
================================================================================
FILE: 1870-01-01_Musgrave_to_Granville_B70001.txt
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No. 1

Referring to Your Lordship's Despatch Circular of the 26th June
last, enclosing a Letter from the Post Office with a Treasury
Warrant authorising a modification from the 1st July last of the
rate of Postage chargeable on Books and Trade Patterns of light
weight sent by Post from the United Kingdom to the British
Colonies—I have the honor to acquaint you that a similar
arrangement will now be adopted with regard to Printed Papers
and Patterns forwarded from this Colony to the United Kingdom.



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FILE: 1870-01-01_Musgrave_to_Granville_B70002.txt
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No. 2

Early in 1868
*

my predecessor Mr Seymour applied for authority
which was accorded him, to appoint two unofficial members of the
Executive Council, and on the opening of the last Session of the
Legislature at the end of the year he intimated to them his
intention to make such appointments; but for some unexplained
reason they were never made.

2. I observe that the authority has been continued in the Royal
Instructions accompanying my Commission, and I think it very
desirable to have the assistance in the Council of two Members
who are not paid servants of the Crown, particularly with
respect to the question of the Union of this Colony with the
Dominion of Canada which must become a prominent subject for
discussion during the ensuing Session.

3. I have therefore appointed, provisionally and until Her
Majesty's pleasure shall be known, the Honble John
Sebastian Helmcken, and William Weir Carrall to be Members of
the Executive Council. Mr Helmcken is perhaps the oldest and
most influential among the Members of the Legislature for
Vancouver's Island, being selected by the District of Victoria;
and Mr Carrall is the representative of the Mining District of
Cariboo looked upon as the most important on the Mainland, and I
regard him as being in other respects the most eligible Member
to represent that section of the Colony.



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FILE: 1870-01-04_Pearse_to_Granville_B706P01.txt
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Pearse to Granville

I have the honor to apply for one month's extra Leave of absence
from my duties in British Columbia. I feel the more emboldened
in making this request, in view of the fact that I have been
detained in Town for more than two (2) months, in Carrying out
the Female Emigration Scheme, which has been so far completed,
that the Vessel has sailed from Liverpool for Victoria.
Trusting that this application may meet with the favorable
Consideration of your Lordship.



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FILE: 1870-01-07_Musgrave_to_Granville_B70003.txt
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No. 3

I have had the honor to receive Your Lordship's Despatch No
101, of the 3rd November, enclosing copies of correspondence
between Mr Young, the Colonial Office and the Treasury
respecting his application for a gratuity on account of the loss
of his Office and authorizing me to recommend to the Council
that a gratuity equivalent to not more than six months Salary
should be voted to Mr Young.

2. Having regard to the peculiar legislative constitution of
this Colony, which enables any grant however exceptional in its
character to be obtained from the Council if the Official
Members are ordered to vote as the Governor directs, I think it my
duty to call Your Lordship's attention to some circumstances in
this case before the vote is brought forward at Your Lordship's
instance.

3. Mr Young's case is not in fact analogous to those of other
Officials who have received compensation for loss of Office.
That from which Mr Young was removed has not been abolished.
The Colony has derived no financial advantage from his removal;
on the contrary it has been put to the expense of several
hundred pounds for passage money; and neither the Legislature
nor the public desired that he should be removed. Under these
circumstances I fear that the Council will not regard it as a
case in which compensation can fairly be claimed from the
Colony, especially when through the circumstances attending Mr
Young's removal it has already been charged with the expense of
two Colonial Secretarys

for several months—full Salary having
been paid to Mr Young up to the 7th April, while half Salary
was paid to Mr Hankin from 21st November, to 31st December,
the date of his arrival in the Colony, and full Salary from that
date to 7th April when he assumed the duties of his Office.

