Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Frederick to Grenville, Richard 12 May 1868, CO 60:32, no. 6952, 366.
Abstract
Despatch to London.
Minutes (3), Enclosures (untranscribed) (3), Other documents (1), Marginalia (1).
Seymour discusses why the ordinance
on the subject of the Laws relating to Gold Mining inBritish Columbia should not be amended to allow
an appeal from the verdict of a Jury in cases above a certain amount,and Seymour states that the legislative council
was against the right right of appeal being granted.In his discussion, Seymour refers to the disturbance in the Cariboo during 1867. Seymour recommends the approval of the gold mining ordinance without any amendments. Holland’s minute discusses why British Columbia’s attorney general
protested againstthe ordinance and recommends sanctioning the ordinance without an amendment. Included documents comment on the ordinance regarding gold mining in British Columbia.
No. 43
New Westminster
12th May 1868
My Lord Duke,
I have had the honor to receive your Grace's despatch No. 73 of
the 6th of November 1867 on the subject of the Laws relating to
Gold Mining in this Colony.
2. Your Grace requiresmy
my opinion as to whether an amendment of
the present Ordinance allowing an appeal from the verdict of a
Jury in cases above a certain amount would in my opinion be
desirable and whether such an amendment would be likely to
meet with the assent of the Legislative Council.
my opinion as to whether an amendment of
the present Ordinance allowing an appeal from the verdict of a
Jury in cases above a certain amount would in my opinion be
desirable and whether such an amendment would be likely to
meet with the assent of the Legislative Council.
2. [sic] It will be seen from the report of the Attorney
General that the question was fullyconsidered
considered during the recent
Session [of] the Council and that the decision was against the right
right of appeal being granted.
considered during the recent
Session [of] the Council and that the decision was against the right
right of appeal being granted.
3. I agree in opinion with the Council and am supported by
Mr Brew, the present Gold Commissioner of Cariboo, and by
Mr O'Reilly the Senior Gold Commissioner of the Colony.
Mr Ball whom I moved from Cariboo during the Grouse Creek
disturbances, undercircumstances
circumstances detailed in my despatch as
noted in the margin,
differs, but he has had but little experience in the mining districts,
and besides has not yet got to look with perfect calmness on the
events which signalized his short administration of affairs at
our principal Gold mine.
circumstances detailed in my despatch as
noted in the margin,
4. Being totally without material force at Cariboo, it became
necessary for me tomake
make the best I could of my position, but I
am convinced that an appeal to Mr Begbie, in the ordinary
course of things would not have settled the dispute, or his
decision have been obeyed by the Company, to which it happened
to be adverse. I look upon it as a fortunate circumstance that
Mr Begbie declined to rehear the case. The riot was verging
on Rebellion, if it had notalready
already crossed the line.
make the best I could of my position, but I
am convinced that an appeal to Mr Begbie, in the ordinary
course of things would not have settled the dispute, or his
decision have been obeyed by the Company, to which it happened
to be adverse. I look upon it as a fortunate circumstance that
Mr Begbie declined to rehear the case. The riot was verging
on Rebellion, if it had notalready
already crossed the line.
5. I venture to recommend to Your Grace, for approval the
Ordinance as it now stands. The less we interfere with the
Legislation affecting the Cariboo, the better. I cannot, after
my experience of last year, divest myself of a certain amount of
nervousness in regard to the Government of a large mining
population upwards of five hundredmiles
miles from the Sea.
miles from the Sea.
Minutes by CO staff
Sir F. Rogers
When the Mining Ordinance was transmitted last year the Attorney General protested against a clause which took away appeals in certain cases, & he pressed for disallowance or alteration of the Act. The Govr in the then excited state of Cariboo "hardly ventured to recommend it for allowance" (see 10372).
When the Mining Ordinance was transmitted last year the Attorney General protested against a clause which took away appeals in certain cases, & he pressed for disallowance or alteration of the Act. The Govr in the then excited state of Cariboo "hardly ventured to recommend it for allowance" (see 10372).
The question has been fully reconsidered by the Council who have
adopted the views of the Gold Miners & the Govr now
recommends that the Act should
be allowed. In that opinion I
concur, & wd sanction the Ordinance.
be allowed. In that opinion I
concur, & wd sanction the Ordinance.
HTH
4/7
Documents enclosed with the main document (not transcribed)
Minute, H.P.P. Crease, Attorney General, 5 May 1868, commenting
on the Gold Mining Ordinance of 1867.
Special Committee for Assimilation of the Laws to Seymour,
commenting on the ordinance as noted above, 14 February 1867.
Special Committee for Assimilation of the Laws to Seymour,
second report commenting on an amended version of the ordinance,
17 February 1867.
Other documents included in the file
Draft reply, Buckingham to Seymour, No. 49, 14 July 1868 conveying “Her Majesty's gracious Confirmation and allowance of the British Columbia
Ordinance No. 34 of 1867, entitled, "An Ordinance to amend the Laws relating to Gold Mining."”