No. 11

In your despatch No. 20 of the 23rd Feb. you recommended to my
predecessor an alteration in the present Legislative constitution of B.
Columbia and requested to be furnished with the necessary authority for
effecting it. As it appears both from that Despatch and from your
previous correspondence that the Colonists are desirous of being placed
in formal possession of representative institutions, and that the
particular scheme advocated with clearness and cogency in your present
Despatch is likely to be acceptable to them Her Majesty's Government
have had no difficulty in adopting your recommendation. But as it
appeared that this scheme could not be carried into effect without an
Act of Parliament they thought it best that her Majesty should be
advised under authority of an Act, to establish at once a representative
Legislature with the power of altering its own constitution which is
given by 28 and 29 Victoria Cap: 63, rather than to remit the question
perhaps for protracted discussion to the present somewhat anomalous
Council.

The pressure of parliamentary and other business has caused some
delay in giving effect to this decision, but I have now the satisfaction
of transmitting to you copies of "The British Columbia Government Act
1870" and of the order in Council passed under that Act. The original
order in Council is transmitted in my Despatch No. 12 of even date
herewith.

It is unnecessary for me to dwell in detail upon the different
provisions of this order, which are in truth sufficiently simply. You
will perceive that the Legislative Council is to consist, according to
your suggestion, of fifteen members of whom nine are to be elective and
that subject to any dissolution, the elected members are to hold their
seats for four years.

By the ninth section very large powers are invested in you "Until
the meeting of the first Council." Having entire confidence in your
ability and judgment I purposely refrain from giving you any definite
instructions as to the exercise of those powers on matters of detail
upon which your own knowledge is so much more complete than my own. I
do not doubt that you will take the best steps calculated to secure a
thorough trustworthy representation and one which will command the
confidence of the country.

You will observe that by the last section of the order in council
the power conferred upon "representative legislatures" by the imperial
No. 28 and 29 Victoria Cap: 63 are to avoid the possibility of any doubt
expressly reserved to the newly constituted Legislature.

I shall watch with great interest the working of the new Council
and the more so as it seems highly probable that one of the first
questions submitted to them will be the important question of Union with
the Dominion of Canada.

Upon this subject the views of Her Majesty's Government have been
fully expressed in my predecessor's Despatch of the 14th August 1869.