl of
Carnarvon.
(No. 30.) New Westminster, January 17, 1867. 1
My Lord, (Received, March 20, 1867.)
I have the honour to report that I have constituted a Legislative Council for the
United Colony of British Columbia, as follows :—
2. In obedience to Her Majesty's commands, I have reappointed the Colonial Secretary (Mr. Birch), the Attorney General (Mr. Crease), the Surveyor General
(Mr. Trutch), and the Collector of Customs (Mr. Hamley). The office of Treasurer
is in abeyance on account of my having been compelled, under circumstances detailed
in another Despatch, to relinquish the services of Mr. Franks. On that gentleman's
departure from the Colony, I propose as a temporary arrangement, to place Mr. Young,
late Colonial Secretary of Vancouver Island, in the office of Treasurer, in order that I
may make use of his local knowledge and experience in the Executive and Legislative
Councils.
3. I have further appointed on my own responsibility nine gentlemen, whose names
are on the commission of the peace, to be members of the Council.    1st, Mr. Wood,
during
late Acting Attorney General of Vancouver Island, to act as  Solicitor General
the legislative session, at a rate of salary equal to that which he drew when holding his
late appointment.    I think his services will be valuable in the amalgamation of the laws
of the two sections of the Colony with which I am now proceeding.
2nd. Mr. Henry Ball is one of our ablest magistrates and acted successfully as
Colonial Secretary during Mr. Birch's temporary administration of the Government.
3rd. Mr. Chartres Brew is the police magistrate of New Westminster. He possesses
fully the confidence of the people, and has frequently been mentioned in terms of commendation by Sir James Douglas and myself.
4th. In the appointment of Mr. Clement Cornwall I sought to represent the agricultural interests and to secure for the Colony the intelligent but unfettered assistance of
an English barrister and gentleman of large stake in the country. Mr. Cornwall represented the Yale-Lytton District in the late Council. I regret to say that a pressure of
private business will prevent his attendance in   Council  during the present  session.
E 3
No. 20. 38
FURTHER PAPERS RELATIVE TO THE UNION OF
British
Columbia,
I hardly know yet whether I shall have to fill up his place.    Mr. Cornwall is an unpaid
justice of the peace.
5th. Mr. William Cox represents the mining district of Cariboo.
6th. Mr. William Macdonald is the Mayor of Victoria. I have placed him in the
position of an independent Member of Council as a mark of the interest I feel in the
welfare of our principal town.
7th. Mr. Charles Nicol also comes in as an independent magistrate. He is the
manager of the Nanaimo Coal Company, and will, with Mr. Southgate, the popular
Member, represent the second town in Vancouver Island and one of our most important
branches of trade.
8th. Mr. Peter O'Reilly is the Chief Gold Commissioner of the Colony, and one of
the best of our public officers. j^
9th. Mr. Edward Sanders is the stipendiary magistrate of the Yale-Lytton District,
an efficient and respected public officer.
4. I apportioned nine seats to be filled on the recommendation of the people. In this
way; five to the mainland, four to the island. The mode of selection was the same as
that previously existing in each section of the Colony. On the Island the old franchise
was retained and the voters stood on the electoral roll. On the mainland, the selections
took place previous to my return to the Colony, and were made by universal male
suffrage of the inhabitants assembled in public meeting, Indians and Chinese, however,
not being allowed to vote. The following is a list of the gentlemen selected and
appointed.
1st. Mr. John Sebastian Helmcken is the late Speaker of the extinct House of
Assembly of Vancouver Island. Although a somewhat vehement politician and disposed
to consider principally the interests of the town of Victoria, I view his return to the
Council with satisfaction.
2nd. Mr. John Robson [is the president of the Municipal Council of New Westminster, and ardently devoted to the interests of the town he represents. He is editor of
the "British Columbian," a journal of-considerable local influence.
3rd. Mr. Joseph Despard Pemberton, late Surveyor General of Vancouver Island,
represents Victoria district.
4th. Mr. Joseph Southgate has been selected by the people of Nanaimo. He is a
respectable and intelligfent;merchant of Victoria. |^
5th. Mr. George Anthony Walken*, a barrister, represents for the 3rd time the
miners^of Cariboo.
6th. Mr. Robert Thompson Smith, one of our most enterprising miners, has been
chosen by the inhabitants of the gold districts of the Kootenay and Big Bend of the
Columbia.
7th. Mr. Edward Stamp, manager of any English Saw Mill company, has been
chosen by the people of Lillooet.
8th. Mr. Amor de Cosmos, one of the most active of the Victoria politicians, has been
selected as second Member for that town.
9th. For Yale and Lytton, Mr. George Wallace, a newspaper editor, was selected.
