@prefix ns0: . @prefix edm: . @prefix dcterms: . @prefix dc: . @prefix skos: . ns0:identifierAIP "8383dd13-87f7-4ce9-b615-e8ad1c2404df"@en ; edm:dataProvider "CONTENTdm"@en ; dcterms:isReferencedBy "http://resolve.library.ubc.ca/cgi-bin/catsearch?bid=109294"@en ; dcterms:isPartOf "British Columbia Historical Books Collection"@en, "Archives of British Columbia. Memoirs"@en ; dcterms:creator "Vancouver Island (B.C.). House of Assembly"@en ; dcterms:issued "2015-05-29"@en, "1918"@en ; dcterms:description "\"(British Columbia. Provincial Archives. Memoir no. 4)\" -- Lowther, B. J., & Laing, M. (1968). A bibliography of British Columbia: Laying the foundations, 1849-1899. Victoria, BC: University of Victoria, p. 179."@en, ""@en ; edm:aggregatedCHO "https://open.library.ubc.ca/collections/bcbooks/items/1.0221987/source.json"@en ; dcterms:extent "62 pages ; 25 cm"@en ; dc:format "application/pdf"@en ; skos:note """ ARCHIVES OF BRITISH COLUMBIA MEMOIR NO. IV. HOUSE OF ASSEMBLY CORRESPONDENCE BOOK AUGUST 12TH. 1856. TO JULY 6TH. 1859. THE GOVERNMENT OF THE PROVINCE OF BRITISH COLUMBIA. PRINTED BY AUTHORITY OF THE LEGISLATIVE ASSEMBLY. VICTORIA, B.C.: Printed by William H. Cuelin, Printer to the King's Most Excellent Majesty. 1918. WtiMffigtf Provincial Library, Victoria, December 10th, 1918. The Hon. J. W. de B. Farris, E.G., Attorney-General of British Columbia, Parliament Buildings, Victoria, B.C. Sir,—I have the honour to transmit to yon herewith Memoir No. IV. of the Archives Department, entitled " House of Assembly Correspondence Book, 1856-1859." This bulletin completes the first series of publications relating to the inauguration and progressive development of the Colonial Government of Vancouver Island. The letters which passed between the Governor, Legislative Council, and House of Assembly throw light on the working of our earliest Legislature and the public questions of that day. It is a pity that the Ordinances of the Colony from 1850 to 1857 were not printed, for some of the references in the Minutes would be still more instructive if read with the Acts themselves. It would be interesting to compare the earliest colonial enactments of that formative period with their modern counterparts. With your permission and approval, the next bulletin will be one dealing with the earliest official reports on the goldfields of the Eraser River and in the heart of the great Cariboo District. These documents should appeal to every one in the Province, for they stand as a monument to the achievements of that heroic band of pioneers and adventurers who laid the foundation of the Province of British Columbia. His Honour Judge F. W. Howay, a high authority on the early history of the Pacific slope in general, and of the gold excitement in particular, has very kindly consented to edit the memoir. I have the honour to be, Sir, Your obedient servant, E. O. S. SCHOLEFIELD, Librarian and Archivist. .'ffl 1 saw 'WWlJti^WgWLlMMflLWW^MMfllUiWJtiMMMWi it; CHRONOLOGICAL LIST OF COMMUNICATIONS Between His Excellency the Governor, Legislative Council, and the House of Assembly. Page 12th Aug., 1856. Clerk of House to Governor: Electron of John Sebastian Helmcken as Speaker; Robert Barr appointed Clerk; application for books and grant of Vancouver Island, etc 13 19th Aug., 1856. Clerk of House to Governor: Motion for use of law books 13 26th Aug., 1856. Speaker to House: Reply to motion for use of law books 13 28th Aug., 1856. Speaker to Governor: Application for correct copy of grant of Vancouver Island ...- 14 27th Nov., 1856. Speaker to Governor: Transmitting Colonial Accounts, land returns, etc. 14 28th Nov.. 1856. Speaker to Governor: Copies of public documents; funds subject to control of Assembly, etc 15 6th Dec 1856. Governor to Speaker: Public Accounts; revenue; coal royalty; revenue from liquor licenses 15 6th Dec. 1856. Speaker to Governor: Acknowledging returns; charges against License Fund 16 10th Dec, 1856. Governor to Speaker: Public Accounts; coal royalty and liquor licenses 17 10th Dec, 1856. Speaker to Governor: Tendering thanks for message and information touching Public Accounts of 18561 17 13th Dec, 1856. Speaker to Governor: Requesting census statistics ... 17 17th Dec, 1856. Governor to Speaker: Transmitting census returns ... 18 18th Dec, 1856. Speaker to Governor: Acknowledging census returns; Mr. Robert Barr tenders resignation as Clerk 18 18th Dec, 1856. Speaker to Governor: Transmitting first Supply Bill (£130) 18 7th April, 1857. Governor to Speaker: Transmitting Supply Bill, Rules of Court, and Minutes of Council, 14th February, 1856 20 7th April, 1857. Speaker to Governor: Acknowledging Governor's message of April 7th, 1857 21 7th April, 1S57. Speaker to Governor: Acknowledging Supreme Court Rules 21 Uni.i- I m KJS $$$* 7th April, 1857. (Undated) 7th April, 1857. 21st April, 1857. 21st April, 1857. 21st April, 1857. 5th May, 1857. 18th May, 1857. 28th May, 1857. 1st June, 1857. 1st June, 1857. 25th June, 1857. &S& 1st June, 1857. 8th June, 1857. 8th June, 1857. List of Communications. Page. Speaker to Governor: Postal arrangements; improvements in roads; Supply Bill 21 Speaker to Governor: Transmitting Supply Bill and resolution touching license funds 22 Speaker to Governor: Transmitting resolution on public roads to Gonzalo Point, Cadboro Bay, and Dead- man's River 22 Governor to Speaker: House of Assembly's remonstrance against amendment to Supply Bill by Council; post-office; public roads; Postal and Road Estimates, April 21st, 1857 22 Speaker to Governor: Council amendments to Supply Bill resented by House 24 Speaker to Governor: Transmitting resolution on duties on licensed houses collected in 1856 24 Speaker% to Governor: Transmitting address (See Minutes of House) and motion for returns of income and expenditure 25 Speaker to Governor: Transmitting resolution requesting copies of laws enacted by Council 25 Speaker to Governor: Acknowledging returns of income and expenditure, 1855 and 1856, and transmitting resolutions on Reciprocity Treaty and Inferior Court of Civil Justice 25 Speaker to Governor: Transmitting resolution respecting royalty on Nanaimo coal 26 Speaker to Governor: Transmitting Bill to enfranchise the Town of Victoria 26 Speaker to Governor: Acknowledging copy of Act regulating Importation of Spirituous Liquors; An Act prohibiting Gift or Sale of Spirituous Liquors to Indians ; An Ordinance respecting the Colonial Church at Victoria, etc 26 Governor to Speaker: Transmitting laws enacted by Governor and Council; information relative to the Inferior Court of Civil Justice; letter from the Honourable David Cameron, Chief Justice 27 Governor to Speaker: Touching Nanaimo coal royalties ; no demand for coal 28 Governor to Speaker: Reciprocity Treaty and progress of negotiations 29 ft if if List of Communications. PAGB. Speaker to Governor: Transmitting addresses touching extension of Canadian Reciprocity Treaty with U.S. to Vancouver Island; non-payment of royalties upon Nanaimo coal 30 Speaker to Governor: Transmitting Bill for registration of Births, Deaths, and Marriages 30 Speaker to Governor: Return relating to beer-house licenses 30 Governor to Speaker: Acknowledging addresses from House on beer-house licenses and revision of liquor license law 30 Speaker to Governor: Acknowledging His Excellency's message of August 5th, 1857, dealing with liquor license law 31 Speaker to Governor: Transmitting resolutions asking for information respecting Bill to enfranchise Town of Victoria, Bill for Registration of Births, Deaths, and Marriages, etc 31 Speaker to Governor: Report of Committee on Public Schools; moving Victoria District School nearer the Town of Victoria; dilapidated condition of Craigflower School-house 32 Governor to Speaker: Acknowledging report of Committee on Public Schools; school fees 32 Governor to Speaker: Touching Bill to enfranchise the Town of Victoria and Bill for the Registration of Births, Deaths, and Marriages; Public Accounts; grants of land to district schools 34 Governor to Speaker: Acknowledging Bill for the registration of Births, Deaths, and Marriages 34 Governor to Speaker: Acknowledging Bill to enfranchise the Town of Victoria 35 Governor to Speaker: Acknowledging resolutions respecting licenses on beer houses 35 Speaker to Governor: Touching law relating to licensing of inns, public and beer houses 35 Speaker to Governor: Requesting copy of evidence given before Committee of House of Commons to enquire into affairs of Hudson's Bay Company 35 Speaker to Governor: Transmitting resolutions relating to conference between the Legislative Council and House of Assembly 36 16th July, 1857. 11th Aug., 1857. 11th Aug., 1857. 5th Aug., 1857. 11th Aug., 1857. 11th Dec, 1857. 11th Dec, 1857. 19th Dec, 1857. 19th Dec, 1857. 19th Dec, 1857. 19th Dec, 1857. 19th Dec, 1857. 29th Apr., 1858. 29th April, 1858. loth June, 1858. 1 *l£ |[!:|k; ' to,! ******* K& to: i, ffiffl 11 tiiihh 16th June, 1S58. 10th Aug., 1858. 6th Aug., 1858 9th Aug., 1858 9th Aug., 1858 23rd Aug., 1858 23rd Aug., 1858 23rd Aug., 1858 23rd Aug., 1858 23rd Aug., 1858 24th Aug., 1858 8th Nov., 1858 8th Nov., 1858 Sth Nov., 1858 8th Nov., 1858 15th Nov., 1858 23rd Nov., 1858 7th Dec, 1858 11th Jan., 1859 18th Jan., 1859 18th Jan., 1859 List of Communications. Page. Governor to Speaker: Acknowledging address- on subject of conference between Council and House of Assembly 36 Speaker to Governor: Acknowledging returns forwarded by Governor; duties on licensed houses; reserves of springs and old well for use of public; Victoria School- house 36 Governor to Speaker: Acknowledging resolutions respecting- water springs and old well, etc 37 Governor to Speaker: Transfer of Victoria Colonial School 37 Governor to Speaker: Public Gaol, Public Hospital, etc 38* Governor to Speaker: Duties on licensed houses .... 38 Governor to Speaker: Return of vessels entered at Port of Victoria; Customs Regulations 39 Governor to Speaker: Public Gaol 39 Governor to Speaker: Removal of Victoria School ... 40 Governor to Speaker: Duties on licensed houses; shipping dues 40 Speaker to Governor: Acknowledging Governor's communication ; salary of Collector of Customs 41 Governor to Speaker: Removal of Victoria District School 41 Governor to Speaker: Salary of Collector of Customs, £700 42 Governor to Speaker: Income returns, 1857 42 Governor to Speaker: Bill to enfranchise Town of Victoria 42 Governor to Speaker: Forwarding Inns and Beer Houses Bill: Supply Bill; License Bill 42 Speaker to Governor: Acknowledging receipt of Bills 43 Speaker to Governor: Presenting request for public road from Graigflower to Hospital Road, Esquimalt, passing barracks at Constance Cove 43 Speaker to Governor: Transmitting resolutions touching franchise of the Town of Victoria 44 Governor to Speaker: Act for enfranchising the Town of Victoria; cause of delay 44 Speaker to Governor: Requesting Statutes, Journals, Gazettes of Upper and Lower Canada, and publications of British Government for use of House 44 if ad 25th Jan., 1859. 25th Jan., 1859. 5th Feb., 1859. 5th Feb., 1859. 8th Feb, 1859. 5th Feb., 1859. •21st Feb., 1859. 15th Feb., 1859. 22nd Feb., 1859. 22nd Feb., 1859. 15th Feb., 1859. 31st March, 1859. April, 1859. 7th April, 1859. 6th April, 1859. 6th April, 1859. 6th April, 1859. List of Communications. 9 Page. Speaker to Governor: Removal of Indians from Indian Reservation on Victoria Harbour 45 Speaker to Governor: Reservations of lands for educational" purposes recommended 45 Governor to Speaker: Acknowledging resolution respecting proposed reservations of lands for school purposes 46 Governor to Speaker: Removal of Indians from reservation on Victoria Harbour; Governor's observations on rights of Indians 46 Speaker to Governor: Reservation of certain lands; removal of Indians from Victoria Reservation 47 Governor to Speaker: Acknowledging request of House of Assembly for books 48 Governor to Speaker: Intimating that Hudson's Bay Company cannot without much inconvenience continue to allow use of apartment for meetings of Assembly; House thereafter to meet in Court-room of new Police Office 4S Speaker to Governor: Transmitting address praying for immediate removal of Northern Indians from Victoria 48 Speaker to Governor: Transmitting resolution requesting a thorough investigation before rescinding of charter, or grant, of January 13th, 1849 49 Speaker to Governor: Acknowledging Governor's communication with reference to new meeting-place of Legislative Assembly 49 House of Assembly to Governor: Reservations of lands for educational and public purposes; requesting that resolution of January 25th be complied with 49 Speaker to Governor: Address praying for Mint .... 50 Speaker to Governor: Respecting progress of Bill to enfranchise Town of Victoria 50 Governor to Speaker: Bill to enfranchise Town of Victoria 51 Governor to Speaker: Respecting the establishment of Mint in the Colony 51 Governor to Speaker: Acknowledging address with reference to enquiry into affairs of Colony 51 Governor to Speaker: Removal of Northern Indians; correspondence with Captain De Couxcy, R.N., II.M.S. " Pylades » 52 , ;';Ui' »m mmiwiwtsmmmmm Biilii mm TOiS' 10 8th March, 1859. 12th March, 1859. 6th April, 1859. 5th Feb., 1859. 20th April, 1859. 20th April, 1859. 20th April, 1859. 26th April, 1859. 2Sth April, 1859. 28th April, 1859. 4th May, 1859. 4th May, 1859. 10th May, 1859. 16th May, 1859. 16th May, 1859. 17th May, 1859. 16th May, 1859. 