4. On the Union of Vancouver Island with British Columbia it
was not the intention of Her Majesty's Government or of the
community to abolish Offices simply in order to dismiss all
public servants who had the misfortune to belong to one section
of the United Colony, so much as to consolidate the double
official departments for the sake of economy. In the case of
the Colonial Secretary's Office, a vacancy was created in that
of British Columbia (Mainland) by the resignation of Mr Birch
which readily enabled such consolidation. Mr Young, Colonial
Secretary of Vancouver Island was therefore appointed Acting
Colonial Secretary of the United Colony and he discharged the
duties of his Office for two years, nor was there any public
objection to his continuing to hold the appointment. If he had
done so he would then have been the only Official formerly
holding any Office of importance in Vancouver Island who had
been retained in the Service except the Chief Justice. I need
not conceal from Your Lordship that considerable soreness of
feeling exists in Vancouver Island as to the manner in which the
rearrangement of the public departments was effected on the
Union of the Colonies, and I am sure that the irritation will be
reawakened by any application for compensation to Mr Young; who
was not removed for the advantage of the Colony; and who was
replaced by another Officer sent from England, not by anyone
within the Government for whom it was expedient to provide.
I am satisfied that the Unofficial Members of the Council will
not approve of the proposed grant and if passed by the Official
Vote only the proceeding will be regarded as an arbitrary
exercise of the authority of the Government.

5. I annex an Extract from the Minutes of the Executive Council
from which it appears that the grant of passage money to Mr
Young was intended as compensation in full for all claim.



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FILE: 1870-01-07_Musgrave_to_Granville_B70004.txt
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No. 4

I have the honor to transmit herewith, Returns relating to the
Revenue and Expenditure of the Colony during the 1st and 2nd
Quarters of last Year.



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FILE: 1870-01-10_Granville_to_Musgrave_B707001.txt
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No. 1

I have to acknowledge the receipt of your despatch of the 2nd
September last No. 4 referring to the amount of salary to be assigned to
you as Governor of British Columbia and enquiring at what rate Mr.
Hankin should be paid during the period he administered the Government
between the death of Mr. Seymour and your own assumption of the
Government.

It appears from your despatch that Mr. Seymour had whilst he held
Office drawn a sum of £1,000 from the Crown Fund in addition to the
£4,000 assigned by local Act to the Governor together with his
travelling expenses.

I have to inform you that Mr. Seymour never received any official
authority to draw this £1,000 from the Crown Fund, nor had that step
been submitted either officially or unofficially to the Lords
Commissoners of the Treasury, whose concurrence was requisite for it.

Under these circumstances and in the existing state of the finances
of British Columbia I cannot sanction the payment of salary at a greater
rate than £2,000 to Mr. Hankin during his Administration of the
Government and £4000 to yourself. But I am of opinion that any motion
that may be made for a reduction of this Salary below that sum may be
met by pointing out to the Council that a reduction of the salary has
practically been effected by discontinuing the payment of the £1000
hitherto paid to Mr. Seymour from the Crown Fund.

I request that you will inform me what amount has been drawn from
the Crown Fund on this account and up to what period the accounts of
that fund have been sent home for Audit.



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FILE: 1870-01-11_Musgrave_to_Granville_B70005.txt
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No. 5

I have the honor to acknowledge the receipt of Your Despatch of
24th November, forwarding the undermentioned Parliamentary Papers.

Union of British Columbia with Canada. 4 copies.



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FILE: 1870-01-11_Musgrave_to_Granville_B70006.txt
================================================================================

No. 6

I have the honor to acknowledge the receipt on the 10th instant
of your despatches, of the numbers and dates noted in the
margin.

*



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FILE: 1870-01-13_Sandford_to_Musgrave_B707002.txt
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No. 2

With reference to my Despatch No. 28 of the 27th April I am
directed by the Secretary of State to inform you that he has extended
for one month, with half salary, the leave of absence granted by Mr.
Seymour to Mr. Benjamin W. Pearse Assistant Surveyor General, British
Columbia.