He resigned, and on a new writ being issued, Mr. Francis I. Barnard was selected.
I know nothing about Mr. Barnard except that he is the energetic Government contractor for the conveyance of the mails between New Westminster and the Upper
Countrv.
5. It is allowed by general consent that such good elements for the constitution of a
Legislative body have never before been collected in these Colonies, and I beg to
recommend the Councillors generally for your Lordship's confirmation.
6. I have made the appointments for two years.
7. It is not to be expected that all will pass over quietly in the first session of the
combined Legislature of two Colonies whose rivalry has disturbed this coast for many
years, yet I allow myself to hope, that no serious obstacles will be placed in the way of
the transaction of public business.
have &c.
The Right Hon. the Earl of Carnarvon,. (Signed)     FREDERICK SEYMOUR.
&c. &c. &c. VANCOUVER ISLAND AND BRITISH COLUMBIA.
39
" ■   ■-'■■ " -   ,      ' :••        No. 21.       y       :•■-.   ■      :.:- :.-'•■;■_:-;. .       ■■
Copy of a DESPATCH from Governor Seymour to the Right Hon. the Earl of
Carnarvon.
(No. 31.) New Westminster, January 21, 1867-
My LORD (Received, March 20, 1867.)
I have the honour to state that I opened the first Session of the Legislature of
the United Colony of British Columbia, on the 24th instant by an Address, copy of
which % beg to enclose.
2. I forward likewise copy of the reply made by the Council.
3. Considering the state of antagonism which has so long existed between the two
sections of the present Colony, I may say that the work of the Session is progressing
satisfactorily.
I have, &c.
The Right Hon. the Earl of Carnarvon,      (Signed)       FREDERICK SEYMOUR.
&c. &c. &c.
British
Columbia.
No. 21.
Enclosure 1 in No. 21.
Speech of his Excellency the Governor at opening of Legislative Council, New Westminster,
January 24th, 1867.
Honorable Gentlemen of the Legislative Council,
I by no means underestimate the importance of the duty which devolves on me to-day of practically giving effect to the Legislative Union of the two British Colonies of the North Pacific. Nor
can I avoid feeling the grave responsibility which rests upon me as Governor under the present distribution of power. There is considerable, though I trust temporary, depression existing in several
portions of the Colony.    There are conflicting interests which time alone can reconcile.
In all Legislative bodies on the English model it is the duty of the head of the Executive Government to state the reasons why such Legislative body has been convened into Session, and this I shall
proceed to do.
But first, it is well that I should lay before you the Standing Orders for the conduct of public
business. They are prepared in obedience to Her Majesty's command, and vary but little from those
previously in force. In deference, however, to the wishes of several Members^of Council, I have struck
out the order fining members for non-attendance.
I place prominently on the list of the measures which I wish you to pass, Bills of indemnity to my
predecessor in office in Vancouver Island and myself for money expended without an Appropriation
Act. The circumstances of the case are sufficiently familiar to all, and I have no doubt but that you
will legalize acts of supreme necessity.
I shall likewise lay before you a Bill to indemnify me for having omitted to enforce certain1,'provisions of the Vancouver Island Stock Act, 1865, and Schedule D. of the Harbour'Dues Act, 1866.
It will be obviously desirable that the laws of the two sections of the Colony should , he assimilated
with as little delay as possible. I do not feel competent, at present, to propose this complete amalgamation. That may be left to the next Session. At present, I will endeavour to induce you to select
from either section such laws as may be best suited to the immediate wants of the community at large.
The Vancouver Island bankruptcy law, and that respecting the registration of titles to land might, I
think, with advantage be extended over the whole Colony. From the British Columbia ordinances
1 would select for general adoption those enabling Indian evidence to be received in courts of justice,
the law for the prevention of the sale of spirituous liquors to the aborigines, and that for the protection
of their graves.
Then I would further favourably recommend for your consideration,—the mining laws as existing on
the main land, the postal, joint stock, trustees' relief, currency, game protection ordinances, and that
for the distribution of the estate of intestates. These have worked well in British Columbia, and it
seems to me that we might beneficially extend their operation. A Bill or Bills for the purpose shall
be laid before you.
As it is proposed to place the Crown lands of Vancouver Island under the control of the Legislature
of the United Colony, as soon as suitably provision has been made for the public service, I shall lay
before you a Bill authorizing the Governor to extend by proclamation the provisions of tm?r present
British Columbia Land Ordinance over the entire Colony, as soon as a satisfactory re-conveyance of
the Island from the Hudson's Bay Company to the Crown shall have been made.
A Bill shall be laid before you to amend the Act giving certain powers to the municipality of
Victoria.
