Separate

I have received your Despatch No. 36 of the 8th September last, in
which you point out that you Predecessor in the Government of British
Columbia, Sir J. Douglas, holds the only Commission issued for a Vice
Admiral of that Colony, and that you have received none.

In reply I have to direct your attention to the 3rd Section of the
Vice Admiralty Courts Act, which was transmitted with the Circular
Despatch from this Department of the 30th of June 1863, and which
provides that in any British Possession where the Office of Vice Admiral
may become vacant, the Governor of such Possession shall be ex officio
Vice Admiral thereof until a formal appointment shall have been made by
the Admiralty. That provision was intended in ordinary cases to
supersede the necessity of such appointments being made otherwise than
under the authority of the Act.

In order to prevent any confusion which might possibly arise if the
prior authority of the Commission should remain outstanding after the
passing of the Act, Sir J. Douglas was requested to resign his
Commission as Vice Admiral of British Columbia, which he formally did,
and intimated that he would obtain from the Colony the Instrument of his
appointment, it having been left there. If however, it should be in
your possession it will be desirable that you should return it to this
Department.