26th May, 1859. List of Communications. Page. Governor to Captain De Courcy, RN.: Removal of Northern Indians 52 Courcy, M. de, Captain, R.N., to Governor, H.M.S. " Pylades," Esquimalt Harbour: Removal of Northern Indians from Settlement 53 Governor to Speaker: Reserves of land for school and general purposes 53 Governor to Speaker: Removal of Indians from Indian Reservation at Victoria 54 Speaker to Governor: Transmitting Bills respecting marriages, property of religious institutions, and registration of conveyances and other deeds 55 Speaker to Governor: Transmitting Bill respecting macadamizing of certain streets, etc. 55 Speaker to Governor: Transmitting Game Bill 56 Speaker to Governor: Need of buoys in Victoria Harbour 56 Governor to Speaker: Survey of Victoria Harbour by Captain George Richards, R.N.; suggests expenditure of f 400 56 Speaker to Governor: Repairs to Esquimau Road ... 57 Speaker to Governor: Acknowledging Governor's communication with reference to Captain Richard's survey of Victoria Harbour 57 Speaker to Governor: Transmitting resolution respecting proposed new Government Buildings and bridge over James Bay 57 Speaker to Governor: New Government Buildings and bridge across James Bay 58 Speaker to Governor: Reporting no funds for placing buoys in Victoria Harbour 58 Speaker to Governor: Captain G. H. Richard's report on Victoria Harbour 59 Speaker to Governor: Acknowledging communication from Governor 59 Speaker to Governor: Bill for removal of remains of deceased persons from a deserted graveyard in Victoria to a new burial ground 59 Speaker to Governor: Returning Bills relating to property of religious institutions and marriages on Vancouver's Island 60 4th June, 1859. 6th June, 1859. 30th June, 1859. 4th July, 1859. 4th July, 1859. 4th July, 1859. 6th July, 1859. List of Communications. 11 Page. Speaker to Governor: Acknowledging Governor's communication authorizing expenditure of £250 for buoying Victoria Harbour 60 Speaker to Governor: Requesting new writ for election of member for Nanaimo District 60 Speaker to Governor: Return of John Swanston for Nanaimo on June 23rd, 1859 61 Speaker to Governor: Respecting return of John Swanston for Nanaimo 61 Speaker to Governor: Respecting future Government of Vancouver's Island 61 Speaker to Governor: Transmitting Bill to enforce completion of certain streets, Bill to increase number of representatives and to create new electoral districts, and Bill to amend Law relating to Inns, Public and Beer Houses 62 Porter, Joseph, Clerk of the House, to J. D. Pemberton, James Yates, J. W. MacKay, and T. J. Skinner: desiring attendance in House of Assembly at 6 o'clock, July 7th, 1859 62 pgHL l! BSHHSJESBiSSiSSSS 1 House of Assembly Correspondence Book. 1856 to 1859 Election of Speaker. Hon. J. S. Helmcken. Robert Barr Clerk pro tern. Library required. Victoria, Vancouver's Islaxd, August 12th, 1856. To His Excellency James Douglas, Esqr., Governor, &c, &c., do. : Sib,—I am instructed by the House of Assembly to transmit to Your Excellency the following resolutions passed this day in the House aforesaid:— It was proposed by Mr. Helmcken, That Mr. Pemberton be appointed the Speaker of the said House. Seconded by Mr. Kennedy. An amendment was proposed by Mr. Langford, That Mr. Helmcken be appointed the Speaker of the said House. Seconded by Mr. Yates and carried. It was proposed by Mr. Pemberton, That Mr. Barr be appointed Clerk pro tern. Seconded by Mr. Yates and carried. It was then proposed by Mr. Skinner, That an application be made to the Governor that proper and efficient books, &c, be supplied to the House. Seconded by Mr. Pemberton and carried. It was then proposed by Mr. Skinner, That the House do adjourn until Tuesday next, the 19th day of August next ensuing, at the hour of 11 in the forenoon. I am, &c, :&c, (Signed) Robert Babb, Clerk pro tern. Hottse of Assembly, August 19th, 1856. Motion No. 4. " That application be made for the use of the law works, the property of the Colony." August 26th, 1856. Reply. The Speaker informed the House that any law books, the property of the Colony, could be placed upon the table, the names 14 House of Assembly Jilt a ^ If HKBE' MvA Wm ill' 26 Aug., 1856. Library. Grant of Island. Message. Public Accounts. Public lands Land sales, £6,193. Official documents. of such books being given, with this proviso, that none be taken away, but given up immediately the House adjourned, as the said books are placed under the immediate charge of His Excellency the Governor. House of Assembly, August 28th, 1856. Motion No. 12. "That respectful application be made to His Excellency the Governor for a correct copy of the Grant of the Island and of any other documents of a public nature calculated to throw light upon the political position of Vancouver's Island Colony, likewise a general Abstract of Colonial Accounts since the first formation of the Colony up to the present time, showing the present income and expenditure." Reply. govebnment house, vlctobia, vancouveb's island, 27th November, 1856. Mr. Speaker and Gentlemen of the House of Assembly: I herewith transmit the documents described in the accompanying Schedule for your information. The Colonial Accounts extending to the close of 1855 are not yet completed, and therefore cannot be laid before the House in full. You will, however, find among the documents now transmitted a full account of all lands appertaining to the public domain of this Colony which have been sold up to the 10th day of October last, and also a classified abstract of the expenditure of the Colony for the year ending with the 1st day of November, 1855. In addition to the proceeds arising from sales of the public domain appearing in the documents herewith, the sum of £6,193 0 0 has been received from the Hudson's Bay Company for lands purchased on their account within the Colony. Further documents relative to the financial state of the Colony will be sent to the House as soon as they are made up. I have to recommend that a sufficient money appropriation be made by the House to defray the expense of preparing any documents required for their information in future, as there are at present no funds at my disposal for that purpose. I beg that the Charter of Grant of Vancouver's Island may be returned, as I have no other copy. (Signed) James Douglas, Governor, Vancouver's Island. II ;;!!;;;•;; i^graMia^raraarai Correspondence Booh. 15 Extract from Governor Douglas' Despatch to W. G. Smith, Esqr., Secretary, Hudson's Bay Company, dated 19th July, 1855. Extract from Governor Douglas' Despatch to W. G. Smith, Esqr., dated 16th October, 1856, containing an Abstract of Accounts from November, 1854, to November, 1855. Abstract from Surveying Department showing Sales of Land from the commencement of the same up to December, 1854. Copy of the Charter of Grant of Vancouver's Island. House of Assembly of Vancouver's Island, November 28th, 1856. The Speaker begs to inform His Excellency the Governor that the House of Assembly met yesterday and adopted the following resolutions, and ordered the same to be presented to Your Excellency:— 1st, That the thanks of this House be presented to His Excellency the Governor for his communication of the 27th November, 1856, and that the subject contained therein relating to a supply of money for copying documents, &c, will be taken into consideration at an early period 2nd It was resolved that respectful application be made on the part of the House of Assembly to know what funds are subject to its control, and, if any, the amount of the same and from what source derived? Also what fund is the royalty upon coal paid into? 3rd T. J. Skinner, Esqr., was elected Chairman of Committee and Deputy Speaker. The House adjourned until Saturday next, to meet at 10 a.m. GOVEBNMENT HOUSE, Victoria, V.I., 6th December, 1856. Mr. Speaker and Gentlemen of the House of Assembly: I have further to transmit with this communication Abstracts of the Income and Expenditure of the Colony of V.I. for the two years ending respectively with 31st day of October, 1853 and 1854. I have received your Speaker's address of the 3rd day of December, and highly appreciate your complimentary message. In reply to the following questions of the House: " What funds are subject to its control? The amount of such funds; from what source derived; and to what fund is the royalty upon coal paid into?" I would observe that I am not at present prepared 27 Not., 1866. Returns. Eevenues. Speaker to Governor. Copying public documents. Revenues. Coal royalty. T. J. Skinner elected Deputy Speaker. Message. Public Accounts. Sources of revenue. Coal royalties. I :'rfS m\\ WetMBMaWATO asm SSl w HW m. 10 House of Assembly 6 Dec., 1866. Revenue and coal royalty. Liquor licenses only revenue. Revenue from liquor licenses. Speaker to Governor. License Fund. to give the House a reliable and decided answer. My own impression, however, is that the House can exercise a direct control only over the revenue raised in the Colony through the act of the general Legislature. The revenue derived from the tax on licenced houses is therefore, I conceive, the only fund absolutely at our disposal; the proceeds arising from land sales, royalties, and timber duties being remitted and placed to account of the Reserve Fund In England, which is, however, also exclusively applicable for Colonial purposes, with the exception of 10 per cent allowed by virtue of the Charter of Grant to the Hudson's Bay Company. The amount of revenue derived from the duty on licensed houses for the respective years mentioned is given in the annexed table:— Year 1853 £220 0 0 „ 1854 £460 0 0 „ 1855 £340 0 0 These sums are also embodied in the Abstract of the Colonial Accounts transmitted to the House. (Signed) James Douglas, Governor, Vancouver's Island. Abstract of Income and Expenditure of the Colony of Vancouver's Island for the Year ending 31st October, 1853 and 1S54. House of Assembly, Vancouveb's Island, December 6th, 1856. The Speaker has the hooor to inform His Excellency the Governor that the House of Assembly resolved this day:— 1st That the Speaker be requested to thank His Excellency the Governor on behalf of this House for the information so promptly and courteously afforded and further to apply to His Excellency for similar information for the year ending November, 1856, as also to ask whether there is any charge against the License Fund, to come under their control from that date The House of Assembly will meet again on Wednesday next at 11 a.m., and resolve itself into a Committee of Supply. (Signed) J. S. HELMCKEN, Speaker. igaffjronwBsjagaikMSBKggagBai^ Correspondence Book. 17 Government House, Victoria, 10th December, Mr. Speaker and Gentlemen of the House of Assembly: 1856. I have received your address through Mr. Speaker's communication of the 6th December, and I thank you gentlemen for your kind message. I herewith transmit for your information an Abstract of the Expenditure and Income of the Colony made up to the 31st day of October last; excepting, however, the income derivable from the royalty on coals, and the duty on timber, of which a statement will be sent to the House as soon as the returns are received. With respect to your Inquiry touching the application of the duty on licenced houses for the year 1856, I have to inform the House that the whole sum derived from that source of revenue was paid over to the Hudson's Bay Company immediately after collection, and was carried with the other proceeds of revenue to the credit of the General Colony Account, as shewn by the abstract of the year's income transmitted with this communication. (Signed) James Douglas, Governor, Vancouver's Island. Abstract of Income and Expenditure on account of Vancouver's Island Colony for Twelve Months ending 31st October, 1856. House of Assembly, Vancouver's Island, December 10th, 1856. The Speaker, on the part of the House of Assembly, has respectfully to acknowledge the receipt of a gracious communication and an Abstract of the Income and Expenditure for the Year 1856 from His Excellency the Governor, and to inform His Excellency that the House of Assembly unanimously resolved, "That the thanks of this House be presented to His Excellency the Governor for the same." (Signed) J. S. HELMCKEN, Speaker. House of Assembly, Vancouver's Island, December 13th, 1856. The Speaker begs to inform His Excellency the Governor that the House met this day and adopted the following resolution, ytz.:— 2 10 Dec., 1S56. Message. Public Accounts. Coal royalty. Timber dues. Liquor licenses. Speaker acknowledges Message. }i 1 tf.iwi;) Emjjtf M h If n HjM&il fev H »' 18 House of Assembly 13 Dec, 1866. Census statistics. Message. Census returns. Speaker to Governor. Census returns. Clerk resigns. Speaker to Governor. First Supply Bin. "That a requisition be made to His Excellency the Governor for a copy of the last census of the population of the Island and other such statistics connected therewith." The House of Assembly will meet again on Thursday next at 11 a.m. (Signed) J. S. HELMCKEN, Speaker. Govebnment House, Victobia, Vancouver's Island, 17th December. 