The estimates of revenue and expenditure are prepared, and shall be laid before you at an early
date. I deeply regret to have to state, whatever is well known to you, that the finances of both
sections of the Colony were in a very unsatisfactory condition at the time that the union took place.
Full information as to our exact position shall be laid before you, and I think you will agree with me,
without examining into the question as to which of the two late colonies most required the support
of the other, that union and the consequent large reduction of expenditure came none to soon. But
gloomy as our present position may be, I think we can look to the future with confidence if we work
faithfully together for the public good, merging as far as may be all sectional or local interests in a
desire to promote the general welfare.
Encl. 1 in
No. 21.
E
4.
ft v_ 40
FURTHER PAPERS RELATIVE TO THE UNION OF
British
Columbia.
The estimates are prepared to meet the present condition of things. They will be found, in the
aggregate, to apply for a smaller sum than has for some years past been voted for the service of the
main land alone. As a general rule, with one exception, to which I shall presently refer, all salaries
have been reduced, from my own downwards. Though I, for one, do not find labour, responsibility,
or expenditure diminished by the union of the colonies, other public officers whose salaries are
guaranteed to them by law have cheerfully consented to submit to a temporary deprivation in the
desire to help the Colony in its present emergency. The exception to which I refer is that of the
Judicial Department. It is obviously desirable to avoid any discussion between the Executive Government and the judges in regard to the emoluments of the latter.
While deeply regretting the reductions that I am compelled to make, I must place on record, in the
most public manner, my opinion that the great majority of the public servants who now suffer are
fully entitled to salaries such as they drew last year. I trust that we may regard the present one as
of exceptional embarrassment, and that better times may soon lead to a more satisfactory Appropriation
Act. It is to the amalgamation, however, of offices rather than to the reduction of salaries that we
must look for our future economy, and I shall earnestly recommend to the Secretary of State the
removal to other colonies of some of our public officers. The case of those gentlemen who, through
no fault of their own, lost office on the day of union, shall likewise be brought under the same consideration.
You will find from the estimates that I do not propose to undertake any public work of magnitude
during the year. None are in progress on the main land; one of secondary importance and moderate
expense on the Island approaches completion. The more pleasing task of improvement must be left
for another year. It will be sufficient if for the present we keep our great road system in repair. I
shall be glad if you will express an opinion on two points of importance. What is to be done with the
dredging; machine now lying in Victoria Harbour, and the steam vessel built in connexion with it %
Do you consider it desirable to keep up a Government Assay Office ? On this latter question I cannot
act without the sanction of the Secretary of State. The department was constituted in England, at
the request of the Colony, and has principally been managed by directions from the Lords of Her
Majesty's Treasury. I must further await a decision as to the disposal of the public officers who
conduct the department. Selected at home and proceeding to the Colony on the faith of permanent
employment, having always admirably conducted the business of the office, I cannot imagine that they
will be losers by any opinion you may express.
Great as is the present temporary financial embarrassment, justice requires the abolition of some of
the taxation still existing in the late Colony of Vancouver Island. The real estate tax must be
repealed, and the whole taxation assimilated^ throughout the Colony. Bills having these objects in
view shall be laid before you early in the Session.
The Customs Act requires re-consideration.    A Bill to amend it shall be laid before you.
Such are the principal measures which the Government proposes to introduce during the present
Session. I feel that I have called you together somewhat late in the season; and as there are many
matters of vital importance to be dealt with, I will not impede your progress by any measure which
can be deferred. The Standing Orders, however, provide for the initiation of Bills by any Member of
Council who may be desirous of doing so.
I shall address you, by Message, on the subject of education and a few other topics of importance
during the course of the Session. One of these will probably be as to the cause of the selection made
for the seat of Government of the united Colony. Up to within a few hours of meeting yon, I had not
the intention of touching upon it, but 1 am informed that the question creates an amount of interest
which I cannot comprehend, but which appears to me a sign of great local depression. I shall address
you on the subject by Message.
And now, before leaving you, let me express my confidence that better days are yet in store for us.
The heavy cloud of adversity which hangs over the South lightens as we proceed Northward, and no
winter has yet seen a more numerous and contented mining population than that which is now working
on our gold creeks.
I shall watch with much interest your proceedings in the Session I open to-day. Grave and important duties are confided to our hands, and I firmly believe that they will be fairly dealt with.
Trusting that the blessing of the Almighty may rest upon the efforts we are about to make to promote
the welfare of the magnificent territory He has temporarily committed to our charge, I now leave you
to your deliberations.
Encl. 2 in
No. 21.
Enclosure 2 in No. 21.
Reply of the Legislative Council.
