Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Frederick to Grenville, Richard 29 April 1868, CO 60:32, no. 6273, 210.
Abstract
Despatch to London.
Minutes (4), Enclosures (untranscribed) (1), Other documents (1).
Seymour transmits a confidential letter from British Columbia’s attorney general, which is related to Wallace and Wallace’s financial difficulties, resulting from the jurisdiction conflict between Needham and Begbie. Regarding the proposed bill in Buckingham’s despatch from 13 November 1867, Seymour states that
the essentialelements of the bill were passed but
local detailswill need to be determined with
the Council.Holland’s minute discusses the actions of British Columbia’s attorney general and Seymour in implementing the bill the law officers approved for rectifying the jurisdictional conflict between Needham and Begbie. Holland’s later minute discusses how to respond to Seymour’s despatch and why Seymour, the attorney general, and the judges are hostile to the proposed bill. Rogers’s minute provides
an additionto Holland’s suggested reply to Seymour’s despatch. The included document argues against the proposed bill for rectifying the jurisdictional conflict.
Confidential
New Westminster
29th April 1868
My Lord Duke,
With reference to my despatch No. 34 of this date on the subject
of the hardship to which Mr Wallace, a bankrupt, has been
put by the conflict of Jurisdictionbetween
between Messrs Justice
Begbie and Needham, I have the honor to forward a Confidential
letter from the Attorney General on the subject.
between Messrs Justice
Begbie and Needham, I have the honor to forward a Confidential
letter from the Attorney General on the subject.
2. I understood that the Bill transmitted in Your Grace's
despatch No. 81 of 13th November 1867, was so sent more as a
guide than as a command. There were portions of it which I
could not have carried without coercion, soI
I separated the
essential and had that passed. The mere local details I have
left to be dealt with by the Council intending to reserve the
Bill for Your Grace's consideration.
I separated the
essential and had that passed. The mere local details I have
left to be dealt with by the Council intending to reserve the
Bill for Your Grace's consideration.
Minutes by CO staff
Sir F. Rogers
If the Attorney General instead of persistently raising objections to the plan decided upon by the Home Govt would turn his mind to removing some of them by introducing clauses into the draft Ordinance which was sanctioned by the Law Officers, he would in my humble opinion be doing a better service to the Colony than by setting himself & the Governor against
the plan, which no doubt is open to objections, but
which it was considered was the only one that could be adopted
with a fair regard to vested interests.
If the Attorney General instead of persistently raising objections to the plan decided upon by the Home Govt would turn his mind to removing some of them by introducing clauses into the draft Ordinance which was sanctioned by the Law Officers, he would in my humble opinion be doing a better service to the Colony than by setting himself & the Governor against
the plan, which no doubt is open to objections, but
which it was considered was the only one that could be adopted
with a fair regard to vested interests.
See minute on 6295.
HTH
19/6
Acknowledge confidentially and refer to HG public despatch of
the [blank] as containing HG views on the subject (See 6295).
I should be disposed to add that the difficulty in dealing with
this case has been considerably increased owing to the fact that
an erroneous view of the effect of the Imperial Act was so
strongly entertained at first in the Colony; & it is to this
fact that HG is inclined to attribute, in part, the continued
opposition of the Judges & Attorney General to the proposed
measure. That HG is fully aware of the objections which have
been & may be urged against the measure, but most of such
objections can be & ought to be removed by legislation, and HG
expects that the A. General will apply himself to meet these &
other objections by inserting clauses in the Ordinance as it
passes through the Legislature, or by an amending Ordinance.
HTH
19/6
I have suggested an addition to the answer to 6295 in the spirit
of Mr Holland's parag—and I think
I would here add that HG
does not doubt that the Atty General will have exerted
himself to insert in the bill during its passage thro' the
Legislature clauses calculated either to remove the
inconveniences wh he anticipates or to mitigate them as far
as the circumstances of B.C. render such mitigation practical.
I would here add that HG
does not doubt that the Atty General will have exerted
himself to insert in the bill during its passage thro' the
Legislature clauses calculated either to remove the
inconveniences wh he anticipates or to mitigate them as far
as the circumstances of B.C. render such mitigation practical.
Documents enclosed with the main document (not transcribed)
H.P.P. Crease, Attorney General, to Seymour, 6 April 1868,
forwarding a precis statement of the Wallace-Nicholson case
(not on microfilm) and arguing against the proposed bill.
Other documents included in the file
Draft reply, Buckingham to Seymour, Confidential, 26 June 1868 discussing the reasons for the resistance against the “proposed measure” to rectify
the jurisdiction conflicts and the confidence Buckingham has that British Columbia’s attorney general took steps to “remove [any] inconveniences” in the proposed ordinance
(concluding page not on microfilm).