Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Phillimore, Robert to Carnarvon, Earl 27 July 1866, CO 60:26, no. 7187, 86.
Abstract
Phillimore, Robert to Carnarvon, Earl 27 July 1866, CO 60:26, no. 7187, 86.
Public Offices document.
Minutes (3), Other documents (1).
Phillimore to Carnarvon
Doctors Commons
July 27th 1866
My Lord,
I am honoured with Your Lordship's commands as
signified in Sir Frederic Rogers's letter of the 23rd
instant, stating that with reference to my letter of the
4th of October last on the subject of the Marriage Ordinance
passed by the Legislature of British Columbia, he was
directed by Your Lordship to transmit to me a copy of a
Despatch which Your Lordship's Predecessor addressed to the
Governor of the Colony, together with a copy ofa
a
Confidential Report of the local Attorney General on the
questions raised in that despatch. And Sir Frederic Rogers
was to request that I would furnish Your Lordship with my
opinion whether the explanation afforded by the Attorney
General of British Columbia removes any doubts I may have
entertained as to the propriety of submitting the
Ordinance for Her Majesty's confirmation.
a
Confidential Report of the local Attorney General on the
questions raised in that despatch. And Sir Frederic Rogers
was to request that I would furnish Your Lordship with my
opinion whether the explanation afforded by the Attorney
General of British Columbia removes any doubts I may have
entertained as to the propriety of submitting the
Ordinance for Her Majesty's confirmation.
In obedience to Your Lordship's commands, I have the
honour to Report,
That it appears from the opinion of the
Attorney General ofColumbia that the difficultywhich
which I
had felt about the operation of this Act on the Indian
community has been generally considered by the Columbian
Authorities, and though the question raised in my former
report, as to the operation of the 17th Section on
Indian Marriages, is not perhaps directly answered, I
think it does appear that the Act will be beneficial on the
whole to Columbia, and that the special difficulty as to
the Indian Marriages cannot be immediately and completely
overcome by any legislation, while there is a reasonable
prospect thateventually
eventually such Marriages will be brought within
the reach of the provisions of this Act.
which I
had felt about the operation of this Act on the Indian
community has been generally considered by the Columbian
Authorities, and though the question raised in my former
report, as to the operation of the 17th Section on
Indian Marriages, is not perhaps directly answered, I
think it does appear that the Act will be beneficial on the
whole to Columbia, and that the special difficulty as to
the Indian Marriages cannot be immediately and completely
overcome by any legislation, while there is a reasonable
prospect thateventually
eventually such Marriages will be brought within
the reach of the provisions of this Act.
Minutes by CO staff
The Queens advocate is satisfied—& I do not think any objection
is worth insisting upon—therefore I wd sanction the Ordce.
FR
31/7
There is a risk — as expressed in Sir F. Rogers
previous min — in not requiring the registration of
places of worship where marriages may be solemnized that
there may be insufficient notice & record of the
ceremony. There is also I suppose under the
circumstances of B. Columbia risk, in requiring too
much in respect of the licensing of such places, that
marriages will not be solemnized at all.
The Ordinance is clearly imperfect on this point &
I sd have been glad if some additional precaution
cd have been taken. But I suppose under the
difficulties of the case we must accept it as it stands.
C
4 Aug