To his Excellency Frederick Seymour, Governor and Commander-in-Chief of British Columbia and its
Dependencies and Vice-Admiral of the same, &c.
May it please your Excellency,
We, Her Majesty's dutiful and loyal subjects, the Legislative Council of British Columbia, have
received with pleasure the speech with which you have honoured us.
We are fully sensible of the arduous and important duties devolving upon your Excellency at this
critical period in the history of the Colony ; and we shall not fail on our part to render every assistance in carrying out all measures calculated to promote the public welfare.
The Acts of Indemnity referred to by your Excellency, and the Bills amalgamating the laws of the
Colony, shall receive our most careful consideration.
We are gratified to learn that the Crown Lands of Vancouver Island are to be placed under the
control of the Legislature. We trust that the reconveyance of the Island will be consummated with
as little delay as possible, and that it will be followed by a general land system, so liberal as to
encourage immigration and settlement, and to foster our agricultural interests.
- VANCOUVER ISLAND AND BRITISH COLUMBIA.
41
Conscious of the financial embarrassment of the Colony we learn with satisfaction that your Excellency has caused the Estimates to be prepared with the strictest economy compatible with the efficiency
of the public service.
Your Excellency having drawn the particular attention of the Council to the Assay office, and to the
dredging machine and steamer, we venture to assure you of the earnest consideration with which
these subjects shall be treated by the Council.
We desire, to express our entire concurrence in the proposed measures for the repeal of the Real
Estate Tax in Vancouver Island, and for the assimilation of taxation throughout the Colony.
We shall look forward with anxiety to the Messages which your Excellency has been pleased to
promise us upon the important subjects of Education and the Seat of Government.
We are fully alive to the serious responsibilities which rest upon us in the discharge of our duties
during the ensuing Session, and we beg to assure your Excellency that the task imposed upon us will
be cheerfully undertaken, that the interests confided to us will be carefully guarded, and that in the
promotion of all measures conducing to the advancement and prosperity of the Colony, your Excellency will meet with our most cordial co-operation. With your Excellency also, we venture to hope
that the days of depression may soon pass away, and we confidently look forward to the wisdom of
your Excellency's administration to stimulate industry, restore confidence, and dispel the present
gloom, fervently trusting that under the guidance of Divine Providence, your Excellency's efforts may
be crowned with success,
British
Columbia.
■
/!../■ 42
FURTHER! PAPERS RELATIVE TO THEgUNlOmjQF
Vancouver
Island.
" ■  Qudwst
Despatches from the Secretary of State.
No. 1.
i
Encl. in No. 1.
No. 1.
Copy of a DESPATCH from the  Right Hon. Edward Cardwell, M.P., to  The
Of&cer administering the Government of British Columbia.
(No. 23.) :- ■:'.'..•'".
Sir, Downing Street, April 30, 1866.
In connexion with the Appropriation Ordinances passed by the Legislature of
British Columbia, No. 18 of 1864, and No. 9 of 1865, upon which I have in another
despatch of this /lay's date signified to you Her Majesty's decision, I have the honour
to forward to you herewith a copy of a letter which has been received^HPem the Board of
Treasury.
This letter enters fully into the financial condition of the Colony for the years 1864
and 1865, and adverts generally to the financial policy pursued by the local government.
In the observations of their Lordships I must express my entire concurrence, and I
beg that the future proceedings of your Government in its financial arrangements may
be regulated in accordance with the views which their Lordships define.
I observe from the returns which accompanied your Despatch No. 11. of the 12th of
February last that the debt due by the Government of the Colony to the Bank of
British Columbia was on the 1st of January last 33,675/., whereas in January 1865 it
was 27,209^. I call your attention to this fact, as it is evident that the expenditure of
the Colony has been continued throughout 1865 at a rate out of all proportion with the
resources at its disposal. It is apparent also that, notwithstanding the experience of
previous years, the error has been again committed by the Colonial authorities of overestimating the revenue of 1865.
I have, therefore, to instruct you that the expenditure of this year must be reduced
to such amount as may be covered by a revenue calculated on the actual average
receipts of the last two years, and that any further large expenditure on new roads and
works of that nature must be postponed until the resources of the Colony will admit of
their being undertaken with less pressure on its finances.
I have, &c.
To the Officer administering the (Signed)        EDWARD CARDWELL.
Government of British Columbia.
Enclosure in No. 1.
Sir,
Treasury Chambers, April 19, |866.
The Lords Commissioners of Her Majesty's Treasury have had under their consideration your
letter of the 15th November last, enclosing with other papers the report of the Auditor General of
British Columbia on the accounts of that Colony for the year 1864.
