Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, James to Pelham-Clinton, Henry Pelham Fiennes 8 February 1861, CO 305:17, no. 3646, 66.
Abstract
Despatch to London.
Minutes (10), Enclosures (untranscribed) (1), Marginalia (1).
This document contains mentions of Indigenous Peoples. The authors of these documents
often perpetuate a negative perspective of Indigenous Peoples and it is important
to look critically at these mentions. They sometimes use terminology that is now considered
hurtful and offensive. To learn more about modern terminology pertaining to Indigenous
Peoples, Indigenous ways of knowing, and decolonization, please refer to the Glossary of terms.
Douglas forwards Newcastle copies of, and justification for, seven acts passed by the
Legislature of Vancouver's Islandin 1860: No. 1
An Act for the payment of certain Salaries…; No. 2
An Act to apply the sum of £3207.14.1 out of the General Revenue to defray the Expenses of Departments for the Service of the Year 1860; No. 3
An Act to apply the sum of £9364 out of the General Revenue of the Colony of Vancouver Island and its Dependencies to the Service of the Year 1860; No. 4
An Act to impose certain duties in respect of certain Trades and Occupations; No. 5
An Act to provide for the repair improvement and regulation of Roads in Vancouver Island and its Dependencies; No. 6
An Act to levy an Annual Tax of £1 per centum on the value of all Real Estate in the Colony of Vancouver Island and its Dependencies; and No. 7
An Act to amend the Scale of Fees charged for the entrance and clearance of Vessels; Licences to Boats, Scows and other Craft; and dues for Landing Permits, as well as other matters relating to the same, in the Port of Victoria, including Esquimalt.The lengthy minutes seem to indicate that the Colonial Office did not receive this despatch until 1863, at which point Newcastle wrote:
It is obviously the best course to take no further notice of these Acts.
No. 13, Legislative
8 February 1861
I have the honour of transmitting herewith, Copies of the following
Acts, which have been duly passed by theLegislature
Legislature of Vancouver's Island, and are now submitted for Her Majesty's approval.
No 1 An Act for the payment of certain Salaries…£3200.
No 2 An Act to apply the sum of £3207.14.1 out of the General
Revenue to defray the Expenses of Departments for the Service of the
Year 1860.
No 3 An Act to apply the sum of £9364 out of the GeneralRevenue
Revenue of the Colony of Vancouver Island and its Dependencies to the
Service of the Year 1860.
No 4 An Act to impose certain duties in respect of certain
Trades and Occupations.
No 5 An Act to provide for the repair improvement and
regulation of Roads in Vancouver Island and its Dependencies.
No 6 An Act to levy an Annual Tax of £1 per centum on the
value of all Real Estate in the Colony of Vancouver Island and its
Dependencies.
No 7
No 7 An Act to amend the Scale of Fees charged for the
entrance and clearance of Vessels; Licences to Boats, Scows and other
Craft; and dues for Landing Permits, as well as other matters
relating to the same, in the Port of Victoria, including Esquimalt.
Legislature of Vancouver's Island, and are now submitted for Her Majesty's approval.
No 1 An Act for the payment of certain Salaries…£3200.
No 2 An Act to apply the sum of £3207.14.1 out of the General
Revenue to defray the Expenses of Departments for the Service of the
Year 1860.
No 3 An Act to apply the sum of £9364 out of the GeneralRevenue
Revenue of the Colony of Vancouver Island and its Dependencies to the
Service of the Year 1860.
No 4 An Act to impose certain duties in respect of certain
Trades and Occupations.
No 5 An Act to provide for the repair improvement and
regulation of Roads in Vancouver Island and its Dependencies.
No 6 An Act to levy an Annual Tax of £1 per centum on the
value of all Real Estate in the Colony of Vancouver Island and its
Dependencies.
No 7
No 7 An Act to amend the Scale of Fees charged for the
entrance and clearance of Vessels; Licences to Boats, Scows and other
Craft; and dues for Landing Permits, as well as other matters
relating to the same, in the Port of Victoria, including Esquimalt.
2. The first three Acts, numbered 1, 2, and 3, are Bills of Supply,
setting forth the sums voted for the Service of the Year 1860,and
and
need no remark, as they explain themselves. Neither does it appear
that those numbered 4, 6, and 7 require explanation, as they merely
impose certain taxes in addition to previously existing sources of
revenue to form the sums granted for the year. The Real Estate Tax
Act, No 6, is objectionable in some of its features, especially that
provision which imposes an ad valorem duty on improvementswhich
which is really a tax on enterprise, increasing in the exact ratio of
expenditure on works whether of utility or luxury. I fear it will
have a direct influence in checking the introduction and investment
of capital; operating with fatal effect on the sources of revenue,
and restraining their natural growth and expansion. It is however one
of thoseEvils
Evils for which it is difficult to find a remedy, as the
omission of the objectionable provision would render a prolific tax
comparatively unproductive, and leave a deficit of revenue to meet
the expenditure. We shall however, endeavour to amend the Act next
Session.
and
need no remark, as they explain themselves. Neither does it appear
that those numbered 4, 6, and 7 require explanation, as they merely
impose certain taxes in addition to previously existing sources of
revenue to form the sums granted for the year. The Real Estate Tax
Act, No 6, is objectionable in some of its features, especially that
provision which imposes an ad valorem duty on improvementswhich
Agricultural improvements are excepted.