1856. Mr. Speaker and Gentlemen of the House of Assembly: I have received Mr. Speaker's communication of the 13th Day of December, containing the requisition of the House for a copy of the last census of the population of Vancouver's Island and I have in consequence the honor of forwarding with this letter the documents described in the annexed Schedule. Not having time to procure copies, I have sent the original documents, which the House will probably cause to be returned when convenient. (Signed) James Douglas, Governor, Vancouver's Island. No. 1. Census Returns, V.I. Colony, 1855. No. 2 Indian population, V.I., 1856. House of Assembly of Vancouveb's Island, December 18th, 1856. The Speaker, on behalf of the House of Assembly, begs respectfully to acknowledge the receipt of the " census " of the inhabitants and Indians of Vancouver's Island from His Excellency the Governor, and has the honor, in the name of the House, to thank His Excellency for the same, and that they shall be returned at an early period He has also to inform His Excellency that Mr. R. Barr wishes to resign his office of " Clerk of the House " pro tern. (Signed) J. S. HELMCKEN. House of Assembly of Vancouveb's Island, December 18th, 1856. The Speaker begs to inform His Excellency the Governor and Council that the enclosed Appropriation Bill was first voted in " Committee of Supply," and has subsequently passed through the n liiKm* n ill**'41 ' Siffir m i Correspondence Book. 19 usual stages of first, second, and third readings, and that it is now presented by order of the House for the consideration of His Excellency the Governor and Council. (Signed) J. S. HELMCKEN, Speaker. The following is the Bill referred to in the preceeding letter, entitled A Bill for the Appropriation of certain Moneys for the Use of the House of Assembly of Vancouver's Isld Whereas it is necessary that certain sums of money be voted for defraying the unavoidable expenses attending the conduction of the business of this House of Assembly of Vancouver's Island: Be It enacted:— 1st. That £50 sterling be placed at the disposal of His Excellency the Governor to defray the expenses of copying statistics and documents for the use of this House. 2nd That £10 sterling be given to Mr. Barr for his passed (sic) services as Clerk of this House. 3rd That £5 sterling be granted to Mr. Andrew Muir for his past services of Sergeant-at-Arms. 4th. That £25 be allowed for the salary of the Clerk of the House for the.year 1857. 5th. That £15 be allowed for the salary of the Sergeant-at- Arms & Messenger for the year 1857. 6th. That £20 sterling be granted for lighting, heating, and furnishing the House for the year 1857. 7th. That £5 sterling be granted for stationery for the use of the Members of the House of Assembly. 8th. That the above items be paid out of the revenue derived from the licenses of July 16th, 1856. Read the third time this 18th day of December, 1856, and ordered to be forwarded to His Excellency the Governor aud Council. ' J. S. HELMCKEN, Speaker. The following resolution relating to the 8th clause of the above Bill was added as a rider, December 13th, 1856:— " That, in the opinion of this House, the revenue derived from licenses on the 16 day of July 1856 ought to be withdrawn from the credit of the 'Trust Fund.'" J. S. HELMCKEN, Speaker. 18 Dec. 1856. First Supply BUI. Supply Bill. Appropriations. Copying documents. Clerk. Sergeant-at- Arms. Clerk. Sergeant-at- Arms. Lighting, etc. Stationery. Amendment to Supply Bill. | I 20 House of Assembly gSttt 15 m 7 Apr., 1857. Message. Supply Bill. Rules of Court. Returns. Rules of Court, etc. Supply Bill. Amendment. Bill as amended. Government House, April 7th, 1857. Mr. Speaker and Gentlemen of the House of Assembly: I herewith return the Act of the 18th day of December, 1856, granting certain sums of money for the purpose of defraying the ordinary expenses of the House of Assembly, which passed the Council on the 14 day of February of this year, without alteration in any of its material provisions. I also forward with this communication, for the use of the House of Assembly, a copy of the " Rules and Manner of Proceeding of the Supreme Court of Civil Justice for Vancouver's Island," which received the approval of the Governor and Council on the 17th day of February last and was published on the same day. (Signed) James Douglas, Governor. Schedule 1. Copy of Minutes of Council, 14 Febr. 1857. 2. Rules of Supreme Court. Copy of Minutes of a Council held at Victoria, Vancouver's Island, on the 14 day of February, 1857. The Council having met this morning pursuant to a summons issued on the 13th of this present month, the Governor being present and the following Members vizt.:— John Tod, Senior Member, Roderick Finlayson, John Work, The Governor then proceeded to lay before the Council An Act granting the Sum of £130 for defraying the "Unavoidable Expenses of the House of Assembly, which was read a third time and passed the House on the 18th day of December last. The Council having read the several clauses of the said Act, It was proposed as an amendment, That the following words should be omitted in the preamble, vizt: " Attending the conduction of the business "; and the following words in the 8th clause, vizt.: "Licenses of July 16th, 1856"; and that the Act be as follows:— A Bill granting certain Sums of Money for the Use of the House of Assembly of Vancouver's Island Whereas it is necessary that certain sums of money be voted for defraying the unavoidable expenses of the House of Assembly of Vancouver's Island: Be it therefore enacted The clauses following are exactly the same as those in the original BD1, with the exception of the 8th clause, which runs thus:— Correspondence Book. 21 Stli clause. That the above items be paid out of the revenue derived from the duty charged on licensed houses. The Act so amended was approved and passed. (Signed) James Douglas, Governor. Victoria, 7 April, 1857. House of Assembly of Vancouveb's Island, April 7th, 1857. The Speaker, on behalf of the House of Assembly, begs to acknowledge the receipt (of) a copy of the "Rules and Manner of Proceeding of the Supreme Court of Civil Justice of Vancouver's Island" from His Excellency the Governor; also " a copy of Minutes of Council, 14th February," relating to certain amendments proposed in the Bill of Supply. J. S. HELMCKEN, Speaker. House of Assembly of Vancouveb's Island, April 7th, 1857. To His Excellency the Governor and the Honble. Members of Council: The Speaker has the honor to transmit to Your Excellency and the Honble. Members of Council:— 1st. A copy of the report of the Committee appointed by the House Assembly to enquire into the postal arrangements of Vancouver's Isld 2nd A copy of a petition from certain Colonists, praying for various improvements in roads and extensions of the same Also a resolution of the House of Assembly thereon. 3rd The "Bill for the Granting of certain Sums of Money for the Use of the House of Assembly," and also a resolution of the House of Assembly relating thereto, as regards certain amendments proposed therein, rejecting the same. The House wtiH. meet again April 21st. 1857. (Signed) J. S. HELMCKEN, Speaker. Apr., 1S5T Supreme Court Rules. Postal arrangements. Petition for roads. Supply Bill. MJPiiaiMWM I House of Assembly Supply Bill. Roads to Gonzalo Point, Cadboro Bay, Deadman's River. Message. Objections to Supply Bill amendments. House of Assembly of Vancouveb's Island. To His Excellency the Governor and Honble. Members of Council: The Speaker, in returning the enclosed " Bill for the Granting of certain Supplies for the Use of the House of Assembly." has the honor to lay before Your Excellency and the Honble. Members of Council the following resolution relating thereto:— "That in the opinion of this House, the funds derived from the licenses granted in July, 1856, are under its control, and therefore that the Sth clause of the Bill remain as it stood in the original." (Signed) J. S. Helmcken, Speaker. House of Assembly Vancouver's Island, April 7th, 1857. To His Excellency the Governor and Honble. Members of Council: The annexed petition was presented to this House, and the following resolution relating thereto proposed and carried nem. con.:— "That the consideration of His Excellency the Governor be earnestly requested to the substance of the petition; at the same time mentioning 'That a road to accommodate settlers in the neighbourhood of Gonzalo Point is still more required, and a road leading to Cadboro Bay much required. Also that the circumstances in this respect of the settlers in the neighbourhood of Deadman's River be taken into consideration.'" (Signed) J. S. Helmcken, Speaker. Victobia, Vancouveb's 1st., 21st April, 1857. Mr. Speaker and Gentlemen of the House of Assembly: I have the honor to acknowledge the receipt of your Speaker's communications of the 7th April, with the accompanying documents. With those documents is the "Bill providing for the Ordinary Expenses of the House of Assembly," which the House has objected to pass as amended by the Council. I would observe, in reference to that Bill, that the duties raised on licensed houses for the year 1856 were paid into the General Colonial Fund and expended, with other proceeds of Correspondence Book. revenue, in the service of the Colony, prior to the Convention of the House of Assembly in August last, and for that reason are not at our disposal. The Council, in amending the Bill, by charging the sums thereby granted to the revenue derivable from the same source in 1857, were influenced solely by the knowledge of that fact, and not from any desire to interfere with the arrangements of the House of Assembly. I have received the report of the Committee on postal arrangements and the petition from certain Colonists praying for the improvement of part of the public roads and for opening new ones into other parts of the District of Victoria. Feeling the great importance of the objects recommended in those papers, I am of opinion that no time should be lost in providing means for initiating a postal system, securing at once the twofold object of safety and despatch in the delivery and transmission of letters, and also that a provision should be immediately voted by the House for the improvement and opening of public roads. The Council will cordially co-operate in all measures suggested by the House for the attainment of those objects. I herewith annex a scheme of the probable outlay which will thereby be incurred. (Signed) ^James Douglas, Governor. Estimate of Expenditure. Postal Expenses. Postmaster, salary £100 Post Office, rent, &c 100 Transmitting mails 300 21 Apr., 1867 Message. Supply BUI amendments. Post-office and public roads. Postal system Boads. Road Expenses. Improvement of public road £200 Opening road from Victoria to Mount Douglas 450 Opening road from Victoria to Point Gonzalo 250 WBiWyiTOHiW!!{kt^u8Wl»!;i^kiMhH! £500 £500 24 House of Assembly 21 Apr., 1867, Speaker to Governor. Supply BUI, post-office, and roads. Moneys from licensed houses, 1866. Souse of Assembly, VlCTOBIA, V.I., April 21st, 1857. The Speaker has the honor, on behalf of the House, to acknowledge the receipt of the communication from His Excellency the Governor relating to certain amendments proposed in the "BUi providing for the Ordinary Expenses of the House," and also suggestions regarding postal arrangements and the opening and improving of roads, &c The House begs, with every respect, to assure Your Excellency that it never supposed the Honble. Council intended interfering with the well-known privilege of the House; at the same time, it was considered expedient to know with certainty that the money received from the licenses of 1856 had been expended, of which there existed some doubt In consenting now to the amendments proposed by the Council, " That the various items in the BiH be paid Out of the money derived from the duties on licensed houses for the year 1857," the House begs to acquaint Your Excellency that they intend voting the remainder of such revenue as circumstances may demand. With regard to the remaining portion of Your Excellency's communication, the House will take it into consideration this day fortnight, and give it such attention as the importance of the subject demands. J. S. Helmcken, Speaker. House of Assembly, April 21st, 1857. The Speaker has the honor to inform His Excellency the Governor that the following resolution was agreed to by the House of Assembly this day:— " That on account of the communication from His Excellency the Governor explaining that the money derived from the duties on licensed houses of 1856 had been expended previous to the creation of this House, this House do agree to the amendments proposed by the Honble. Council, that the various items be paid out of the revenue derived from licenses of 1857." J. S. Helmcken, Speaker. IKwmDCT WtfHUWHHitKtti!i! raiMBiMtitotflWBW^^ Correspondence Book. House of Assembly, May 5th, 1857. The Speaker has the honor to inform HIS Excellency the Governor that the House went into Committee this day, and the following Address agreed to arid ordered respectfully to be forwarded to Your Excellency. Here fbflftas the Address, for which consult the Journal of the above date. The following motion was also agreed to. Here follows Mr. McKay's motion for returns of income and expenditure, for which see the proceedings of the House of the above date. J. S. Helmcken, Speaker. House of Assembly, May 18th, 1857. The Speaker has the honour to inform His Excellency the Governor that the following resolution was unanimously agreed to this day:— " That requisition be respectfully made to His Excellency the Governor for copies of all laws enacted by the Council at present in force in this Colony." J. S. Helmcken, Speaker. House of Assembly, May 28th, 1857. The Speaker, on behalf of the House of Assembly, has to acknowledge the receipt of an Abstract of the Income and Expenditure for the Years 1855 & 56, as also a copy of the Laws and Ordinances (from 1 to 10) enacted by the Governor and Council, for which the House passed a vote of thanks to His Excellency the Governor, after which the following resolutions were unanimously agreed to:— "That requisition be respectfully made to His Excellency the Governor for information relating to the progress Of the negotiations for a Reciprocity Treaty affecting this Colony." " That requisition be made with every respect to His Excellency the GoVernor for information relative to the ' Inferior Court of Civil Justice,' the constitution of the same, and by whose authority the said Court has been constituted." J. S. Helmcken, Speaker. 