Their Lordships have also had before them the Colonial Office letter of the 20th ult., forwarding
certain enclosures which should have accompanied your letter of 30th September last, transmitting
for the approval of this Board an Ordinance, No. 9 of 1865, to apply the sum of 225,946/. 12s. 8d. to the
general service of the Colony for that year.
My Lords desire me to state, for the information of Mr. Secretary Cardwell, that they will not
further defer their assent either to the Ordinance No. 18 of 1864, or to the Ordinance No. 9 of 1865 ;
but they think it necessary to add that they give this assent more because of the inconvenience of
withholding their sanction from an expenditure already incurred, than because they are satisfied* that
the expenditure has been prudently undertaken.
My Lords observe, from the report of the Auditor General, that though the Revenue Ordinances,
No. 3 and 18 of 1864, appropriated 195,7167. to the service of that year, the actual expenditure
was 160,350/.
The revenue of that year actually received was, however, only 104,8657. against an " estimated"
revenue of 120,000/., leaving a deficiency of 55,485/, to be met, according to the statement of the
Auditor General, out of the loan of 100,000/. authorized to be raised under Ordinance No. 7 of 1864.
This loan was not raised till April 1865, and then produced less than 94,000/.; and, in consequence
of the late period at which it was raised, the expenditure of the years 1864 and 1865, which was
mainly regulated by that loan, has become in some degree mixed up.
Their Lordships apprehend that it may be ultimately found that some portion of the deficiency of
1864 may have been met by balances on the loan of 1863; but they have no sufficient information
before them to enable them to come to any clear understanding on that point
Accepting, therefore, the statement of the Auditor General, that the whole of the deficiency of that
year had to be met from the loan raised in 1865, it seems to my Lords, that if, of the liabilities of the
.« BH^^nM^BH^H
TOASN335®UVEMr ISLAND AND BRITISH «012©MBIA. &
Colony at the close of 1864, as set forth in the statement which accompanied the report of the Auditor Vancouver
General, those are taken which it was necessary to^rnteet in 1865, and some of which are directly pro-     .Island.
vided &£■ in the estig$tes of-j^St year, an approximate nation may be forfc^HBof the probable financial
condition of the Colony at the close of 1865, supposing that the actual expenditure, within the Colony,
of the different Departments for that year, is actually incurred.
These liabilities appear to be as follows^ viz.:—
Redemption of bonds -
Bills on agents in anticipation of loan raised in 1865    -
Debt due to Bank of British Columbia
Interest due to Bank
Drawback and refunds -
Balance due to agents on 31st December 1864   -
Approximate expenditure of 1864 not brought to account until 1865 - -
Total
But to these habihtie's must be added
(the^amdunt falling due within the year 1865 as
interest and sinking fund on the loans of 1862,
1863, and 1865).
Making a total liability of - - -
£
6,400
26,300
27,210
559
550
2,350
22,000
85,369
22,000
107,369
to be met in 1865, irrespective of the actual departmental expenditure within the Colony.
My Lords turn now to the estimates of revenue and:expenditure transmited for the year 1865, and
they find that the revenue was estimated to produce 153,6157.
From the fallacious nature of the estimate for 1864, my Lords would have been disinclined to admit
the prudence of an estimate, which calculated on a rise from 104,865/., the actual receipts of 1864, to
%3,6157. in 1865.
They observe, however, in the Return of Receipts and Disbursements of the Colony which accompanied
the Colonial Office letter of 11th January last, that the Return of the regular revenue from taxes and
duties for the second quarter of the year was 39,511/. It is possible, therefore, that although the
return for the previous quarter appeared to be so unfavorable, the expectations as regards the revenue
may in that year have been fulfilled; and if such should be the case, my Lords readily admit that it
would be the best and most satisfactory justification for the loan policy which has been sanctioned as
regards this Colony.
Admitting, therefore, though with considerable doubt, the correctness of the estimate of revenue,
the amount applicable to the charges of the year 1865 will consist of—
Revenue ---.-.
Loan of April 1865 -
Due by Her Majesty's Government on account of regimental pay account  -
Advances unaccounted for        -
Total
£
153,615
93,931
2,937
11,772
262,255
On referring to the abstract of the estimated expenditure for the year, it appears that the amount to
be expended by the departments within the Colony, as per items 1 to 12 inclusive, and item No. 15, is
in round numbers 160,0007.; and if to this be added the liabilities as stated above, it will appear that
the charges for the year will be 267,369/.,-as,.^gainst resourc^amounting, under the most favorable
circumstances, to only 262,2557.