Evils for which it is difficult to find a remedy, as the
omission of the objectionable provision would render a prolific tax
comparatively unproductive, and leave a deficit of revenue to meet
the expenditure. We shall however, endeavour to amend the Act next
Session.
3. The Road Act, No 5, is peculiar in its provisions, but is
perhaps the only system thatcan
can be worked to advantage in the present condition of this Colony.
can be worked to advantage in the present condition of this Colony.
I have etc.
Minutes by CO staff
See 3649/61.
TFE
20/4
Vide Minute on 4322 V.C.I.
These despatches relate to the Acts of the VanCouver Island
Legislature of the Session of 1861—which have been so long away from
us. The Acts have been reported on by Sir F. Rogers. I do not see
that the Duke of Newcastle has formally signified his concurrence in
Sir F. Rogers' opinions thereon. Considering the lapse of time we
had better proceed as if the Duke had approved—asking for His
Grace's approval when the drafts are submitted to him.
It is very important to make a note of such papers—& minutes as
relate to the exchange of the Crown Revenues for a Civil List in V.C.
Isld, as this will probably form a subject for conversation &
arrangement with
the new Governor.
the new Governor.
ABd
17 Apl/63
Mr Fortescue
These acts have been so long without action that it becomes a fresh question what shd be done with them.
These acts have been so long without action that it becomes a fresh question what shd be done with them.
No 1 or 19 gives the following Salaries
Governor 800£
C. Justice 800
Col Secy 500
Treas 400
Surveyor Gen. 400
Atty G. 300 to take effect so soon as the Land Fund shall be handed over to the Colonial Legre.
C. Justice 800
Col Secy 500
Treas 400
Surveyor Gen. 400
Atty G. 300 to take effect so soon as the Land Fund shall be handed over to the Colonial Legre.
The H.B. Cy question being practically settled there appears little
reason why the Land Fund should not be handed on; unless the Imperial
Govt (wh has in fact bought it from the H.B. Cy) consider
themselves to have any lien upon it.
The question arises however on what terms as to Salaries &c this shd
be done—wh is an administrative not a legal question.
I should be inclined, now, to leave
this Act unnoticed and take up
the question in connection with the General politics of V.C. Island
as a new one.
Nos 2 & 3 (or 20, 21) Appropriation Acts—they are
now Exhausted. Take no notice.
Nos 4 (or 25) Tax on lands repealed. Take no notice.
5 (or 26) Roads—unobjectionable.
6 (or 27) Tax on real property repealed. Take no notice.
7 (or 29) Victoria & Esquimalt Harbour Do Do
18 Joint Stock Companies )
22 Street Fund ) Unobjectionable
23 Firemens Act. Expired. Take no notice.
25 Sale of liquor to Indians—an imperfect Act. But the
imperfection is such that it is hardly worth remarking upon now.
28 Conveyances of land (a rude act but very likely
required).
30 Gas Compy.
31 Gives validity to titles derived from the H.B.Cy. It
is minuted to be referred
to them but as they have no longer anything
to do with the matter the reference seems unnecessary.
32 Jury at Quarter Sessions )
33 Foreign Actions ) All unobjectionable
34 Registration of Voters )
35 Victoria Bridge )
36 Transfer of Real Property. Further report promised but
not received.
this Act unnoticed and take up
the question in connection with the General politics of V.C. Island
as a new one.
Nos 2 & 3 (or 20, 21) Appropriation Acts—they are
now Exhausted. Take no notice.
Nos 4 (or 25) Tax on lands repealed. Take no notice.
5 (or 26) Roads—unobjectionable.
6 (or 27) Tax on real property repealed. Take no notice.
7 (or 29) Victoria & Esquimalt Harbour Do Do
18 Joint Stock Companies )
22 Street Fund ) Unobjectionable
23 Firemens Act. Expired. Take no notice.
25 Sale of liquor to Indians—an imperfect Act. But the
imperfection is such that it is hardly worth remarking upon now.
28 Conveyances of land (a rude act but very likely
required).
30 Gas Compy.
31 Gives validity to titles derived from the H.B.Cy. It
is minuted to be referred
to them but as they have no longer anything
to do with the matter the reference seems unnecessary.
32 Jury at Quarter Sessions )
33 Foreign Actions ) All unobjectionable
34 Registration of Voters )
35 Victoria Bridge )
36 Transfer of Real Property. Further report promised but
not received.
I am disposed to say that the best thing that can be done with all
these Acts is just to put them by.
Some are repealed or have expired. The rest remain in form witht
confirmation. There is no reason why they should not remain in form
and no good purpose will be answered by any special confirmation of
them.