5 May, 1S57. Speaker to Governor. See p. S3, Assembly Minutes, Mem. III. See p. 84, Mem. III. Copies of laws enacted by Council. Public Accounts, 1S55-6. Laws in force. Vote of thank Reciprocity Treaty. Inferior Court. I ml 'I 1/H iiHHiWMim;kmm'MU^ 26 House of Assembly 1 June, 1867. Speaker to Governor. Royalties on Nanaimo coal. Bill to enfranchise Victoria. Spirituous liquors. -Colonial Church. Letter from Cameron, C.J. Inferior Court. Coal royalties. Reciprocity Treaty. House of Assembly, June 1st, 1857. The Speaker, in compliance with the wishes of the House, begs to inform His Excellency the Governor that the following resolution was agreed to this day, as no Member could give the required information:— "That requisition be courteously made to His Excellency the Governor 'to know whether any royalties upon coal have been received from Nanaimo for the year 1856? and, if not? the reason of their being withheld.'" J. S. Helmcken, Speaker. House of Assembly, June 1st, 1857. To His Excellency the Governor and Honble. Council: The Speaker has the honor to inform His Excellency the Governor and Honble. Members of Council that the enclosed " Bill to enfranchise the Town of Victoria " was read a third time this day and finally passed J. S. Helmcken, Speaker. House of Assembly, June 25th, 1857. The Speaker has the honor to acknowledge the receipt from His Excellency the Governor of the following documents:— 1. Act regulating the Importation of Spirituous Liquors. 2. An Act prohibiting the Gift or Sale of Spirituous Liquors to Indians. 3. An Ordinance establishing Regulations for the Arrangement of the Affairs of the Colonial Church of Victoria. 4. Copy of a Communication from Chief Justice Cameron, dated Belmont, 30th May, 1857. Also three several communications relating to— 1. The Inferior Court of Civil Justice. 2. The Non-receipt of Royalties upon Coal from Nanaimo for the Year 1856. 3. The Negotiations with the American Government for a Reciprocity Treaty. Being the returns moved for upon these subjects respectively. iTCtmwt;aiU!tt^»a08roffltTmiiiitirUaii3^mK^tofBgtni Correspondence Book. The House thanks Your Excellency for the same, and have appointed a day, July 9th, for taking the same into consideration. J. S. Helmcken, Speaker. Victoria, Vancouveb's Island, June 1st, 1857. To the Speaker and Gentlemen of the House of Assembly: I have the honor to acknowledge the receipt of your Speaker's communication of the 28th May, transmitting a vote of thanks from the House, which I highly appreciate and receive with the most grateful feelings. Copies of certain laws enacted by the Governor and Council, not previously furnished, are transmitted with this communication for the information of the House. In respect to your Address of the 28th day of May, requesting "information relative to the Inferior Court of Civil Justice, the constitution of the same, and by whose authority it has been constituted." I addressed a note of enquiry upon that subject to Chief Justice Cameron, and herewith forward his reply, containing the information desired by the House. I will further remark, in reference to that subject, that the Court styled in your address " the Inferior Court of Civil Justice " is administered by the same officers and in substance is nothing more than a subordinate branch of the Supreme Court of Civil Justice, established by Her Majesty's Order in Council, dated the 4th day of April, 1856, and Is intended for the recovery of small claims by means of a less costly process than is required in the case of suits instituted in the Supreme Court. (Signed) James Douglas, Governor. (Copy of a letter from David Cameron, Esqr., to Governor Douglas, dated Belmont, May 30th, 1857.) Sib,—I have the honor to acknowledge the receipt of Your Excellency's note of this date, enclosing an Address from the House of Assembly, "That requisition be made with every respect to His Excellency the Governor for information relative to the Inferior Court of Civil Justice, the constitution of the same, and by whose authority it has been constituted." 25 June, 1857. Vote of thanks. Colonial Ordinances transmitted. Inferior Court. Small debts. Enclosure. Letter from Chief Justice Cameron touching " Inferior Court." HWiMfcAMMegmHrtiWhkkkMiai!^ I'll I 28 House of Assembly " Inferior or " Small Debts " Court. Petty debts numerous. Nanaimo coal royalties, 1856. No royalty paid. No law to enforce payment. No coal exported and none used. In reply, I have the honor to inform Your Excellency that the Inferior Court of Civil Justice is founded upon the 9th and 10th Vic, Cap. 95, entitled " An Act for the More Easy Recovery of Small Debts and Demands in England, on the 28th Day of August, 1846." English Jurists hold that Englishmen settling or colonizing new countries carry with them as their birthright not only the Common Law, but all the Statute Law, which may be suitable to their circumstances and enacted prior to the foundation of the Colony. That this law is suitable and in existence here, as the Colony was not founded until a few years after its enactment, there can be no doubt; As Chief Justice, I have brought it into use to meet the exigencies of the suitors. Since my appointment suits for petty debts have become comparatively numerous, and as the process of the Supreme Court would be too costiy and even ruinous to the suitors, I have used my discretion and adopted the process of the 9th and 10th Victoria as quoted above. I have the honor to be, Your Excellency's Most humble servant, XSigned) David Camebon, CJ. VicTOBiA, Vancouver's Isl., 8th June, 1857. To the Speaker and Gentlemen of the House of Assembly: I have the honor to acknowledge the receipt of your Speaker's communication of the 1st June, transmitting a resolution of the House, to the effect "That requisition be made to His Excellency the Governor to know whether any royalties upon coal have been received from Nanaimo for the year 1856; and if not, the reason of their being withheld" The House will observe by the Abstract of the Income and Expenditure of the Colony for the twelve months ending with the 31st day of October, 1856, which I lately forwarded for their information, that no royalty on coal has been paid in for that period No reason has been assigned for that omission, and I am really not aware of any law by which the Executive can properly enforce payment against the proprietors of the coal-mines. It is known that no coal has been exported, and that none has been sold within the Colony for the last twelve months; it is equally notorious that large stocks of coal have been accumulating at the mines for which there is no demand IV" lii.l Correspondence Book. 29 The coal proprietors to&y therefore be unwilling, after having gone to great expense in developing the resources of the Colony, to Incur a further outlay by the payment of duties which probably exceed the value of the coal. Whenever the coal is sold the proprietors will be called upon to pay the royalties; though I hold, as an incontrovertible maxim, that the taxation of native produce is, in all cases, ruinous in its effects on commercial enterprize, and directly opposed to every sound principle of political economy. (Signed) James Douglas, Governor. VicTOBiA, Vancouveb's Isl., June 8th, 1857. To the Speaker and Gentlemen of the House of Assembly: I have to acknowledge your Speaker's communication of the 28th of May, containing the following resolution: " That requisition be made to His Excellency the Governor for information relating to the progress of the negotiations with the American Government regarding the Reciprocity Treaty affecting this colony." I regret to say that I have no other Information upon that subject than is contained in a Despatch from J. F. Crampton, Esqr., lately Her Majesty's Minister at Washington, dated 15th February, 1856, which relates that he had addressed a note to Mr. Marcy stating that the Authorities and the British settlers in Vancouver's Island had expressed a desire to have that Colony included in the provisions of the treaty signed at Washington, June, 1854, for a Reciprocity Treaty of Trade between the "United States and certain British Colonies therein enumerated, and that Her Majesty's Government entirely concurred in the expediency of such a measure, and had instructed him to ascertain whether the Government of the United States would be disposed to enter into negotiations for that purpose. I have not received a copy of Mr. Marcy's reply to that Despatch, but Mr. Crampton further relates that when he first alluded to the subject, Mr. Marcy remarked that, before he could form any opinion in regard to the expediency of such a measure, it would be necessary for him to consult some of the representatives in Congress of the States and Territories, who might be ' supposed to be more particularly interested in the matter. Such Is the very limited amount of information which I possess in reference to that subject (Signed) James Douglas, Governor. 8 June, 1857. Governor to Speaker. Nanaimo coal royalties. Taxation of native produce Beclprocity Treaty. Progress of negotiations. Colony anxious for arrangement. H. M. Govt, concurs. in m • 1 E$i I If jl 30 House of Assembly m m 16 July, 1857. Speaker to Governor. Reciprocity Treaty. Nanaimo coal royalties. Births, Deaths, and Marriages. Governor's Message on beer houses. House of Assembly, July 16th, 1857. The Speaker has the honor to forward to His Excellency the Governor the enclosed Addresses, agreed to unanimously this day. J. S. Helmcken, Speaker. 1st. An Address In reply to the communication of June 1st relating to the progress of the negotiations with the American Government for a Reciprocity Treaty with this Island 2nd An Address in answer to a communication of the 8th of June upon the subject of the non-payment of royalties upon coal at Nanaimo for the year 1856. For the Addresses see the proceedings of the House of the above date.—J. S. H. House of Assembly, August 11th, 1857. The Speaker has the honour to forward to His Excellency the Governor and Council for their consideration the enclosed "Bill for the Registration of Births, Deaths, and Marriages in Vancouver's Island and its Dependencies." J. S. Helmcken, Speaker. House of Assembly, August 11th, 1857 The Speaker has the honor to acknowledge on the part of the House the receipt of a Message from His Excellency the Governor relating to the granting of licenses to beer houses, and containing a recommendation that the subject be taken into consideration. The House have appointed the 14th day of August for the consideration of the subject. J. S. Helmcken. Victobia, Vancouveb's Isl., 5th August, 1857. To the Speaker and Gentlemen of the House of Assembly: I have received your Speaker's letter of the 16th July last, transmitting two Addresses from the House of the same date, which shall have my best consideration. KM EH225K!raHanJE25H28MgS5u1 ll Correspondence Book. 31 I have on the present occasion to call the attention of the House to the Ordinance of the 29th of March, 1853, which authorizes the licensing of inns, public or beer houses, and regulates the amount of duty chargeable for general wholesale and retail licenses, but does not fix the rate of duty chargeable on houses licensed for the sale of beer only. An application for a beer license having been made to the Licensing Magistrates at their late annual meeting by a respectable citizen of Victoria, it was granted accordingly, and in the absence of a legally fixed rate, the sum of £20 was charged for the said license. I have now to recommend to the House that the license law be remodelled or a clause added to that law fixing the amount of duty to be hereafter charged for licenses to sell beer and other malt liquors. (Signed) James Douglas, Governor. Receipt of the above acknowledged; see preceeding page.— J. S. H. August 11th, 1857. House of Assembly. The Speaker has the honor to forward to His Excellency the Governor the following resolutions adopted by the House this day:— The House of Assembly in Committee have the honor to acknowledge the receipt of Your Excellency's communication of the 5th August, 1857, suggesting their consideration of the Ordinance of the 29th March 53, with a view to remodelling the same, and beg to say the subject shall receive their closest attention at a future period. The House is further of opinion that the sense of the House should have been taken previously to fixing the £20 rate, which they would suggest was a breach of their privileges. J. S. Helmcken, Speaker. House of Assembly, December 11th, 1857. The Speaker has the honor to inform His Excellency the Governor that the House met this day and adopted the following resolutions, respectfully requesting information thereon:— 1st For information respecting the " Bill to enfranchise the Town of Victoria," also for the same concerning the " Bill for the Registration of Births, Deaths, and Marriages." 