Despatch to London.
Minutes (3), Other documents (2), Marginalia (2).
No. 2
1st January 1870
Early in 1868
In Sepr 1867?
my predecessor Mr Seymour applied for authority
which was accorded him, to appoint two unofficial members of the
Executive Council, and on the opening of the last Session of the
Legislature at the end ofthe the year he intimated to them his
intention to make such appointments; but for some unexplained
reason they were never made.
2. I observe that the authority has been continued in the Royal
Instructions accompanying my Commission, and I think it very
desirable to have the assistance in the Council of two Members
who are not paid servants of the Crown, particularly withrespect
respect to the question of the Union of this Colony with the
Dominion of Canada which must become a prominent subject for
discussion during the ensuing Session.
3. I have therefore appointed, provisionally and until Her
Majesty's pleasure shall be known, the Honble John
Sebastian Helmcken, and William Weir Carrall to be Members of
the Executive Council. Mr Helmcken isperhaps perhaps the oldest and
most influential among the Members of the Legislature for
Vancouver's Island, being selected by the District of Victoria;
and Mr Carrall is the representative of the Mining District of
Cariboo looked upon as the most important on the Mainland, and I
regard him as being in other respects the most eligible Member
to represent that section ofthe the Colony.
I have the honor to be
My Lord,
Your most obedient
humble Servant A. Musgrave
Sir F. Rogers
According to
the Circular of 30 Sept 1869, I think these appointments to the
Executive Council should be made by Warrant. The Warrant might
be in the form which I send on herewith.
With reference to your Minute on 10904 I am inclined to think
that this form of Warrant would secure what is desired.
The Instructions (clause IV) require that the person to be
appointed must be a Member of the Legislative Council, & direct
that if from any cause (wh: would, I apprehend, cover the
case of a dissolution) he cease to be a Member of the
Legislative Council (as he would in the case of a Dissolution)
he shall thereupon cease to be an Executive Councillor.
When he has once ceased to be such Member of the Executive
Council he would not, because re-elected a Legislative
Councillor, be necessarily an Executive Councillor. He would
have to be re-appointed.
Granville to Lord President of the Council, 21 February 1870,
asking that the two names be submitted to the Queen in Council
for approval of their appointment to the Executive Council.