On the other hand a confirmation after a lapse of two years
draws attention to the delay.
On the other hand a confirmation after a lapse of two years
draws attention to the delay.
Of course however the political question connected with No 1 (or 19)
remains for consideration.
FR
29/4/63
But the question of the Crown Lands, & a Civil List will have to be
settled.
CF
29
It is obviously the best course to take no further notice of these
Acts.
I should like to have a Memm shewing what has heretofore passed on
the subject of the Crown Lands.
N
1-5/63
The Land Revenue seems to be only 4576.1.6.
The Salaries & Contingencies of the Govt &c are
Salaries 3200
Contingencies 3207
____
6207 £
Salaries 3200
Contingencies 3207
____
6207 £
And the Acts Nos 19 & 20 provide that these Salaries are not
to be paid
until the Crown Revenue is handed over to the Lege.
until the Crown Revenue is handed over to the Lege.
How then are they to be paid?
FR
1/5
They must be paid for the present in [the] same way as they have
hitherto been paid—i.e. out of the General Revenue of the Colony.
But a great question is opened by these despatches—a question which
did not present itself to me at first sight but which is now
apparent. It is nothing else than a proposal for the surrender of
the Crown Revenues in exchange for a Civil List—[a] very important
affair. In relation to [it] I send you some former papers—& minutes
which will be serviceable to you, & which we ought to have supplied
you with in the first instance.
It seems to me
that the Governor ought to have insisted on a
suspending clause to these Civil List Acts. And we should bear in
mind that there is always a probability of VanCouver Isd and B. Columbia being some day placed under separate Governors. In such
case I doubt £800 a year being adequate pay for a Governor in that
place. Provision shd be made for an increase.
that the Governor ought to have insisted on a
suspending clause to these Civil List Acts. And we should bear in
mind that there is always a probability of VanCouver Isd and B. Columbia being some day placed under separate Governors. In such
case I doubt £800 a year being adequate pay for a Governor in that
place. Provision shd be made for an increase.
Further I wd suggest that whenever we do give up the Crown Revenues
for a Civil List we shd avail ourselves of the oppy to insist on
the establishment of the principle of reserving to the Govt the
initiation of money votes. The want of this right has caused much
inconvenience &c [in] the B.N.A. Colonies (Canada excepted) & has
only lately been acquired there. Practically under Douglas I
think this right prevails in V.C. Isld but it wd be well to insist
on the public recognition of it least [sic] a weaker man than Douglas
shd ever hold the Govt.
ABd
3 May
Vancouver Island Acts
The following Acts are not acted on for the reasons stated.
No 19 No decision has been adopted in respect of this Act.
Nos 20 [and] 21 Supply Acts for the year 1860. [Marginal
note: Exhausted. Let them alone. FR]
No 24 Trades Licenses. This Act is repealed "save in so far
as any licenses and penalties accrued due or incurred heretofore are
concerned." Vide Act No 74 of 1862. In the marginal Abstract of the
Act of /62 it is stated that the Trades Licenses Act /60 is
repealed. Does the above quotation amount to an actual repeal? and
should the Act of /60 now be sanctioned? [Marginal note:
1. Certainly. 2. No Let it alone. (FR)]
No 27 Real Estate Tax Act. Does the Act No 71 of 1862
actually repeal this Act (as stated in the marginal abstract?) or
ought it to be now sanctioned?
[Marginal note: 1. Certainly. 2. No.
Let it alone. (FR)]
No 29 (or 7). This Act is repealed by No. 65 of 1862 so it
appears unnecessary to refer it to the Bd of Trade. [Marginal note:
Certainly. (FR)]
No 23 This Act is in force only for a year—the subsequent
Act No. 43 is entitled "To extend and amend the provisions of the
Firemans Protection Act/60". If the Act of /60 is
extended by the subsequent Act I presume it should be
sanctioned—but the subsequent Act seems not to extend the old Act as
the title states but to reenact it—so I have omitted it from the
list to be sanctioned. [Marginal note: Certainly. Let it alone.
(FR)]
No 36 The report promised by the Attorney General has not
been received.
[Marginal note: 1. Certainly. 2. No.
Let it alone. (FR)]
No 29 (or 7). This Act is repealed by No. 65 of 1862 so it
appears unnecessary to refer it to the Bd of Trade. [Marginal note:
Certainly. (FR)]
No 23 This Act is in force only for a year—the subsequent
Act No. 43 is entitled "To extend and amend the provisions of the
Firemans Protection Act/60". If the Act of /60 is
extended by the subsequent Act I presume it should be
sanctioned—but the subsequent Act seems not to extend the old Act as
the title states but to reenact it—so I have omitted it from the
list to be sanctioned. [Marginal note: Certainly. Let it alone.
(FR)]
No 36 The report promised by the Attorney General has not
been received.
[No signature - Looks like EBP's hand.]
Documents enclosed with the main document (not transcribed)
[Not on microfilm.]