11 Aug., 1857 Beer-house licenses. £20 paid by respectable citizen. Revision of law. Remodelling of Liquor License Ordinance. Breach of privilege. Enfranchisement of Victoria. Births, Deaths, and Marriages. I 32 House of Assembly ff 11 Dec, 1857. Address on Public Schools. Moving District School. Craigflower School. PubUc Schools. 2nd That a copy of the Colonial Accounts for the year 1857 be laid before the House as early as convenient. 3rd. That information be respectfully requested whether any land be legally attached to the district schools or not? and if any, what extent of land is attached to each. J. S. Helmcken, Speaker. House of Assembly, December 11th, 1857. To His Excellency the Governor and Council: The Speaker begs respectfully to inform His Excellency the Governor and Council that the report of the Committee appointed to enquire into the state of the Public Schools, and which is herewith enclosed, was presented to the House on December 4th and ordered to be read after which the following notice of motion was placed upon the books:— "That the House go into Committee at its next meeting for the purpose of considering the propriety of removing the Victoria District School to a position nearer the Town of Victoria." The House met this day, and after some preliminary proceedings formed itself into Committee, and after discussion unanimously agreed to the following resolutions:— 1st. That, in the opinion of this House, it is advisable that the Victoria District School be removed to a position nearer the Town of Victoria. 2nd. The House would recommend, " That the school-house opposite Craig Flower, being in a very delapidated condition, be thoroughly repaired before being taken off the contractor's hands." It was also resolved that the report of the Committee be adopted, and that the attention of His Excellency the Governor and Council be respectfully directed to the matters related therein. The House then adjourned until December 22nd at 10 a.m. J. S. Helmcken, Speaker. Victobia, Vancouveb's Island, 19th December, 1857. To the Speaker and Gentlemen of the House of Assembly: I have to acknowledge the receipt of your Speaker's com- munication of the 11th of August last, transmitting a copy of the report of the Committee appointed to enquire into the state of the Public Schools, and also copies of certain resolutions respecting S55?5OTRR!aSi5SaSES«8! Correspondence Book. 33 the District Schools, which had passed the House in consequence of the information presented in that report. I have to thank you for the said report, and to assure the House that those resolutions shall be laid before the Council for consideration at an early day. I herewith transmit for your information the copy of a notice issued on the 15th instant, respecting the rate of fees authorized by the Governor and Council in the District Schools of Vancouver's Island James Douglas, Governor. Notice. Whereas it appeareth from a report of a Committee of the House of Assembly appointed to enquire into the state of the Public Schools, of this Colony, and some misapprehension exists with respect to the District School Fees as authorized by the Governor and Council: It is therefore desirable to make known to all whom it may concern that the Teachers of the District Schools of Vancouver's Island are, in addition to their annual salary and board allowance from the Colonial Trust Fund, authorized to receive pupils in the manner following, and to charge according to the Scale of Fees hereinafter set forth for each pupil; that is to say, children placed under the care of the District Teachers for tuition shall be boarded at the following rates.: 1st, Children of Colonists residents of Vancouver's Island and of servants of Hudson's Bay Gompany, j 2nd The children of non-residents, not being servants of Hudson's • Bay Company, Day scholars attending the District Schools shall pay at the following rates for tuition, viz.: Five shillings per quarter of (or) twenty shillings per annum for the following instruction, viz.: Reading, English grammar, writing, geography, arithmetic and industrial training. When a higher series of education is given, such as Latin or other languages and the higher branches of arithmetic and mathematics, they shall pay an increased rate of school fees to be arranged between the Governor for the time being and the Schoolmaster. 3 IS guineas per annum. Any sum that may be agreed with the parties. 19 Dec., Public Schools. 1857. District School Fees. Day scholars. Higher education. i 34 House of Assembly m 1 Enfranchisement of Victoria. Births, Deaths, and Marriages. PubUc Accounts. Land grant to District Schools. Births, Deaths, and Marriages. In all cases the pupils are to find books and stationery at their own expense, the same not being provided by the Colony. RlCHABD GOLLEDGE, Secretary. Victoria, Vancouver's Isld., December 15th, 1857. By His Excellency's command. VicTOBiA, Vancouveb's Island, 19th December, 1857. To the Speaker and Gentlemen of the House of Assembly: I have to acknowledge the receipt of your Speaker's communication of the 11th December, and in compliance with the request of the House of Assembly, I have to refer you to my communications of this date for information respecting the "Bill to enfranchise the Town of Victoria" and the "Bill for the Registration of Births, Deaths, and Marriages." I also herewith transmit a copy of the Expenditure of the Colony for the twelve months ending with the 31st day of October last, so far as the returns have been received I have also further to inform the House that it is my intention to make over by way of grant a piece of land for the use of each of the District Schools, and I have every reason to believe that the Governor and Committee of the Hudson's Bay Company will confirm the said grant (Signed) James Douglas, Governor. Victobia, Vancouveb's Isld., 19th December, 1857. To the Speaker and Gentlemen of the House of Assembly: I have to acknowledge Mr. Speaker's communication of the 11th of August last, transmitting " A Bill for the Registration of Births, Deaths, and Marriages," which passed the House on the same day. It is my intention to submit the said Bill for the consideration of the Governor and Council at an early day. (Signed) James Douglas, Governor. Correspondence Book. 35 Victobia, Vancouveb's Isld., December 19th, 1857. To the Speaker and Gentlemen of the House of Assembly: I have to acknowledge your Speaker's communication of the 1st of June last, transmitting "A Bill to enfranchise the Town of Victoria," which will be submitted for the consideration of the Council. James Douglas, Governor. Victobia, Vancouveb's Isld., 19th December, 1857. To the Speaker and Gentlemen of the House of Assembly: I have received your Speaker's communication of the 11th of August last, transmitting certain resolutions respecting the licensing of beer houses, which had passed through the House, and will have my best attention. (Signed) James Douglas, Governor. House of Assembly, April 29th, 1858. The Speaker has the honor to forward the enclosed "Bill to amend the Law relating to the Licensing of Inns, Public and Beer Houses" for the consideration of His Excellency the Governor and Council. The House of Assembly does not consider any further alteration of the law necessary at present, but, with a view to its future consideration, have limited its duration to one year. J. S. Helmcken, Speaker. House of Assembly, April 29th, 1858. The Speaker, on behalf of the House of Assembly, begs respectfully to enquire whether a copy of the evidence given before the Committee appointed to enquire into the affairs of the Hudson's Bay Company has been sent for their Information; and, if not, to ask the loan of one from His Excellency the Governor. 19 Dec., 1857. Enfranchisement of Victoria. Beer bouses. Inns, Public and Beer Houses. Enquiry into H. B. Go.'s affairs. i 36 House of Assembly 29 April, 1858. Blue Books. Conference between Council and House. Conference between Council and Assembly. Returns from Licensed Houses. Reservation of Springs and Old Well. School-house. The House of Assembly is further of opinion the copies of Blue Books containing matters connected with Vancouver's Island should be forwarded as soon as published for the information of the House. J. S. Helmcken, Speaker. House of Assembly, June 15th, 1858. The Speaker has the honor to inform His Excellency the Governor that the House met this day and adopted the following resolutions. For which see the proceedings of the House of the above date relating to a Conference requested between the House and His Excellency the Governor and Council. J. S. Helmcken, Speaker. Victobia, V.I., June 16th, 1858. To the Speaker and Gentlemen of the House of Assembly: I have received your Speaker's Address of the 15th inst. requesting a Conference with me for the purpose of seeking information on certain subjects which are therein detailed and I have to inform you, in reply, that I shall have much pleasure in meeting the House in Conference at Government House at 3 o'clock this afternoon. James Douglas, Governor. House of Assembly, August 10th, 1858. The Speaker begs to acknowledge the receipt of the following documents from His Excellency the Governor, being returns, &c, moved for, and on the part of the House to thank His Excellency for the same:— 1st. Returns of Monies arising from Duties on Licensed Houses. 2nd. Information of Instructions having been given to reserves the Springs of Water and Old Well with the Land adjacent for the Use of the Public (July 27th). 3rd. Information regarding the School-house, Victoria, being Information asked for as per Resolution of the House, August otb. Correspondence Book. Ol 4th. A Communication relative to the Necessity of enlarging the Prison and raising Funds for the Erection of same and other matters. The latter was to have been taken into consideration this day, but owing to the indisposition and absence of Members the subject will be brought forward on Tuesday next at 11 a.m. J. S. Helmcken, Speaker. Govebnment House, August 6th, 1S58. Mr. Speaker and Gentlemen of the House of Assembly: I have the honor to acknowledge your Speaker's communication of the 27th of July, transmitting a resolution agreed to by the House on the same day, and I have, in consequence of the wishes expressed by the House in that resolution, given instructions to the Surveyor-General to reserve the water springs and adjoining land and the well which formerly supplied the Town of Victoria with water, for the use of the public. (Signed) James Douglas, Governor. Govebnment House, Victobia, August 9th, 1858. To Mr. Speaker and Gentlemen of the House of Assembly: I have received your Speaker's communication of the 5th August on the subject of the transfer of Victoria Colonial School, and I have to inform the House that through my instructions arrangements are now in progress for erecting a new School-house on the Church lands near the parsonage, and when it is completed the school will be removed thither and the present school-house be made over to the Customs Department, which will be charged with the cost of the building. James Douglas, Governor. 10 Aug., 1858. Prison. Water springs and old well reserved. Removal of Victoria Colonial School. I to 38 House of Assembly tin: Rfi! 9 Aug., 1858. Public Gaol. PnbUc Hospital. Cost of buildings. Duties on licensed houses. Govebnment House, Victobia, August 9th, 1858. To the Speaker and Gentlemen of the House of Assembly: I have the honor to acknowledge the receipt of your Committee's report on the state and discipline of the Public Gaol at Victoria, as transmitted to me in your Speaker's communication of the 5th instant. The painful details given in that report call for the instant attention of the Legislature. The report shews that the present gaol is too small for the place, and that a larger and well-ventilated building is urgently required. A Public Hospital is also one of those institutions which is greatly needed for the relief of the casual sick, applications for medical attendance being of almost daily occurrence at Government Houses by sick and destitute persons. I would therefore recommend that the House enter without delay into the consideration of the ways and means of raising money for defraying the expense of erecting a Public Gaol, and also, should the expense not appear greater than the revenues of the Colony are capable of defraying, the erection of a Public Hospital. The cost of those buildings will probably not exceed the sum of £4,000 sterling, and the House should make provision accordingly. James Douglas, Governor. Victobia, V.I., 23rd August, 1858. To the Speaker and Gentlemen of the House of Assembly: I herewith transmit for the information of the House a further return of the 19th inst of £360 arising from duties on licensed houses. (Signed) James Douglas, Governor. Amount already accounted for £2,650 0 0 Account now transmitted 360 0 0 £3,010 0 0 tH S35IH2F Correspondence Book. 39 Victobia, V.I., 23rd August, 1858. To the Gentlemen and Speaker of the House of Assembly: In consequence of the request of the House, there is herewith forwarded for their information a return of the number of vessels which have entered at the Port of Victoria since the 1st March last and the dues collected on the same, and also of the number of officers employed in the Custom-house and a statement of the salaries which they respectively receive. The Governor and Council have not framed any Customs Regulations ; the laws relative to shipping in this Colony being enforced under the Customs Consolidation Acts, as they apply to the British Possessions in America. I have to thank the House for a copy of the report of the Committee appointed to enquire into the state and discipline of the Public Gaol. (Signed) James Douglas, Governor. Victobia, V.I., 23rd August, 1858. To the Speaker and Gentlemen of the House of Assembly: Your Address of the 17th instant on the subject of the enlarge ment of the Public Gaol has been received, and your suggestions will be attended to. In waiting the further action of the House, and the grant of the sums of money requisite for carrying the proposed plans of improvement into effect, there are two points which I have to suggest for your consideration:— 1st. That the site of the building used at present as a Public Gaol is in a very confined situation, and manifestly unfit for an hospital, where thorough ventilation and pure air are so essentially necessary for the recovery of the sick. 2nd. The Hudson's Bay Company will not consent to the proposal of the House for enlarging the present building, which belongs to them, and is merely leased from year to year for the use of the Colony. James Douglas. 