No. 5

By the Commission and Instructions which your Predecessor Governor
Blanchard [Blanshard] received when the Colony of Vancouver's Island was
first founded, he was directed to summon General Assemblies of
freeholders qualified by the ownership of 20 acres of land, and with
their advice and that of his Council to make Laws and Ordinances for the
good-government of the Island.

2. I am aware that the same Commission contains another clause
professing to empower the Governor to make such laws with the advice of
his Council only. Perhaps this was introduced with the view of creating
a legislature to meet the immediate wants of the Community, before
Assemblies could be summoned. But I am convinced as well by the general
tenor of the documents themselves as by the information which I have
been able to obtain of the intention of Her Majesty's Government in
framing them, that it was then contemplated that such Assemblies should
be summoned as soon as it should be practicable to do so.

3. Causes over which the local Government had no control, and
which are too well known to need recapitulation, have hitherto prevented
the Settlement from acquiring that developement which its founders may
have expected. Considering the small number of established Colonists,
you thought it advisable to act on the power apparently given to
yourself to conduct the affairs of the Island with the advice of your
Council only, and to pass certain laws which you considered most
required by the exigencies of the time. In doing so you proceeded on a
fair understanding of the authority conveyed to you, and Her Majesty's
Government are fully satisfied with the course which you took.

4. Nevertheless it has been doubted by Authorities conversant in
the principles of Colonial Law, whether The Crown can legally convey
authority to make Laws in a Settlement founded by Englishmen, even for a
temporary and special purpose, to any Legislature not elected wholly, or
in part, by the Settlers themselves. If this be the case, the clause in
Your Commission on which you relied would appear to be unwarranted and
invalid.

5. It appears to Her Majesty's Government therefore that steps
should be taken at once for the establishment of the only Legislature
authorized by the present constitution of the Island. I have
accordingly to instruct you to call together an Assembly in the terms
of your Commission and Instructions.

6. For this purpose it will be within you power as provided by the
ninth clause of your Instructions, to fix the number of Representatives,
and if you should consider it essential, to divide the Colony into
Districts and to establish separate polling places, although with so
small a number of settlers you may find this inexpedient.

7. I leave it to your local knowledge and discretion, with the
advice of your Council to suggest to the Assembly when thus summoned to
pass such measures as you may yourself deem most required, and in
particular such as may be necessary in order to leave no doubt of the
validity of proceedings already taken without the authority of an
Assembly.

8. But it appears to me that in a Community containing so very
limited a number of inhabitants the maintenance of a Constitution of the
model of those of Considerable Colonies, with a House of Representatives
and a Council, may be inexpedient: and that a smaller and more select
body, will for the present, and probably for some years to come, perform
in a satisfactory manner the functions really required in the present
stage of progress of the Island.

9. Such a body however can be constituted only by enactment of the
Legislature authorized by the Commission, that is to say of the Assembly
and Council together with Yourself.

It would be no unusual circumstance for a Legislature thus
constituted to surrender its powers into the hands of a single Chamber.
It has been successfully done in some of the smaller West India
Islands. [Marginal note: Virgin Islands Act, 1854.]

10. I leave it to yourself to consider, with the advice of the
local authorities, the numbers and proper qualification of the members
of such a single Council, but in the event of your determining to
introduce the Elective principle into it, a certain proportion, not less
than one third, should be nominated by the Crown. The power of
assenting to, or negativing, or suspending for the assent of the Crown,
the measures passed by such a Council, should be distinctly reserved to
yourself. And it is very essential that a Constitutional Law of this
description should contain a proviso, reserving the initiation of all
money votes to the local Government.

11. An additional reason in favor of the course which I now
prescribe (namely that of calling together the Assembly, and then, if
the Legislature so created think proper, establishing a simpler form of
Government) is to be found in the circumstances that the relations of
the Hudson's Bay Company with the Crown must necessarily undergo
revision before or in the year 1859. The position and future Government
of Vancouver's Island will then unavoidably pass under review; and if
any difficulty should be experienced in carrying into execution any
present Instructions, a convenient opportunity will be afforded for
reconsidering them.

12. I am aware that Her Majesty's Government are imposing on you a
task of some difficulty as well as responsibility in giving you these
Instructions, especially as they have to be carried into execution with
so small an amount of assistance as the present circumstances of your
Settlement afford.

But I have every reason to rely on your abilities and public
spirit: and you may on your part rely on the continuance of such
assistance and support as Her Majesty's Government can render you, and
on their making full allowance for the pecularities of your position.