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FILE: 1870-01-17_Otway_to_Under-Secretary_of_State_B705FO01.txt
================================================================================

Otway to Under-Secretary of State

I am directed by the Earl of Clarendon to transmit to you, to be
laid before Earl Granville, a copy of a despatch from Her
Majesty's Minister at Washington, with a copy of a Memorial,
said to have been signed by a number of Residents at Victoria in
British Columbia, and addressed to the President of the United
States, with a view to his endeavouring to induce Her Majesty's
Government to consent to the transfer of that Colony to the
United States.



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FILE: 1870-01-17_Waddington_to_Secretary_of_State_B706W01.txt
================================================================================

Waddington to Secretary of State

Your Lordship may not be aware that I have spent a vast amount
of time and money in British Columbia in attempting to promote
the construction of an Overland railroad through British North
America and that I obtained certain privileges there for that purpose.

I had the honor shortly after my arrival in England two years
ago to submit to his Grace the Duke of Buckingham (March 10th
1868) a letter from the then Governor of British Columbia, dated
Septr 25th 1867 referring the whole matter to the Secretary
of State for the Colonies; and his Grace advised me to see the
Directors of the Hudson's Bay Company, who were at that time in
possession of the Saskatchewan Territory, and with whom some
previous arrangement was necessary before proceeding further.

Supposing that difficulty settled, I had the honor in June last
of addressing two pamphlets to your Lordship, the latter
containing an exact description of the line of road I propose
following, and I now intend leaving for Canada next week, so as
to be in Ottawa at the opening of the Parliament, and prepare
the way for obtaining, if possible, the necessary privileges for
carrying out this vast project.

Under these circumstances I take the liberty of asking the favor
of an introduction to the present Governor General Sir John
Young, with whom I am not acquainted, explaining the nature of
my mission; and I trust your Lordship will have the Kindness to
grant my request.



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FILE: 1870-01-20_Granville_to_Musgrave_B707003.txt
================================================================================

No. 3

I have the honor to acknowledge the receipt of your Despatch, No.
31, of the 27th November respecting the anomalous position in which you
found the office of Treasurer in British Columbia.

As I have had practical proof in the past year that the Department
has been efficiently managed I do not object to Mr. Graham being allowed
to continue to perform the duties of Treasurer, but I am of opinion that
on general principles he ought certainly to be required to give
security for the safe custody of monies entrusted to him.

As this would entail additional expense upon Mr. Graham I have to
authorise you to raise his Salary to £500 a year or to whatever sum
short of that amount you may consider on enquiry to be sufficient.



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FILE: 1870-01-20_Musgrave_to_Granville_B70007.txt
================================================================================

No. 7

I have the honor to acknowledge the receipt on the 18th instant
of your despatches, of the numbers and dates noted in the
margin,

*

and to transmit herewith the Schedules of those
remaining unanswered.



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FILE: 1870-01-20_Stansfeld_to_Rogers_Permanent_Under-Secretary_B705TE01.txt
================================================================================

Stansfeld to Rogers (Permanent Under-Secretary)

With reference to your letter of 12th inst. I am directed by
the Lords Commissoners of Her Majesty's Treasury to acquaint
you, for the information of Earl Granville, that My Lords agree
with his Lordship that, before expressing any opinion on the
question whether the amount irregularly drawn by Mr
Seymour late Governor of British Columbia from the Crown Fund
ought to be claimed against his Estate, they should await the
report of the particulars of the sums which he drew from this Fund.



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FILE: 1870-01-21_Granville_to_Musgrave_B707005.txt
================================================================================

No. 5

I have received with satisfaction your despatch No. 30 of the 26
November reporting that you have remitted to the Crown Agents the sum of
£4500 which will complete the amount due from the Colony to their
office at the beginning of this month.

It is hardly necessary for me to express a hope that for the future
remittances on this account will be regularly made.