My Lords are aware that the estimates ^@Lthe year were framed previous to any intimation of the
actual produce of the loan of April 1865; and they hope, from the terms of the Governor's despatch of
16th May 1865, that some portion of the estimated expenditure on roads, &c. will at least have been
postponed until information was received as-to the produce of the loan.
At all events, that loan is now exhausted, and the financial affairs of the Colony will, during the
current year, have to be conducted without the extraneous assistance which has of late years been
received, and there will be in consequence a better opportunity of judging what its financial condition
now is.
With the interest and sinking funds of th<| colonial debt, amounting already to over 20,0007. a year,
my Lords would hesitate before they could sanction for the present any further extension of the loan
system; and they think that the Governor should be instructed that the expenditure of this year must
not be based on the supposition that he is again at liberty to incur a portion of it on\tne prospect of
any new loan; and he should be warned as strongly as possible against that hasty and sometimes ill-
considered expenditure whigh a loan policy is apt to encourage, but the continuance of which on the
cessation of such policy is seldom prevented without more than ordinary care.
My Lords prefer to deal thus generally with the expenditure of British Columbia during the two
years in questron, partly on account of its being at thfe time a matter of the past, and partly because
they expect that that of the current year will afford better in§$i8al for an opinion as to the financial
condition of the Colony.'fitfTleir Lordships, however, request that they may receive as early as possible
a full statement_ figw® the ©j^ejHHpr of the actual receipts and disbursemefliis3Mtlim the year 1865,
together with a full account of the liabilities of the Colony at the close of that period.
I am, &c.
Sir F. Rogers, Bart (Signed)       Hugh C. E. Childers.
&c.       &c.
E 2 1
.44
FURTHER PAPERS RELATIVE TO THE UNION OF
Vancouver
Island.
■I
No. 2.
Encl. in No. 2.
No. 2.
:*    Copy of a DESPATCH from the Right Hon. the Earl of Carnarvon to
Governor Kennedy, OB.
(No. 3.)
Sir, Downing Street, August 13, 1866.
^ I have the honour to transmit to you a copy of the Act passed this Session by the
Imperial Parliament for the union of the Colony of Vancouver Island with the Colony
of British Columbia.
You are aware that the plan of uniting the two Colonies has been for some time
under consideration. It was the wish of the Duke of Newcastle to have effected this
measure; and though his Grace deferred to the public feeling which prevailed against
union, he entertained little doubt that the force of circumstances would, at no distant
period, cause a change of opinion in the minds 'of the reflecting and intelligent members
of the community. This opinion has been fully realized. During the years 1865 and
1866 applications have been formally addressed to Her Majesty's Government by the
Legislature of Vancouver Island, praying to be united with British Columbia; and my
predecessor in this office, who for two years had carefully watched the course of events
in both Colonies, was satisfied, not only that this union would prove advantageous to
both Colonies, but that it had become indispensable. Mr. Cardwell, therefore, introduced a Bill into the House of Commons for this purpose, which, after careful consideration, was adopted by Her Majesty's present Advisers, and has now received the
sanction of Parliament. You will perceive that the third clause of the Act imposes on the
Governor of British Columbia the duty of proclaiming the law when Vancouver Island
will cease to be a separate Colony, and your own functions as its Governor will unavoidably
determine. I regret much the unfavourable effect which this measure will have upon
your interests. And I regret it the more because I am aware that your conduct in
the administration of a government which has been by no means free from difficulty
has been distinguished by good judgment, and has uniformly obtained the approbation
of my predecessor.
I am confident that, so long as you retain the government of Vancouver Island, from
which I am thus reluctantly obliged to relieve you, it will be your endeavour to support
the policy of Her Majesty's Government, and to facilitate by all means in your power
the consolidation of Her Majesty's Colonies in the Pacific under one effective
government.
I have, &c.
Governor Kennedy, C.B. - (Signed)        CARNARVON.
&c. &c.
Enclosure in No. 2.
Imperial Act, 29 & 30 Vict. c. 67.
[Not reprinted.]
No. 3.
* page 6.
No. 3.
Cory of a DESPATCH from the Right Hon. the Earl of Carnarvon to
Governor Kennedy, C. B.
(No. 6.) : .:      .'r&i[
Sir, Downing Street, August 21, 1866.
I have the honour to acknowledge the receipt of your Despatch No. 45,* of the
26th June, respecting the financial position of the Colony under your government.
The difficulties to which you refer will, I trust, be removed by the proposed union of
Vancouver Island to British Columbia.
I have, &c.
Governor Kennedy, C.B. (Signed)       CARNARVON.
&c. &c. VANCOUVER ISLAND AND BRITISH COLUMBIA.
No. 4.
45
Copy of a DESPATCH from the Right Hon. the Earl of Carnarvon to Governor
Kennedy, C. B.
