No. 13

I have the honor to forward to Your Lordship an authenticated,
and two plain copies of an Act entitled—

An Act to alter and amend the Constitution of this Colony.

The usual Report from the Attorney General is annexed.

2. I acquainted Your Lordship in my Despatch No 163, of the
22nd December, last that I was aware of a very strong and
general popular feeling in favor of the introduction of
Responsible Government on the Union of this Colony with
Canada, and that after an Address to the Queen for this purpose
should have been passed I should think it expedient to introduce
a Bill to effect such enlargement and modification of the
present Legislative body as would permit the introduction of the
desired system. In my Speech on the opening of the Legislative
Session, transmitted in my Despatch No 1 of the 11th January,
I referred to this subject for the purpose of ascertaining the
formal opinion of the Legislative Council upon the question.
And in reply a Resolution was transmitted to me requesting that
I would submit a Bill "to enlarge the number of representative
Members, excluding
nominated Members from the Council, so as to enable a new
Legislative body, and the form of administration known as
Responsible Government to come into operation at the first
Session of the Legislature subsequently to the Union of the
Colony with Canada."

3. The Executive Council agreed with me that it was desirable
to introduce this measure, and that the concession now of what
is desired, and would certainly be successfully striven for
after Union if now withheld, would conduce much to the future
tranquillity of the Colony, and facilitate the working of other
impending changes by removing causes of agitation and political
dissatisfaction. I still believe that the system of Responsible
Government is in advance of the development of the Colony, and
that the existing Legislative Constitution would be sufficient
for all local purposes after Union if it were allowed to work
without factious opposition. But, on the other hand, that
opposition would be instant and incessant, and no cordial
support would be rendered outside of the Official circles. And,
moreover, after the concession of so free and full a system of
self-government to the Province of Manitoba as that bestowed by
the Canadian Act of 32 & 33 Victoria Chap. 3 it would scarcely
be possible to withhold the same confidence from the people of
this Colony.

4. The Act which I now transmit was very carefully prepared by
the Attorney General in conference with myself, and considered
in Executive Council. It has given almost universal
satisfaction and has induced a state of general political
tranquillity even among the busiest of the political agitators.
Another measure is intended to accompany this for the regulation
of Elections, in which will be contained provisions for the
qualification of Voters, Registration, and other arrangements
which would be necessary in any case, even if the present
Council were to be retained. And this latter enactment I hope
to forward by the next Mail.

5. In selecting the new form of Constitution I have preferred
as a model that of Ontario, namely a single Legislative
Assembly. According to my experience a Legislative Council as a
second Chamber answers few useful purposes in a small community,
and none that counterbalance the disadvantages attaching to risk
of collision between the two branches, and to the withdrawal of
many influential members of the Community from seats in the
lower House, which they would otherwise probably hold with
greater public advantage, as the real political work will always
have to be accomplished in the lower Chamber whether the Members
of the second are elected or nominated.

6. The number of Representatives has been fixed at Twenty-five,
as the largest which can reasonably be taken in so small a
population. A fewer number is not desirable for the system it
is intended to set in motion, as in proportion to their fewness
will be the probability of decisions upon public affairs being
influenced by personal feelings and corrupt combinations.

7. The representation I have divided as equally as possible
between the Mainland and Vancouver Island, giving the
Twenty-fifth member to the Mainland, which I believe to be the
fair arrangement for the present at all events, although an
attempt was made in the Legislative Council to secure a larger
number of seats for the Mainland. But, in fact, if
representation were to be based strictly on population I believe
the Population of Vancouver Island now to be more numerous than
that of the rest of the United Colony. Although probably that
will be more immediately increased by any stimulus to prosperity
which may follow from Confederation, the employment afforded by
the public works which are proposed, and any development of new
Gold fields of which there is now some promise.

8. The Act contains an important provision for the constitution
of the Executive Council (Sec. 3) which would have to be made in
some other manner in the absence of this measure. At present
this body is constituted by the Governor's Commission and the
Royal Instructions, of which the provisions though still
operative in the cases of Colonies like Newfoundland remaining
in direct communication with the Colonial Office, will not be
applicable after the Union of British Columbia with Canada. The
arrangement for the already united Provinces have been made in
the Imperial Act of Union, and those for Ontario and Quebec
(Sec. 63) have now been followed and adapted to this Colony by
this local Act, which will continue in operation on the Union by
the effect of the 14th Article of the terms of Union.

9. Sections 38 & 39 contain provisions for a pecuniary
allowance to Members of the Legislative Council during their
attendance, and for payment of their travelling expenses. No
doubt the cost of Government will thus be largely increased, but
I regard the expenditure as necessary. The provision is made in
all the other North American Provinces and can scarcely be
avoided here, where indeed it will be more required in order to
induce eligible persons to come forward as representatives of
distant districts who would otherwise be deterred by the expense
of travelling and residence at the Seat of Government during the
Session being added to the inconvenience of absence from their
usual places of business and abode.

10. Your Lordship will not fail to observe that this Act
contains a suspending clause (Sec. 47) which provides that it
shall not come into operation until Her Majesty's assent has
been given, nor then until a date to be fixed by the Governor by
proclamation. But this date must be one prior to that of the
Union in order that the Act should form part of the Law of the
Colony at the time of admission. It is not intended, or
desirable that the Queen's assent should be given unless the
Union of the Colony with Canada has become certain within a
specified time. In the very improbable event of the occurrence
in Canada, or in England of any obstacle to the speedy
accomplishment of the Union, I do not recommend this Act for
confirmation, and it can be laid aside until the time is right
for its application.