23 Aug., 1858. No. of vessels entering Victoria. Custom-house. Customs Regulations. Public Gaol. 40 House of Assembly 23 Aug., 1858. Removal of Victoria School. Customs officers not to be provided with residences. Unauthorized sale of liquors. Licenses paid into General Colonial Fund. Victobia, V.I., 23rd August, 1858. To the Speaker and Gentlemen of the House of Assembly: In acknowledging your Address of the 17th August respecting the removal of the Victoria School from the building where it is now kept to another building which it is proposed to erect on a more convenient site for the population of the town generally, I am prepared to admit the cogency of the reason which have (has) induced the House to express a wish that the proposed arrangement should not be carried into effect; at the same time, however, I must inform the House that arrangements have already been entered into for the erection of the new building, chiefly in consequence of the generally expressed wish of the people, and of the resolution which the House passed to that effect on the 11th of December last-; and those arrangements cannot now be altered. Nevertheless, should any evidence be made to appear of a general desire on the part of the inhabitants of Victoria to retain possession of the present school-house in preference to the new building, I will in that case yield to their wishes and order the new building to be used for some other public purpose. The House having in the same Address given it as their opinion that the officers of the Customs should not be provided with private residences at the public expense, lest the outlay should become burdensome to the Colony, I have to acquaint the House that, in the arrangement made with the present Collector of Customs, the advantage of having a free house forms part of the salary and remuneration which he receives for his services, and is not allowed him as a gratuitous favor. James Douglas, Governor. Victobia, Vancouveb's Isl., August 23rd, 1858. To the Speaker and Gentlemen of the House of Assembly: In reply to your Address of the 17th of August respecting the unauthorized sale of spirituous liquors at Nanaimo, I would suggest that any Member of the House cognizant of infractions of the license law should give information of the same to a Magistrate, and prosecute before the proper Court all persons guilty of those offences. The moneys raised last year from duties on licensed houses were paid into the General Colonial Fund as per a return then furnished. The House has consequently the means of ascertaining Wm Correspondence Book. 41 through its own records what sums were voted for the service of the year, and what balance or if any remains disposable for the current year. I therefore regret that the House should have had the trouble of referring to me for information on a subject with which I am imperfectly acquainted The income derived from the dues on shipping must in the first place be applied to the payment of the officers employed and the other necessary expenses of the Department, and should any balance remain after defraying those expenses, the sum will be applied to meet the general expenditure of the Colony. When Customs duties are levied in this Colony, which is, however, not the case at present, the revenue so raised will unquestionably be at the disposal of the Colonial Legislature. (Signed) James Douglas, Governor. House of Assembly, August 24th, 1858. The Speaker begs to acknowledge the receipt of the several communications of August 23rd from His Excellency the Governor. The House intends taking the same into consideration on Friday next, but previous to that would be glad to know the salary of the Collector of Customs, the same not being stated in last returns. J. S. Helmcken, Speaker. Govebnment House, November 8th, 1858. To the Speaker and Gentlemen of the House of Assembly: With reference to your Address of September 17th, wherein further reasons are given in support of the opinion of the House that the Victoria District School should not be removed from its present situation, I have to acquaint the House that their wish has been complied with; and, further, that instructions have been given to put the said school-house in a proper state of repair, as requested per resolution of the House of August 17th, 1858. (Signed) James Douglas, Governor. 23 Aug., 1858. Shipping dues. Salary of Collector of Customs. Removal of Victoria District School. I ! 42 House of Assembly % M in 8 Nov., 1858. Collector of Customs. Income returns. Enfranchisement of Victoria. Govebnment House, November 8th, 1858. To the Speaker and Gentlemen of the House of Assembly: In acknowledging the receipt of your Address of September 17th. relating to certain omissions in the returns furnished by the Collector of Customs, I beg to inform the House of my ignorance of such omissions, and now state for the information of the House that the salary of the Collector of Customs to be £700 per annum with a free residence, and that the salaries of the officers engaged in the Customs Department are paid out of the revenues received by that Department. (Signed) James Douglas, Governor. Government House, November 8th, 185S. To the Speaker and Gentlemen of the House of Assembly: I have to inform the House that instructions have been given to forward, as soon as possible, "An Abstract of the Income of the Year ending October 31st, 1857," being the returns moved for by the House, September 17th, 185S. James Douglas, Governor. Govebnment House, November 8th, 185S. To the Speaker and Gentlemen of the House of Assembly: In reply to your communication of November 2nd requesting information as to the progress of the "Bill to enfranchise the Town of Victoria," I have to inform the House that the subject is still under consideration. (Signed) James Douglas, Governor. Government House, November 15th, 185S. To the Speaker and Gentlemen of the House of Assembly: I herewith return the following Bills, which have been under the consideration of the Council and have this day been duly passed, and copies of which are herewith forwarded, viz.:— Correspondence Book. 43 1st. A Bill to amend the Law relating to Inns and Beer Houses. 2nd. A Bill of Supply granting certain Sums of Money for the Improvement of the Roads and Streets and for the Use of the House of Assembly. 3rd. An Act to amend the Law relating to the Licensing of Inns, Public and Beer Houses. (Signed) James Douglas, Governor. House of Assembly, November 23rd 1858. The Speaker begs to acknowledge the receipt of the following Bills :— 1st. A Bill to amend the Law relating to Inns and Beer Houses. 2nd A Bill of Supply granting certain Sums of Money for the Improvement of the Roads and Streets and for the Use of the House of Assembly. 3rd. An Act to amend the Law relating to the Licensing of Inns, Public and Beer Houses. These Bills were severally laid before the House this day, and the formular (sic) amendments therein made by the Legislative Council agreed to nem. con. J. S. Helmcken, Speaker. House of Assembly, December 7th, 1858. The Speaker has the honor to inform His Excellency the Governor that the following resolution was unanimously agreed to this day:— "That an Address be presented to His Excellency the Governor, praying that a public road be opened from Craig Flower to the Hospital Road at Esquimalt, passing by the Barracks at Constance Cove, and also that the old road across the Gorge be reopened" J. S. Helmcken, Speaker. 15 Nov., 1858. Inns and Beer Houses Bill. Supply Bill. Licenses. Inns and Beer Houses. Supply. Liquor licenses. Road, Craig- flower to Hospital Road. . - a'lijnihJtJt'lJIiaiiiilUCUIIDlUJlsfiBS'JBWS 44 House of Assembly 11 Jan.i 1859. U ill Enfranchisement of Victoria. Enfranchisement of Victoria. Books for House. House of Assembly, January 11th, 1859. The Speaker has the honor to inform His Excellency the Governor that the following motion was brought forward by Mr. J. Yates (Victoria) and agreed to:— " I beg to move, That this House be informed by the Executive if the bill for the Extension of the Franchise to the Town of Victoria, which passed this House on the first of June, 1857, is likely to be passed or rejected by the Executive." The House will meet on Tuesday next at 11 a.m. J. S. Helmcken, Speaker. Govebnment House, January 18th, 1859. To the Speaker and Gentlemen of the House of Assembly: I have received your Speaker's communication of the 11th inst. containing the following motion brought forward by Mr. Yates (Victoria) :— " I beg to move, That this House be informed by the Executive if the bill for the Extension of the Franchise to the Town of Victoria, which passed this House on the first day of June, 1857, is likely to be passed or rejected by the Executive." I have to inform you, in reply to that Address, that the consideration of the Act for the Enfranchising to (of the) Town of Victoria has been necessarily delayed in consequence of the condition of the country and the great pressure of public business; it will, however, be brought forward for the consideration of the Council on the first convenient occasion, and the decision of that body will be communicated to you at an early day after its first meeting. (Signed) James Douglas, Governor. House of Assembly, January 18th, 1859. The Speaker has ,the honor to inform His Excellency the Governor that the following resolution was unanimously agreed to this day:— " That an Address be presented to His Excellency the Governor, praying that His Excellency would communicate with | hi: Correspondence Boole. 45 His Excellency the Governor-General of Canada or proper authorities for the purpose of obtaining a presentation of the following works:— 1. Statutes of Upper Canada. 2. do of Lower Canada. 3. Journal of Proceedings of Legislative Assembly. 4. Journal of Proceedings of Legislative Council. 5. Revised Statutes of Upper Canada. 6. Revised Statutes of Lower Canada. 7. Canada Gazette—Old files as well as new as they come out, and any other works Issued by Government. And that His Excellency would also hold communication with the Home Government for the purpose of obtaining the more recent Statutes as well as a supply of works published by the Government." J. S. Helmcken, Speaker. House of Assembly, January 25th, 1859. The Speaker has the honor to Inform His Excellency the Governor that the following resolution passed unopposed this day:— "That application be made to His Excellency the Governor for the following information, viz.: Has the Government of this Island the power to remove the Indians (by purchase) from that piece of land inside Victoria Harbour known as the ' Indian Reservation'? Should Government not have that power, may it please His Excellency to inform this House " wherein the Government is powerless." (J. Yates.) The House will meet again February 8th at 11 ajn. J. S. Helmcken, Speaker. House of Assembly, January 25th, 1859. The Speaker begs to inform His Excellency the Governor that the following motion was agreed to this day:— " That an Address be presented to His Excellency the Governor, praying that one hundred acres of land be reserved in the Districts of Esquimault and Metchosen, Sooke, Saaniitch. and Cowwitchin for educational purposes, and that one hundred acres of land in 18 Jan., 1859. Books required by House. Removal of Indians from Reservation. Reservations of land for educational purposes. 