With reference to your letter of
11 October, on the subject of the
deficiency of proper Postal Regulations in the Colony of
Vancouvers
Island, owing to the Legislative Council having thrown out a Bill for
the management of the Post office, introduced by the Governor of the
Colony, I am commanded by the Lords Commissioners of Her Majesty's
Treasury to transmit to you copy of a Letter from the Postmaster
General dated
25 Ultimo, on the same subject, but I am to state
that while the course His Lordship recommends, affords probably the
only means for carrying on the postal service strictly in accordance
with law, yet My Lords trust that
M Secretary Cardwell will not be
compelled to resort to an arrangement so inconvenient to all parties;
& that the good sense of the Government & Colonials of
Vancouvers
Island will lead to proper provision being made for the service.
Minutes by CO staff
M Elliot
Governor Kennedy has already been asked if he wd desire that the
Treasury should fix the rates of postage & if so what rates he wd
wish shd be prescribed. See 9648.
The Post Office in the enclosure to this letter propose two courses,
either to allow the Colonists to suffer the consequences of their own
conduct & to discontinue the Inland Postal Service or that the Gov
should fix rates of postage sufficient to cover all expenses. I
conclude the last course will be adopted.
You will observe that in these official letters both
the Treasury and
the Postmaster General are averse to our stepping in with Imperial
authority if it can possibly be avoided, and rather lean to leaving
the Colonists either to pass a good postal measure or else to bear
the consequences of their own recusancy. When we spoke of it with
M Hill, we felt a natural wish if possible to help a deserving
Governor in difficulty. But on reflection I own that partly for the
sake of the lesson to unworthy depositaries of
power power, and for the
hint to the Colonists that they suffer by their perversity—and partly
also on account of the clamour and misrepresentation for which room
may be offered by helping these people against their will from
home—I am inclined upon the whole to the course which I have marked
in pencil at page 2 of the letter from the Post Office to the
Treasury. This Island has the misfortune to be under the dominion of
a sort of turbulent Vestry clothed with all the powers and attributes
of the House of Commons. I do not see why, so long as they have all
the power, we should trouble ourselves with any of the
responsibility. The only check on the arbitrary conduct of such
bodies is the
impatience of their own Constituents, and the best way
of bringing that check into action is to let the Constituents feel
for themselves where the shoe pinches.
There is a great deal in what
M Elliot says. But I am a little
apprehensive of the inconvenience to the Governor. At present by
some means or other he carries on this inland Postage. The
population—or rather the few settlers who do not reside in
Victoria—will ask why he
sh not continue to go on as before: and
it will be rather difficult to give an answer
w will not enable the
opposition to represent his proceedings as a piece of temper.
His only answer
w be that he was acting under Instructions from
home—
but is
M C. prepared to give positive instructions to that
effect with a clearer opinion as to the nature of his present
arrangements and their legality than can well be extracted from the
papers now sent.
He m be instructed that the management of the Inland Posts could
not conveniently be undertaken by the Home Gov—that if the Col.
Leg refused to pass the necessary laws for establishing a Postal
system it w be his duty to exert such authority as in the op of
the L Off he legally possessed to prevent any public
inconvenience—but that if he found that such inconvenience could
not be prevented with adopting measures in excess of his lawful
authority he must leave the community to suffer the
consequences imposed upon them by the Legislation or non Legislation
of their representatives.
It is to be observed that the state of the Law appears to be this.
By 7 Will[iam] & 1 Vict c. 33, S. 2 the Imperial P.O. has the
exclusive privilege of conveying letters (except in certain cases not
material) but by 12 & [17?]
Vict c. 66 the Colonial Legislatures have
authority to establish Posts—& in such establishment the power of the
Imperial Gov is to cease—so that under the Acts of Parl the
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