Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Philimore, Robert to Cardwell, Edward 4 October 1865, CO 60:23, no. 9598, 109.
Abstract
Philimore, Robert to Cardwell, Edward 4 October 1865, CO 60:23, no. 9598, 109.
Public Offices document.
Minutes (2), Other documents (1).
Phillimore to Cardwell
Doctors Commons
4th October 1865
Sir,
I am honoured with Your commands, signified in Sir F.
Rogers' Letter of the 27th Ultimo, stating that he was
directed to transmit to me an Ordinance passed by the
Legislature of British Columbia entitled "No 21—An
Ordinance respecting Marriages in British Columbia,"
together with the local Attorney General's Report thereon;
and Sir F. Rogers was pleased to request that Iwould
would
furnish you with my opinion, whether this Ordinance may
properly be confirmed by Her Majesty.
would
furnish you with my opinion, whether this Ordinance may
properly be confirmed by Her Majesty.
In obedience to Your commands, I have taken these papers
into consideration, and have the honour to Report,
That in the opinion of the Attorney General of
Columbia it is stated that there is "a large Indian Community
in this Colony." The Act speaks of "Ministers" and "Religious
denominations," and expressly excludes from its operations Jews
and Quakers. I am notsure
sure whether it is intended to include
Indians within the provisions of this Statute, and to permit
them to be married before the Registrar. But such would I
think be the effect of the Statute.
sure whether it is intended to include
Indians within the provisions of this Statute, and to permit
them to be married before the Registrar. But such would I
think be the effect of the Statute.
Looking to the 17th Clause, it is difficult to say
that the effect of this Statute would not be to render
invalid for the future all Marriages celebrated by Native
Indians among themselves. I think it would be expedient to
ascertain whether this point has been considered by the
Legislature of Columbia before the Act be confirmed by Her Majesty.
Minutes by CO staff
I wd write that before submitting this Act for HM's confn
Mr C. wd be glad to learn what is its intended effect upon
the Indian population some of whom appear to be under Christian
teaching—and that Mr C. wd suggest that this
Act shd be made clear in this respect. Also
(I think, though the QA does not suggest it) that the Lr shd
be invited to consider whether it will not be difficult to secure
any efficient notice of marriage beforehand or any proper record
subsequently, if they may be celebrated and the banns published in
any place calling itself a place of worship and whether therefore
it wd not be wise to require that these ceremonies shd take
place in some place of worship licensed for the celebration of marriages.
