Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Frederick to Grenville, Richard 6 August 1868, CO 60:33, no. 9935, 221.
Abstract
Despatch to London.
Minutes (7), Enclosures (untranscribed) (2), Other documents (1).
Seymour forwards a bill from the legislative council
entitled…An Ordinance to Incorporate the Society of the Sisters of Saint Ann, of the City of Victoria, in the Colony of British Columbia, for Educational Purposesand the attorney general’s report on the ordinance. Seymour discusses his response to the proposed bill and why there was a
delay in transmittingthe bill. Holland’s minutes recommend against sanctioning the bill, suggest how to respond to Seymour regarding Seymour’s actions, and discuss a similar situation that occurred in Upper Canada in 1828. Minutes by Buckingham and Holland discuss the ordinance that allowed the incorporation of
an Israelite Congregation namedorThe Emmanuel of Victoria Vancouver Island,
the Society Emmanuel in Victoria,and the ordinance’s impact for the incorporation of
the Society of the Sisters of Saint Ann.
No. 94
Victoria
6th August 1868
My Lord Duke,
I have the honor to forward copy of a Bill sent up to me by the
Legislative Council during its last Session entitled:
No.
No. [blank]. An Ordinance to Incorporate the Board of Trade of the Sisters
of Saint Ann, of the City of Victoria, in the Colony of British
Columbia, for Educational Purposes.
No. [blank]. An Ordinance to Incorporate the Board of Trade of the Sisters
of Saint Ann, of the City of Victoria, in the Colony of British
Columbia, for Educational Purposes.
2. I add the report of the Attorney General. Agreeing in the
objections taken by him to the proposed measure, but unwilling
to deprive the excellent ladies referred to of any chance they
might have of IncorporationI
I did not disallow the Bill, but, as
it appears, assumed a power I do not possess. I reserved it for
the signification of Her Majesty's pleasure.
I did not disallow the Bill, but, as
it appears, assumed a power I do not possess. I reserved it for
the signification of Her Majesty's pleasure.
3. The cause of delay in transmitting this Bill has been the
illness of the Attorney General. No injury to any one has
however been caused by this delay.
Minutes by CO staff
Mr Elliot
I think the reasons urged against this Bill by the AG are good, & that the Govr should be informed that HG does not feel himself at liberty to advise HM to allow the Bill to become Law.
I think the reasons urged against this Bill by the AG are good, & that the Govr should be informed that HG does not feel himself at liberty to advise HM to allow the Bill to become Law.
Point out to the Govr that instead of reserving the Bill he
should have refused to assent to it unless a suspendg clause
was inserted. (There is a confidl despatch 9941 upon this
question of reservation.)
HTH
11/9
There is an allusion in the AGs report to Upper Canada. I have
caused an inquiry to be made, & no record of any similar
proceedg is to be found except that in 1828 a petition was
transmitted for Incorporatg by Charter the R. Catholic
Bishop & others & the answer returned was that the Secy of
State did not feel himself at liberty to advise HM to comply with
the prayer of the petition. (U. Can. Vol. 3. p. 270.)
What are the circumstances as to the Board of Trade Emmanuel in
Victoria referred to by the A. Gen.?
B&C
14/9
Duke of Buckingham
The Ordinance referred to in your minute was sent over without comment & sanctioned without comment by O. in Council in 1864—(11921/64 V. Island).
The Ordinance referred to in your minute was sent over without comment & sanctioned without comment by O. in Council in 1864—(11921/64 V. Island).
It incorporated an Israelite Congregation named "The Emmanuel of
Victoria Vancouver Island."
Practically the powers given by that Ordinance & the one under
consideration are much the same.
The Emmanuel Corporation were empowered to purchase & hold any
land &c which may be "necessary & proper" for carryg out the
objects of the Body Corporate or which may be granted to the
Corporation in manner by law prescribed. They might also
frame articles of constitution, a copy of which was to be
deposited with the Col. Secretary.
If the incorporation is to be allowed, a fresh ordinance should
be introduced, as HM cannot assent to a bill wrongly
reserved—with a suspending clause; and it might be well to
discuss an amendment to be made to meet the objection pointed
out by the AG in the 13th paragraph of his Report, and
further to require that a copy of the existing articles of
constitution & of all rules & regulations made by virtue of the
Ordinance should be lodged with the Colonial Secretary, the
former within [blank] days after the passing of the Act, the latter
within [blank] days after their being made.
HTH
16/9
Mr Robinson
The Govr wrongly reserved this Bill instead of assenting to it. I think the proper way to carry out HG's decision will be to inform the Govr by Despatch that HG considers the Ordinance objectionable for the reasons stated by the A.G. & [remainder cut off microfilm].
The Govr wrongly reserved this Bill instead of assenting to it. I think the proper way to carry out HG's decision will be to inform the Govr by Despatch that HG considers the Ordinance objectionable for the reasons stated by the A.G. & [remainder cut off microfilm].
Documents enclosed with the main document (not transcribed)
Three printed copies of ordinance not on microfilm.
H.P.P. Crease, Attorney General, to Seymour, 4 August 1868,
reporting negatively on the ordinance as per despatch.
Other documents included in the file
Draft reply, Buckingham to Seymour, No. 79, 25 September 1868 informing Seymour that an
Ordinance to incorporate the Society of the Sisters of St. Ann of the City of Victoria, in the Colony of British Columbia, for Educational purposesis disallowed
for the reasons stated by the Attorney General.