1 m ' 1_ 38 S m mi 46 Reservation of lands for school purposes. Removal of Indians from Reservation at Victoria. House of Assembly each of the aforesaid districts be reserved for public purposes, the said lands to be chosen in the most eligible situations." (J. W. McKay.) J. S. Helmcken, Speaker. Victobia, Vancouveb's Island, 5th February, 1859. To the Speaker and Gentlemen of the House of Assembly: I have duly received your Address of the 25th ultimo, praying that certain lands should be reserved in the several Districts of Esquiinault, Sooke, Saanitch, Metchosin, and Cowitchin for educational and public purposes, and I have to communicate to you, in reference thereto, that instructions have been issued to Mr. Surveyor-General Pemberton requiring him to make large reserves for the general purposes of the Government in the Districts of Esquimault, Metchosin, Sooke, Saanitch, Cowwitchin and Nanaimo, and all other districts in Vancouver's Island which may hereafter be surveyed for settlement (Signed) James Douglas. Victoria, Vancouveb's Island, 5th February, 1859. To the Speaker and Gentlemen of the House of Assembly: I have to acknowledge the receipt of your Speaker's communication of the 25th ultimo, containing the following resolution which passed the House on that day:— "That application be made to His Excellency the Governor for the following information, viz.: Has the Government of this Island the power to remove the Indians (by purchase) from that piece of land inside Victoria Harbour known as the Indian Reservation? Should the Government not have that power, may it please His Excellency to inform this House wherein the Government is powerless." (J. Yates.) In reply to the foregoing resolution, I have to observe that previously to the grant of the Island to the Hudson's Bay Company the whole Island was vested in the Crown as part of its domains. When the settlement at Victoria was formed, certain reservations were made in favour of the Indian tribes. First: They were to be protected in their right of fishing on the coast and in the bays of the Colony, and of hunting over all ■ m Correspondence Book. unoccupied Crown lands; and they were also to be secured in the enjoyment of their village sites and cultivated fields. Those rights they have since enjoyed in full, and the reserves of land covering their village sites and cultivated fields have all been distinctly marked on the maps and surveys of the Colony, and the faith of Government Is pledged that their occupation shall not be disturbed For that reason the Government will not cause them to be removed because it is bound by the faith of a solemn engagement to protect them in the enjoyment of those agrarian rights. It may further interest the House to know that the title to those lands is vested in the Crown, and that the Indians of themselves can convey no UUe to any part of their reserves either by sale or lease. The presence of Indians near the town is a public Inconvenience, but their violent removal would be neither just nor politic. I therefore propose, as a remedy, to enter into arrangement with their consent to subdivide the reserve adjacent to Victoria, and to let it out on leases to persons who will undertake to build and to make other improvements upon it, and to apply the whole proceeds of those leases to the general benefit of the Indians interested. That Is by providing them with a school-house and teacher, who will probably be a Missionary Clergyman, for the education of their children, and to endeavour thus to raise them morally and socially to a higher position than they now occupy in the Colony. By such means a great benefit, worthy of the philanthropy of our country, will be conferred upon the Indians themselves, while at the same time the improvement and increase of the Town of Victoria will not be retarded by their unprofitable occupation of one of its most valuable portions. James Douglas. House of Assembly, February 8th, 1859. The Speaker begs to acknowledge the receipt of two several communications from His Excellency the Governor:— 1st. Relating to the reservation of certain lands for Government purposes in various districts of Vancouver's Island; the same being in reply to a resolution of the House of January 25th. 2nd Relating to the removal of the Indians from their reservation in Victoria Harbour, and defining a plan by which the desire of the House, as expressed by resolution January 25th, might be obtained. 5 Feb., 1859. Removal of Indians from Reservation. Their rights. Leasing of reserve for benefit of Indians. Reservation of certain lands. Removal of Indians. iK' \\\\\\ 48 House of Assembly i v \\B Books for House. New apartments for Legislature. These several communications were read to the House and ordered to be taken, into consideration on Tuesday next at 11 a.m., when certain resolutions will be proposed relative thereto. J. S. Helmcken, Speaker. Victoria, Vancouver's Isld., 5th February, 1859. To the Speaker and Gentlemen of the House of Assembly: I have duly received your Speaker's communication of the 18th ultimo, forwarding to me a resolution which had been unanimously agreed to on that day, to the effect that the Governor- General of Canada should be requested to present certain works as named for the use of the House of Assembly of Vancouver's Island In reply thereto, I would beg to acquaint you that I will forward a copy of your resolution to the Governor-General of Canada, and will request a presentation of the works desired James Douglas. Govebnment House, Victobia, Vancouveb's Island, 21st February, 1859. To the Speaker and Gentlemen of House of Assembly: Having received intimation from the officer in charge of the Hudson's Bay Company's establishment at this place that he cannot without much inconvenience any longer dispense with the use of the apartment in which the House of Assembly have hitherto met and pursued their meritorious and highly useful labors, I wish on the present occasion to inform you that I have made arrangements that the House should hereafter be convened in the Court-room of the New Police Office, which I have directed the Commissioner of Police to prepare for your reception without delay, in a manner befitting the^dignity of your Honourable House. I have, &c, (Sgd.) James Douglas, Gov. House of Assembly, February 15th, 1859. The Speaker has the honor to inform His Excellency the Governor that the following resolution was agreed to this day:— 1, Correspondence Book 49 T " That an Address be presented to His Excellency the Governor, praying for the immediate removal of the Northern Indians from the Town of Victoria." J. S. Helmcken, Speaker. House of Assembly, February 22nd 1859. The Speaker begs to inform His Excellency the Governor that the following motion was carried this day:— " That an Address be presented to His Excellency the Governor, praying that he will impress upon Her Majesty's Government the imperative necessity of sending Commissioners to this Island without delay for the purpose of making a thorough investigation into the affairs of the Colony before releasing the Hudson's Bay Company from their responsible Government" (Mr. Yates.) J. S. Helmcken, Speaker. House of Assembly, February 22nd, 1859. The Speaker, having received Your Excellency's communication of February 21st informing the House that the hall In which they at present meet is required for other purposes and that suitable accommodation will be afforded in future in the Courthouse, laid the same before the House of Assembly, who acquiesced in the arrangement. J. S. Helmcken, Speaker. To His Excellency tlie Governor of Vancouver's Island. House of Assembly, 15th February, 1859. To His Excellency the Governor: The House of Assembly begs respectfully to acknowledge the receipt of Your Excellency's communication of 5th February, 1859, the same being a reply to the resolution of the House of January 25th that one hundred acres of land should be reserved in several mentioned districts for educational and one hundred for public purposes. 15 Feb., 1869. Northern Indians. Investigation into Colonial affairs. New chamber for House. Reservation of land. ■li !| il 1 50 House of Assembly 15 Feb., 1859. Large reserves for Government purposes. Averse to reserves for religious establishments. Reserves not to be sold without consent of House. Mint. Enfranchisement of Victoria. The House observes that, in replying to this resolution, Your Excellency's remarks "that instructions have been issued to Mr. Surveyor-General Pemberton requiring him to make large reserves for the general purposes of Government in the various Districts of Esquimau, Matchosin, Sooake, Saanitch, Cowitchin, and Nanaimo, and all other districts in Vancouver's Island which may hereafter be surveyed for settlement." In reference to this paragraph, the House would humbly observe that, knowing large reserves to be detrimental to the settlement of the Colony and at the same time unnecessary, it had no desire that any more land should be reserved and not for any other purpose than was explicitly stated, but particularly were averse to making reserves for the purpose of endowing or supporting any religious establishments, considering any reserve for this purpose unadvisable and objectionable. The House would therefore humbly request that its resolution of January 25th should be complied with, and, moreover, hopes and respectfully asks that in any case it shall be guaranteed that such reserves shall not be sold leased or otherwise disposed of, made use of, excepting with the consent of the Legislature of Vancouver's Island, and respectfully urges that this request be complied with. House of Assembly, 31st March, 1859. Mr. Speaker has the honor to inform His Excellency the Governor that the following Address was agreed to this day:— " That an Address be presented to His Excellency the Governor, praying that he will urge upon the Home Government the desirability of establishing a mint in this Colony, and also that the money therein coined shall be decimal currency of the same value as that of the United States of America." Proposed by the Hon. Member for Esquimau. House of Assembly, April, 1859. Mr. Speaker begs respectfully to inform His Excellency the Governor that the following resolution was agreed to by the House this day:— " That information be courteously requested of His Excellency the Governor respecting the progress of the Bill to enfranchise the Town of Victoria." lliV Correspondence Book. 51 Govebnt. House, Victobia, 7th April, 1859. To the Speaker and Gentlemen of the House of Assembly: In reply to the resolution which passed your House on the 6th instant requesting information respecting the progress of the Bill to enfranchise the Town of Victoria, I have to communicate for your information that the said Bill was laid before Council and received its favorable consideration for the first time on the 23rd day of March last (Sgd.) James Douglas, Governor. Govebnt. House, 6th April, 1859. To the Speaker and Gentlemen of the House of Assembly: I have the honor to acknowledge the receipt of a communication from Mr. Speaker dated on the 31st March, transmitting the following Address:— " That an Address be presented to His Excellency the Governor, praying that he will urge upon the Home Government the desirability of establishing a Mint in this Colony, and also that the money shall be decimal currency of the United States of America." I beg to assure the House that I will, without delay, enter into communication with Her Majesty's Government strongly recommending the expediency and advantage of establishing a Mint on Vancouver's Island. James Douglas, Governor. Govebnment House, 6th April, 1859. The Speaker and Gentlemen of the House of Assembly: I have to acknowledge the receipt of your Address of the 22nd February last, stating that the following motion was carried that day:— " That an Address be presented to His Excellency the Governor, praying that he will impress upon Her Majesty's Government the imperative necessity of sending Commissioners to this Island without delay for the purpose of making a thorough investigation into the affairs of the Colony before releasing the Hudson's Bay Company from their responsible Government," 7 April, 1859. Enfranchisement of Victoria. *! Mint. Investigation of Colonial affairs. v * I II' m House of Assembly •i I 6 Apr., 1859. Removal of Northern Indians. Removal of Northern Indians. I beg to assure the House that I will transmit, without delay, a copy of this motion for the information of Her Majesty's Government. (Sgd.) J. Douglas, Governor. Gov. House, V. Isld., 6th April, 1859. To Speaker and Gentlemen of the House of Assembly: I have received your Address of the 16th February last, "praying for the immediate removal of the Northern Indians from the Town of Victoria," and in reference to that subject I now communicate for your information copy of a correspondence with Captain De Courcy, RNT., making a demand on that officer for the assistance of one of Her Majesty's vessels of war to convey, for reasons therein stated the said Indians in their canoes as far as Johnston's Straits, and communicating his ready compliance with the demand by detaching Her Majesty's steamship " Tribune," under the command of Captain Hornby, RJ*., for that responsible and trying service. Their removal was effected with complete success, attended with circumstances evincing a degree of humanity and sound judgment highly honorable to the gallant officer in command. James Douglas, Governor. Victoria, V.I., 8th March, 1859. Sir,—There is at the present moment a large number of Northern Indians encamped in and around Victoria through whom it is apprehended disturbances may arise, and by whom outrages may be committed, and as I have been anxious for some time past to remove these Indians from the place, and to send them to their homes, I have the honor to apply to you on the occasion to know whether you will spare one of Her Majesty's vessels of war to assist me in my endeavours, by conveying the said Indians in their canoes as far as Johnston's Straits, which would insure the safe conveyance of the Indians beyond a point where they would be likely to commit any outrages on the white settlements, and would at the same time give them sufficient protection against a tribe near to that locality whom they represent