(No. 7.) 3L
Sir, Downing Street, August 22, 1866.
I have the honour to acknowledge the receipt of your Despatch No. 43,* dated
the 16th June last, enclosing a memorial addressed to my predecessor by the Legislative
Assembly of Vancouver Island, praying that certain clauses in British Columbia Customs
Duties Ordinance, No. 3 of 1865, may be disallowed by Her Majesty's Government.
I have to request you to inform the memorialists that the Governor of British
Columbia has been apprised by a recent Despatch that Her Majesty will not be advised
to confirm the Ordinance No. 3 of 1865 in its present form;—although the matter will
cease to be of importance to the inhabitants of Victoria when the Island and the mainland form part of the same Colony.
I have, &c.
Governor Kennedy, C.B. (Signed)        CARNARVON.
&c. &c.
Vancouver
Island.
No. 4.
page 2.
No. 5. No. 5.
Copy of a DESPATCH from the Right Hon. the Earl of Carnarvon to
Governor Kennedy, C.B.
(No. 8.) .  :    . '' \. ,v:' ;..-^; ;;|ffi
Sir, Downing Street, August 22, 1866.
I have the honor to acknowledge the receipt of your Despatch, No. 46,* of the * page 8.
26th June, enclosing a memorial addressed to my predecessor by the Legislative Council
of Vancouver Island, praying that the British Columbia Ordinance No. 3 of 1865 may
be disallowed.
I have in reply to refer you to my Despatch, No. 7, of to-day's date, from which you
will learn that that Ordinance will not be submitted for Her Majesty's confirmation in its
present form.
I have, &c.
Governor Kennedy, C.B. (Signed)        CARNARVON.
&c &c.
No. 6.
No. 6.
Copy of a DESPATCH from the Right Hon. the Earl of Carnarvon to
Governor Kennedy, C.B.
(No. io.) •    : -:j£ /5Jt
Sir, Downing Street, September 12, 1866.
I have the honor to acknowledge the receipt of your Despatch, No. 50,* of the * page 13#
12th July last, enclosing correspondence on the subject of the Bill, authorizing a loan of
#90,000, which has recently passed the Legislature of Vancouver Island.
I regret that the Assembly has neglected to provide ways and means for the expenditure of the Colony, and has preferred adopting a Bill for defraying the indispensable
public services by means of a loan to be raised at the high annual interest of 12 per cent.
Such a course appears to me to be objectionable in the highest degree, but it is to be
hoped that after the union of Vancouver and British Columbia, the united Government
may devise some more legitimate and fitting manner of providing for the public wants.
I have, &c.
Governor Kennedy, C.B. (Signed)       CARNARVON.
&c. &c.
F 3 46
FURTHER; PAPEBST RELiATIVETTO THE UNION OF
Vancouver
Island.
•No. 7.
* page 16.
CopY^of a DESPATCH from the^ Right Hon. the Earl of Carnarvon to
Governor Seymour.
Sir, Downing Street, September 14, 1866.
I have the honor to transmit to you a copy of a Despatch* from Acting Governor
Birch, proposing certain reductions in the civil establishments of British Columbia.
You have my full authority upon your return to your government to effect, subject
to my sanction, such reductions as appear to you to be demanded by the financial state
of the Colony, and to be consistent with the efficiency of the public service.
I have, &c.
Governor Seymour, (Signed)      ^CARNARVON.
&c. &c.
No. 8.
»Hll
'if
n
No. 8.
■ ^QYSt&m^- h^gj^eSi       9vo£
Copy of a DESPATCH from the Right Hon. the Earl of Carnarvon to
Governor Kennedy, C.B.
(No. 15.)   ~ '   .,|jfl| -j|     „     4t-
Sir, Downing Street, October 31, 1866.
I have received from time to time a considerable number of Despatches and
Page, other communications as noted in margin, relating to the consti-
N°* It' 26th JuBe 1866    9  tution of Vancouver Island, and to the union which has been
,'' 6i,' 8thAugust"     17  long proposed between that Colony and British Columbia.    In
T2oSa^fiS6thLeJiSseml)l7'  acknowledging them, I think it advisable to place on record, in
some degree, the motives by which Her Majesty's Government
have been actuated in taking steps for the complete union of the Colonies.
So long ago as the 15th of June 1863 I observe that the Duke of Newcastle expressed
his conviction that the Colonies ought to form one Government. But this course was
open to three strong objections :—
First, it was opposed to the prevalent feeling on the spot:
Secondly, the formal grant of representative institutions was impossible in British
Columbia, while1 they -already existed in and could not be withdrawn from Vancouver
Island except by a strong exercise of Parliamentary power, or by an intimation on the
part of that Colony that it was willing to place itself in the hands of Her Majesty's
Government :
Thirdly, the commercial policy of Vancouver Island was opposed to the imposition of
Import Duties, on which the Government of British Columbia was obliged to rely for its
revenue.
