No. 11

I have the honor to acknowledge the receipt of Sir George Grey's
Despatch of the 5th of April last, marked "confidential,"
transmitting an opinion received by the Colonial Department from the
Attorney and Solicitor General, in which those officers deny altogether
the power of legislation, under the authority of my Commission from the
Crown, and advise the Secretary of State that no Laws can be passed in
Vancouver's Island, except with the concurrence of a General assembly.

Having before entertained a not very dissimilar impression in
respect to the Legislative Powers vested in the Governor & Council, by
my Commission from the Crown; I have been most cautious in all my
proceedings, and have enacted no Laws excepting such as circumstances
rendered indespensable for the preservation of life and property.

I now have a full and distinct idea of my legal position, and
shall be careful not to exceed the Powers vested in me.

Until we receive the order in Council, embracing the important
provisions of the act, establishing a Supreme civil Court, we shall
continue to conduct the legal civil business of the Colony, as
heretofore, reserving any serious cases for future adjustment.

I beg leave to observe in reference to the second order in Council,
which is to include Criminal Jurisdiction, that we have always
considered the Law of England for all criminal, and all important civil
purposes, as in force in the Colony, and have therefore not found it
necessary to legislate in respect to the prevention or punishment of
crimes, or in respect to any other class of offences except such as have
a mere local application, as for example the Law prohibiting the sale of
spirits to Indians, to which the Law of England has no reference. I
have not sufficient confidence in my knowledge of the Criminal Law of
England, to venture on giving an opinion on the manner in which a
Criminal Court should be constituted, except to observe that it would
perhaps be advisable to dispense, for a time, until the white Population
increases in number and intelligence, with the attendance of grand and
petit Jurors, and to substitute a given number of assessors, as I
believe is the practice in some of the Colonies in Australia, who with
the presiding Judge may decide, by majority of votes, on all cases
brought before them.  I may also observe that whatever regulations you may please to establish, will not I apprehend interfere with existing arrangements.

I shall be guided by the instructions in reference to the several
matters discussed in Sir George Grey's Despatch, and as instructed shall
not make any further attempt at Legislation or exert the Powers vested
in me, for any other purpose than the preservation of the Peace of the
Colony, until I am favoured with further instructions from you.