they are unable to pass at the present time unless protected (Sgd.) James Douglas, Governor. TV I 1 Correspondence Book. 53 H.M.S. "Pylades," Esqutmalt Habboub, 12th March, 1859. Sib,—In reply to your letters of the 8th and 9th Inst, I have the honor to acquaint you that H.M.S. "Tribune" will be ready on Wednesday, the 16th Inst., to convey the Northern Indians as far as Cape Mudge, beyond which point I cannot authorise Captain Hornby to go in the ship, but will leave It to his judgment as to the necessity, or otherwise, of conveying the Indians by the ship's boats for a moderate distance beyond that point. Captain Hornby will be instructed to receive on board the "Tribune" whoever you may think necessary to send in charge of the Indians, and any suggestions you may have to offer shall be attended to. &C &c., &c., Mich, de Courcy, Captain and Senior Officer. His Excellency the Governor. Govebnt. House, V.I., 6th April, 1859. The Speaker and Gentlemen of House of Assembly: I have received your Speaker's communication of the 31st March, wherein reference is made to a communication from me of the 5th February in reply to the resolution of the House of the 25th January last, praying that 100 acres of land should be reserved in certain districts of Vancouver's Island for educational and 100 for public purposes. I beg to observe, for the information of the House, that in surveys of the public domain large reserves of land are invariably made for the purposes of Government, and that rule has been carried out in Vancouver's Island in common with other Colonies. The disposal of such land and its application to special objects rests with the Crown, except in Colonies where arrangements have been made for securing a civil list in return for the lands of the Crown. In communicating, therefore, to you that I had issued instructions to Mr. Surveyor-Pemberton requiring him to make large reserves for the general purposes of Government in all the surveyed districts of Vancouver's Island L in substance, complied with the wishes of the House and exercised to their full extent the power vested in my office. The House will thus observe that I could not authorize the application of those reserves for special objects, and for the same reason I cannot literally comply with the request of the House 12 Mar., 1859. Removal of Northern Indians. Reservations of land for school and other purposes. Civil list. Large revenues for general purposes. Li i 54 House of Assembly 6 Apr., 1859. Land reserves. Removal of Indians from Reservation at Victoria. Indian rights. Government bound by solemn engagement. Title vested in Crown. as stated in your communication of the 31 March, to the effect that " It shall be guaranteed that such reserves shall not be sold, leased, or otherwise disposed of (or) made use of excepting with the consent of the Legislature of Vancouver's Island" The House may, however, rest assured that I will not fail to recommend their petition for the favorable consideration of Her Majesty's Government. James Douglas, Governor. Victoria, Vancouveb's Ise., 5th February, 1859. To Mr. Speaker and Gentlemen of the House of Assembly: I have to acknowledge the receipt of your Speaker's communication of the 25th ultimo, containing the following resolution which passed the House on that day:— "That application be made to His Excellency the Governor for the following information, viz.: Has the Government of this Island the power to remove (by purchase) the Indians from that piece of land inside Victoria Harbour known as the " Indian Reservation " ? Should Government not have that power, may it please His Excellency to inform this House wherein the Government are powerless." (J. Yates.) In reply to the foregoing resolution, I have to observe that previously to the grant of Vancouver's Island to the Hudson's Bay Company the whole Island was vested in the Crown as part of its domain. When the settlement at Victoria was formed certain reservations were made in favour of the native tribes. 1st They were to be protected in their original right of fishing on the coast and in the bays of the Colony, and of hunting over all unoccupied Crown lands; and they were also to be secured in the enjoyment of their village sites and cultivated fields. Those rights have since been enjoyed in full, and the reserves of land covering their village sites and cultivated fields have all been distinctly marked on the maps and surveys of the Colony, and the faith of Government is pledged that their occupation shall not be disturbed. For that reason the Government will not cause them to be removed, because it is bound by the faith of a solemn engagement to protect them in the enjoyment of those agrarian rights. It may further interest the House to know that the title to those lands is vested in the Crown, and that the Indians of themselves can convey no title to any part of their reserves either by sale or lease. Correspondence Book 55 The presence of the Indians so near the town is a public inconvenience, but their violent removal would be neither just nor politic. I therefore propose as a remedy to enter into arrangements, with their consent, to subdivide the reserve adjacent to Victoria, and to let it out on leases to persons who will undertake to build and to make other improvements upon it, and to apply the whole proceeds of those leases to the general benefit of the Indians interested ; that is, by providing them with a school-house and Teacher, who win probably be a Missionary Clergyman, for the education of their children, and to endeavour thus to raise them morally and socially to a higher position than they now occupy in the Colony. By such means a great benefit, worthy of the philanthropy of our country, will be conferred upon the Indians themselves, while at the same time the improvement and Increase in the Town of Victoria will not be retarded by the unprofitable occupation of one of its most valuable portions. (Signed) James Douglas. This communication is placed here, having been overlooked for insertion in its proper place.—J. S. H. As a matter of fact this letter is printed on page 46.—E. O. S. S., Ed. House of Assembly, April 20th, 1859. The Speaker begs to acknowledge the receipt from the Governor and Council of— 1st. A Bill for the Passage of an Act respecting Marriages in the Colony of Vancouver's Island and its Dependencies. 2nd. A Bill for the Passage of an Act respecting the property of Religious Institutions in the Colony of Vancouver's Island and its Dependencies. 3rd. A Bill to provide for the Registration of Conveyances and other Deeds. These several Bills were duly laid before the House this day. J. S. Helmcken, Speaker. House of Assembly, April 20th, 1859. The Speaker has the honor to forward the enclosed "Bill to authorize the McAdamizing of certain Streets, the Erection of a I 5 Feb., 1859. Leasing of Indian Reserve. School-house and teacher- missionary. Marriages. Property of Religious Institutions. Registration of Deeds. Macadamizing of certain streets. 56 House of Assembly 20 Apr., 1859. i Game Bill. Improvement of Harbour. Capt. Richards' survey of Victoria Harbour. Bridge, and to provide Means for the Same," which passed the House this day, and ordered to be transmitted for the consideration of His Excellency the Governor and Council. J. S. Helmcken, Speaker. House of Assembly, April 20th, 1859. The Speaker begs to acknowledge the return of the "Bill to provide for the Passage of an Act for the Preservation of Game," with certain amendments inserted therein by the Governor and Council. The aforesaid amendments having been brought under the consideration of the House were agreed to this day. J. S. Helmcken, Speaker. House of Assembly, April 26th, 1859. The Speaker has the honor to inform His Excellency the Governor that the following Address passed the House of Assembly this day:— " That an Address be presented to His Excellency the Governor, praying that His Excellency will take into consideration the importance of having buoys laid down on the sunken rocks in Victoria Harbour, as they are extremely dangerous to shipping, and from the frequent occurrence of vessels getting aground upon these rocks, it has a tendency to impress upon the minds of shipmasters and others a very unfavourable opinion of the harbor." (Mr. Yates.) The House will meet again on Thursday, the 28th instant, at 11 o'clock a.m. (Signed) J. S. Helmcken, Speaker. Govebnment House, Victobia, Vancouveb's Island, 28th April, 1859. To the Speaker and Gentlemen of the House of Assembly: I have the honor of transmitting herewith for your information a copy of a report and of an elaborate survey of the Harbor of Victoria, kindly prepared at my request by George Henry Richards, Esquire, Captain of Her Majesty's surveying ship "Plumper," and I beg to call the attention of the House to the Valuable suggestions of that officer With respect to the Correspondence Book Of expediency of placing buoys and distinguishing marks on the Sleepers, and other rocks, which obstruct the passage, and endanger the safety of vessels entering and leaving this harbour. I have strongly to recommend that highly important measure to your favourable consideration, and that provision may be made by the House without delay for defraying the necessary expense of labor and material, which it is estimated will not much exceed the sum of £400 sterling. (Signed) James Douglas, Governor, Vancouver's Island. House of Assembly, April 28th, 1859. The Speaker has the honor to inform His Excellency the Governor that the following resolution passed the House of Assembly this day:— "That six hundred pounds having been voted last year out of the License Fund for the repairs of the road to Esquimau, His Excellency the Governor be respectfully requested to order the necessary repairs to be commenced without delay." (Mr. Skinner.) The House will meet again on Monday, May 2nd, at 11 o'clock a.m. (Signed) J. S. Helmcken, Speaker. House of Assembly, 4th May, 1859. The Speaker has the honour to acknowledge the receipt of a communication from His Excellency the Governor, accompanying a report and an elaborate survey of the Harbor of Victoria, prepared by George Henry Richards, Esquire, Captain of Her Majesty's surveying ship "Plumper." The report and survey having been laid before the House of Assembly will receive at an early day that attentive consideration which the importance of the subject demands. (Signed) J. S. Helmcken, Speaker. House of Assembly, May 4th, 1859. The Speaker has the honor to inform His Excellency the Governor that the following resolution was carried in the House of Assembly this day:— 28 Apr., 1859. Expenditure of £400 proposed. Repairs to. Esquimau Road. I .- tin jL m Survey of Victoria Harbour. 8 58 House of Assembly ■ft 4 May, 1859. Removal of Government offices. James Bay Bridge. Removal of Government Buildings. James Bay Bridge. No funds for improvement of Victoria Harbour. "That, as His Excellency the Governor has determined on removing some of the Government offices from a central position of the town to the south end of it, as well as having a bridge constructed 800 feet in length leading thereto, the erection of which and removal of Government offices has not been brought before the representatives of the people for their consent, therefore this House protests against the action adopted by His Excellency, and declares the same to be unconstitutional and a breach of privilege." (Mr. Yates.) The House will meet again on Tuesday, May 10th, at 11 o'clock a.m. (Signed) J. S. Helmcken, Speaker. House of Assembly, May 10th, 1859. The Speaker has the honor to acknowledge the receipt of a communication from His Excellency the Governor, dated the 7th instant, in reply to a resolution of the House forwarded to His Excellency on the 4th May, in reference to the removal of Government Buildings and the erection of a bridge across James' Bay. The House will go into a Committee of the Whole to take the same into consideration on Tuesday next, the 17th instant, at 11 o'clock a.m. (Signed) J. S. Helmcken, Speaker. House of Assembly, May 16th, 1859. The Speaker has the honor to inform His Excellency the Governor that the House this day went into Committee of Ways and Means, and reported the following answer to His Excellency's requisition for £400 for the purpose of buoying Victoria Harbour, dated 28th April, 1859 :-— " In reply to Your Excellency's requisition for £400 for the purpose of buoying Victoria Harbour, the House begs respectfully to inform Your Excellency that they have no funds, but strongly recommend the execution of the same." The House adopted the report of the Committee. (Signed) J. S. Helmcken, Speaker. \\-im.KSm. J>«K»!!BUUJJWf«!U JWHiiaUUUHJUtllW """@en, "Other Copies: http://www.worldcat.org/oclc/18597466"@en ; edm:hasType "Correspondence"@en ; dcterms:identifier "I-1643"@en ; edm:isShownAt "10.14288/1.0221987"@en ; dcterms:language "English"@en ; edm:provider "Vancouver : University of British Columbia Library"@en ; dcterms:publisher "Victoria : William H. Cullin"@en ; dcterms:rights "Images provided for research and reference use only. For permission to publish, copy, or otherwise distribute these images please contact digital.initiatives@ubc.ca."@en ; dcterms:source "Original Format: Greater Victoria Public Library. 328.7112 VAN"@en ; dcterms:subject "Vancouver Island (B.C.)--Politics and government"@en ; dcterms:title "House of Assembly correspondence book. August 12th, 1856, to July 6th, 1859"@en ; dcterms:type "Text"@en .