But for these objections the Duke of Newcastle considered, and indeed no reasonable
person could doubt, that the interests of the Colonies, whether in point of economy or
in point of administrative efficiency, required that they should be consolidated under one
Legislatixe and one Executive Government
Such were the views of the Home Government in 1863. On the 2nd March 1865
the difficulty hitherto existing was disposed of by the Assembly of Vancouver Island
declaring by Resolution that " the immediate union of this Colony "with British
Columbia, under such constitution as Her Majesty may be pleased to grant, is the
means best adapted to prevent permanent causes of depression, as Veil as to stimulate
trade, fosfer industry, develop our resources, augment our population, and increase our
permanent prosperity."
Later, on the 13th of December 1865, the same Assembly "endorsed" these Resolutions ; but while expressing their preference for Representative Institutions, and
apparently for what is called Responsible Government, repeated their conviction that the
immediate union of Vancouver Island and British Columbia was necessary beyond any
other measure to impart confidence to the public", mind, and to place both Colonies on a
prosperous footing. They also referred to the willingness which they had already
shown to accept whatever constitution Her Majesty's Government might be pleased
to grant.
These Addresses, adopted by the Legislature at an interval of nearly a'year, must
plainly be taken as representing the deliberate opinion of the community in favour of
union, even at the sacrifice of thejrjrepresentative institutions, and though it is true that
certain of the inhabitants of Vancouver Island were evidently opposed to the imposition
of Import Duties in that Island, yet it is evident that, if union was to be effected, the VANCOUVER ISLAND AND BRITISH COLUMBIA.
47
imposition or removal of those duties must remain a question for the decision of the Vancouver
United Legislature.    It must be supposed that the Assembly accepted this obvious    Island.
consequence of their own request.
Thus the difficulties of consolidation, as far as regards Vancouver Island, were wholly
removed, and on terms to which no reasonable objection could be raised on the part of
British Columbia. Under these circumstances, Her Majesty's late Government
introduced a Bill into Parliament with that object, and that Bill was subsequently
adopted and carried on by me. When that Bill was passing through Parliament some
Resolutions (unaccompanied by any report from the Governor of the Colony) were
received by telegraph, which had been passed in the month of June by the House of
Assembly, and which, though they reasserted the vital necessity of union, prayed that
this union might take place under a certain constitution, which would be representative
in its general character, but the terms and conditions of which were very loosely
specified. The Assembly, however, did not specifically withdraw the original pledges
of January and December 1865, and they impressed on the Secretary of State the
injury which was inflicted on both Colonies by the then existing state of uncertainty.
Even in the absence of explanations from the Governor, it was evident that these
expressions of opinion did not justify Her Majesty's Government in delaying for another
year the union which the Assembly had consistently, and in the opinion of successive
Secretaries of State correctly, pronounced indispensable, and in protracting the uncertainty which they had declared to be injurious.
The Bill, therefore, was carried through Parliament, and may, perhaps, have resulted
in the union of the two Colonies before this Despatch can reach its destination.
That union will render it unnecessary for me to enter on a variety of subjects which
are treated of in the Despatches and letters now under acknowledgment; but I have
thought it necessary to furnish you with this explanation of the proceedings of Her
Majesty's Government, lest they should be thought to involve any want of consideration
for the then existing Legislature of Vancouver Island, or should be attributed to any
other motive than the desire to complete with promptitude an arrangement I believe to
be not more in accordance with the main interests of the two Colonies than with their
wishes, and to terminate a state of uncertainty of which I am convinced the mischief is
not overstated by the Assembly of Vancouver Island.
1 have, &c.
Governor Kennedy, C.B., (Signed)        CARNARVON.
&c. &c.
No. 9-
Copy of a DESPATCH from the Right Hon. the Earl of Carnarvon to
Governor Kennedy, C.B.
(No. 24.)
Sir, Downing Street, November 16, 1866.
I have the honour to acknowledge the receipt of your Despatch, No. 66* of the
31st August, transmitting a further Resolution of the Legislative Assembly relating to
union with British Columbia.
I shall best answer this communication by referring you to my Despatch, No. 15,f
of 31st of last month, in which I expressed myself fully on this subject.
I have, &c.
Governor Kennedy, C.B., (Signed)        CARNARVON.
&c. &c.
No. 9.
page 26.
f page 46.
t\ / 





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