Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Frederick to Grenville, Richard 26 August 1868, CO 60:33, no. 11069, 354.
Abstract
Despatch to London.
Minutes (4), Enclosures (untranscribed) (3), Other documents (1).
Seymour describes how British Columbia’s Legislative Council responded to the Colonial Office’s draft ordinance regarding solving British Columbia’s unique issue of having two supreme courts and two chief justices. Seymour forwards the Legislative Council’s proposed bill for solving British Columbia’s judicial problem and Crease’s report on the bill. Robinson’s minute summarizes British Columbia’s Legislative Council’s bill and notes that the Colonial Office’s
Sketch of an Ordinance respg the Supreme Court…was rejected after 2 days debate.Rogers’s minute discusses the conditions that would allow Buckingham to submit the bill for the Queen’s approval, particularly focusing on the circumstances of Needham and Begbie. Minutes by Adderley and Buckingham discuss the difficulty of finding a new position for chief justice.
No. 107
New Westminster
26th August 1868
My Lord Duke,
I have had the honor to receive Your Grace's despatch No. 40 of
the 26th June, on the subject of the opposition exhibitedby
by
the Legislative Council to the Draft Ordinance which was
transmitted to me in Your Grace's despatch No. 81 of 13th
Novr 1867.
by
the Legislative Council to the Draft Ordinance which was
transmitted to me in Your Grace's despatch No. 81 of 13th
Novr 1867.
2. Though I anticipated, as now informed by Your Grace, that
the Draft was sent for our assistance and that it was not Your
desire to preclude the Government and Legislature from adopting
any other mode of dealing with existing anomalies yetI
I caused
it to be introduced to the Council as a Government measure.
Most of the Public Officers requested me to
command them to vote for it, if it was to be carried, and unofficial
members begged me not to enforce the Bill. As stated in the
Minute I enclose, by the Acting Colonial Secretary, I might
possibly have got the Bill through by force, but I anticipated
Your Grace'swishes
wishes and did not exert a pressure which would
virtually have changed the Legislative Constitution of the
Colony. I consented to amendments and, yielding by degrees,
finally allowed the Bill to be defeated, and another Bill
passed. That one I have now the honor to forward. It will
receive Your Grace's consideration as solving (in local belief)
in a manner, the difficulty now existing.
I caused
it to be introduced to the Council as a Government measure.
Most of the Public Officers requested me to
command them to vote for it, if it was to be carried, and unofficial
members begged me not to enforce the Bill. As stated in the
Minute I enclose, by the Acting Colonial Secretary, I might
possibly have got the Bill through by force, but I anticipated
Your Grace'swishes
wishes and did not exert a pressure which would
virtually have changed the Legislative Constitution of the
Colony. I consented to amendments and, yielding by degrees,
finally allowed the Bill to be defeated, and another Bill
passed. That one I have now the honor to forward. It will
receive Your Grace's consideration as solving (in local belief)
in a manner, the difficulty now existing.
3. It will be satisfactoryto
to Your Grace to hear that during
the summer, when Mr Chief Justice Begbie is on circuit in
the Interior, there is not much inconvenience in the present
state of things. Early in the winter I shall call the
Legislature together and finally settle the matter, if it be
not finally settled in the mean time by Your Grace's approval of
the Bill I enclose.
to Your Grace to hear that during
the summer, when Mr Chief Justice Begbie is on circuit in
the Interior, there is not much inconvenience in the present
state of things. Early in the winter I shall call the
Legislature together and finally settle the matter, if it be
not finally settled in the mean time by Your Grace's approval of
the Bill I enclose.
4. The Extreme illness of the Attorney General mustbe
be my
excuse for the delay which has occurred in transmitting this
Bill. He has resumed his official duties this week.
be my
excuse for the delay which has occurred in transmitting this
Bill. He has resumed his official duties this week.
5. I enclose copy of the Bill adopted by the Council and of the
Attorney General's Report upon it. I confess it does not
entirely satisfy me. It seems to invade the perogative of the
Governor and to Legislate in more detail than is required.
6. I need not say that whatever Your Grace's wishesmay
may be they
shall be carried out in the next Session of the Council.
may be they
shall be carried out in the next Session of the Council.
Minutes by CO staff
Sir F. Rogers
See 11070 & 11071.
See 11070 & 11071.
The Sketch of an Ordinance respg the Supreme Court which was
sent from home was rejected after 2 days debate.
This Ordinance provides for a Supreme Court,
only one Chief Justice, & one or more Puisne Judges, &c &c.
WR
13 Oct
This Act simply establishes a Supreme Court with a Chief &
Puisne Judge as if Mr Needham & Mr Begbie did not exist. And
this they do on the expectation that the Home Govt from its
"wide spread patronage" will provide for one of the Judges.
Of course if the Duke of Buckingham can & will provide for one
of their Judges in a manner with wh that Judge
will be
satisfied, the Act wh seems a perfectly good one abstractedly—may
be assented to by the Queen—subject at least to a reference
to the Council Office as to the appeal to Privy Council, & to
the observation that Rules of Court need not be sent home for
the approval of the Crown in this country (SS XI).
will be
satisfied, the Act wh seems a perfectly good one abstractedly—may
be assented to by the Queen—subject at least to a reference
to the Council Office as to the appeal to Privy Council, & to
the observation that Rules of Court need not be sent home for
the approval of the Crown in this country (SS XI).
But if HG has not the means of removing Mr Needham or Mr
Begbie, then I think the proper answer is that H.G. has perused this
Ordinance, but that it is impossible for him to submit it for
HM's approval inasmuch as it contemplates a Supreme Court
comprised of a Chief Justice & Puisne Judge & is therefore
inapplicable
to the existing state of things in B. Columbia in
which unfortunately there exist at present two Chief Justices.
to the existing state of things in B. Columbia in
which unfortunately there exist at present two Chief Justices.
As to their arguments—the state of things is of course
inconvenient. But if they had any disposition to make the best
of it, there could not have been any real difficulty in
accepting the sketch ordinance making additional provisions when
their local knowledge disclosed a defect & in particular
providing that the authority of each Court (the writs &c) shd
run throughout the whole Colony—wh ought, I agree, to have
been explicitly laid down in the sketch.
But the fact is they want to force the Home Govt to remove
the evil by refusing any proposal
for its effectual mitigation.
for its effectual mitigation.
They are obliged however by mere force of inconvenience to
pass Act No. 3 (11070 herewith).
FR
16/10
The rejection of this Ordce shows very imperfect Crown
Governt. Probably the removal of one CJ, even by
promotion, would be difficult. I fear Sir F's 2nd Draft ansr
is the only one.
CBA
19/10
The question of removal of the judge to another appointment
rests much with the judge himself. I offered Mr Needham a
transfer which his [peers?] in England thought he should accept
but on telegraphing to him he declined to accept, although
complaining much of his position & irregular & uncertain salary.
B&C
22/10
Documents enclosed with the main document (not transcribed)
Copy of Supreme Courts Ordinance 1868 not on microfilm.
W.A.G. Young, Colonial Secretary, to Seymour, 31 July 1868,
regarding Council's opposition to Buckingham's sketch ordinance.
H.P.P. Crease, Attorney General, to Seymour, 25 August 1868,
explaining why Council had rejected the sketch ordinance.
Other documents included in the file
Draft reply, Buckingham to Seymour, No. 94, 26 October 1868 rejecting the proposed ordinance “entitled An Ordinance "to establish a Supreme Court
of Justice in the Colony of British Columbia,"” which contemplated “a Supreme Court composed of a Chief Justice and [a] Puisne
Judge."