Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, James to Pelham-Clinton, Henry Pelham Fiennes 14 March 1864, CO 305:22, no. 6038, 65.
Abstract
Despatch to London.
Minutes (3), Enclosures (untranscribed) (1), Other documents (4), Marginalia (2).
Douglas submits a series of Acts from Vancouver Island for
Her Majesty's approvalincluding an Act providing for Cameron’s retirement. The Colonial Office minutes their decisions on how each act is to be handled.
No 9
[Incorrectly numbered 10]
14th March 1864
My Lord Duke,
I have the Honor of transmitting herewith the following Acts for Her
Majesty's approval, viz:
An Act to provide for the Election of a Mayor and Councillors for
the City of Victoria at the expiration of the period for which the
present Mayor and Councillors are elected.
An
An Act to provide an Indemnity for the Mayor and Councillors
of the City of Victoria.
No 1 of 1864. An Act to indemnify the Governor for applying certain
moneys to the Redemption of Municipal Debentures.
No 2 of 1864. An Act to provide for the retirement of David Cameron,
Chief Justice of the Colony of Vancouver Island and its Dependencies.
No 3 of 1864. An Act to establish pilots for the Port of Victoria
and for other purposes relating thereto.
No 4 of 1864. An Act to grant the right to construct a Telegraph Line
connecting Victoria with the Telegraph system of the United States,
and for other purposes.
No 5 of 1864. An Act to apply the sum of Two hundred and fifty SevenThousand
Thousand two hundred and Seventy nine Dollars and fifty Cents out of
the General Revenue of the Colony of Vancouver Island and its
Dependencies to the service of the year One thousand eight hundred and
Sixty four.
Thousand two hundred and Seventy nine Dollars and fifty Cents out of
the General Revenue of the Colony of Vancouver Island and its
Dependencies to the service of the year One thousand eight hundred and
Sixty four.
2. "An Act to provide for the Election of a Mayor and Councillors
for the City of Victoria &ca"—Having
fully shewn the object of this Act and the causes which rendered
it necessary, in my Despatch of the 15th January last (Separate),
and the Attorney General having also touched upon the subject in his
report which is now forwarded, I will not take up your Graces time
withfurther
further comments upon it in this Despatch.
In circn with Civil List papers 29 June/64.
[ABd]
further comments upon it in this Despatch.
3. "An Act to provide an Indemnity for the Mayor and Councillors of
the City of Victoria". A case having been decided in the Supreme
Court by which it was ruled that the Mayor and Councillors had in a
certain ByLaw passed by them for raising and collecting certain
Municipal Taxes, exceeded the powers conferred by the Act of
Incorporation, the immediate passage of thisAct
Act of Indemnity was
rendered necessary to protect the Council, acting, as they had done,
in good faith and with the best intentions, against vexatious suits
which litigious individuals might, otherwise, raise against them.
Act of Indemnity was
rendered necessary to protect the Council, acting, as they had done,
in good faith and with the best intentions, against vexatious suits
which litigious individuals might, otherwise, raise against them.
4. "An Act to provide for the retirement of David Cameron, Chief
Justice," &ca. This Act grants to Mr Cameron on his resignation
of the Office of Chief Justice of Vancouver's Island, a Pension of
£500, per Annum, to be paid after the arrival of his Successorfrom
from
England, the object of that condition being stated in my Despatch No
4 (Legislative) of the 3rd Instant.
from
England, the object of that condition being stated in my Despatch No
4 (Legislative) of the 3rd Instant.
In circulation 29-6-64.
[ABd]
5. "An Act to grant the right to construct a Telegraph Line &ca".
By this Act there is granted to the California State Telegraph
Company, the exclusive right of constructing a Telegraph Line and
sending Messages from any place within the Colony of Vancouver's
Island to any place within the Territories of the United States of
America West of the Rocky Mountains, for a period of Seventy years;
but terminablein
in Twelve years at the option of the Governor of
Vancouver's Island; upon the express condition that the work shall be
commenced within five months, and be completed, and the line of
Telegraph put in operation within a further period of Thirteen months
from the passage of the Act, otherwise the privileges granted by the
Act shall cease, and the Act become absolutely void. The Act also
provides for the continuous working of the line, and fixes a maximum
rate of charge for the transmission of Messages,and
and in all other
respects carefully guards the public interests. I have, therefore,
no hestitation in recommending it for approval, as there can be no
doubt that its effect will be highly advantageous to the general
interests of the Colony, and as, in reality, the privileges granted
(in no way interfering with the construction of a Line through
British Territory) are as nothing in comparison with the outlay to be
incurred by the enterprising Company which thus contracts to place
Vancouver's Island in immediate communicationwith
with the outer world.
in Twelve years at the option of the Governor of
Vancouver's Island; upon the express condition that the work shall be
commenced within five months, and be completed, and the line of
Telegraph put in operation within a further period of Thirteen months
from the passage of the Act, otherwise the privileges granted by the
Act shall cease, and the Act become absolutely void. The Act also
provides for the continuous working of the line, and fixes a maximum
rate of charge for the transmission of Messages,and
and in all other
respects carefully guards the public interests. I have, therefore,
no hestitation in recommending it for approval, as there can be no
doubt that its effect will be highly advantageous to the general
interests of the Colony, and as, in reality, the privileges granted
(in no way interfering with the construction of a Line through
British Territory) are as nothing in comparison with the outlay to be
incurred by the enterprising Company which thus contracts to place
Vancouver's Island in immediate communicationwith
with the outer world.
6. The other Acts transmitted do not, I believe, require any special
comment beyond the report of the Attorney General which is herewith
transmitted.
Minutes by CO staff
Mr E. [and] Sir F. Rogers
See Mr Cardwell's desph No 7. of the 1 June—respecting the exclusive privilege to the Telegraph Co.
See Mr Cardwell's desph No 7. of the 1 June—respecting the exclusive privilege to the Telegraph Co.
ABd
29 June/64
Refer to B. of T. No 3/64 Pilots.
Sanction[:] 86 Mayor indemnity. No 1/64 Governors indemnity. No
5/64 Appropriation.
As to the Telegraph Act refer to the dph to Gov. Seymour transmitted
to Gov. Kennedy on the first of June last as conveying the views of
H.M. Govt.
Proceed at once.
FR
4/7
The previous papers on the Mayor Election Act & the Cameron Pension
Act have now reached me. The former expires on the 30 Inst., the
latter is disposed of by Mr Cardwells dph of 12 May. I think
therefore that both may be put by.
FR
14/10
Documents enclosed with the main document (not transcribed)
Attorney General George Hunter Cary to Colonial Secretary William
A.G. Young, 12 March 1864, reporting on the acts transmitted.
Other documents included in the file
Cardwell to the Lord President, 8 July 1864, transmitting three
acts and recommending that they be left to their operation.
Elliot to J. Booth, Board of Trade, 16 July 1864, transmitting a
copy of the "act to establish pilots" for their opinion.