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FILE: 1870-01-21_Musgrave_to_Granville_B70007CO.txt
================================================================================

Confidential

Your Lordship's Confidential Despatch of 19th May last
instructed my predecessor to consider carefully and report
whether it would not be advisable either to reduce the Salaries
of future holders of Offices under the Crown Salaries Act 1863,
or to abolish some of those Offices in case a proposal to that
effect should hereafter be carried in the Council. This
Despatch arrived after Mr Seymour's death and has hitherto remained
unanswered.

2. With regard to the question of reduction of Salary I have no
hesitation whatever in recording my opinion that estimated by
the cost at which the ordinary comforts of life may be procured
in different places, the Salaries of all Officers in this
Government, with perhaps the single exception of the Governor,
are
lower than in any Colony with which I am acquainted. The Colonial
Secretary, and the Chief Commissioner of Lands and Works receive
the highest amounts, £800, except the Salaries of the Chief
Justice, and the Governor. I know that this sum is not equal
here, to £400, in any of the Eastern Provinces, nor to much more
than £500 in most West Indian Governments. I could not
recommend that the Salary should be reduced if the Office is
still considered necessary.

3. Dr Helmcken, whose motion in the Legislative Council caused
Your Lordship's enquiry, is now a Member of the Council of
Government. He does not, now at all events, wish to touch the
emoluments of existing incumbents. I have explained to him my
opinion, and also pointed out, what is probably of more
importance in its bearing upon the question, that it would be
purposeless to enter upon any discussion of future provisions,
while the question of Union with Canada is under consideration;
because the whole legislative and official organization of the
Colony must be recast and the expense of a large part of the
Civil Establishment would be assumed by the Government of the
Dominion, in the event of such Union.

4. The propriety of abolishing any of the Offices which in any
case are not or would not be required is another question. The
Act provides for—The Governor, Chief Justice of the Mainland,
Colonial Secretary, Attorney General, Chief Commr of Lands &
Works, Collector of Customs, Chief Inspector of Police, and
Registrar General.

5. I assume that until the Union of the Colony with the
Dominion, the office of Governor will be necessary.

6. The difficulties which have arisen from the existence of two
Chief Justices in the Colony have formed already the subject of
much correspondence with Your Lordship's Department. I should
be very glad if it may be rendered possible to abolish one of
these Offices by provision being made elsewhere for one of the
existing Judges.

7. The Colonial Secretary, Attorney General, Chief Commissioner
of Lands and Works, and Collector of Customs, hold Offices which
cannot be dispensed with; and the only two about which there can
be question are those of the Chief Inspector of Police and the
Registrar General. These Offices are useless. But as regards
the first of these two, the services of the present holder of
the appointment, Mr Brew, have been made available as a
Magistrate; though the arrangements found convenient for the
public service have produced the absurd anomaly that he is
stationed at Cariboo and draws the Salary appropriated by annual
Vote for the Magistrate of that District, while another
Magistrate at New Westminster draws his Salary, provided by the
Crown Salaries Act for a Chief Inspector of Police who so far as
I know was never required. Although, however, the Office might
be abolished the amount of the Salary could not thereby be saved
as it is now paid and would still be required for the services
of the Magistrate.

8. With regard to the last case, that of the Registrar General,
I am of opinion, from which I believe there is little dissent,
that it is desirable to consolidate the Registration Ordinances
and assimilate the systems of Registry in the two Sections of
the Colony; and that one Office only is required, which should
be at Victoria. The provisions of the Vancouver Island Law
which is preferable in its general character requires that the
Registrar should be a barrister, and Mr Alston the present
Incumbent is in every way well qualified to discharge the duties
for the United Colony. I propose to introduce an Ordinance
during the next Session and after its passage if Your
Lordship approves of the measure, the Office of Registrar
General of the Mainland will practically be abolished.

9. It would be hard upon Mr Bushby who at present holds this
appointment that he should be summarily dismissed from an
Office which he had a right to regard as protected by Law from
any change, and I shall therefore endeavour to secure him other
employment and the continuance of the same Salary until his case
has been brought under Your Lordship's notice. But there is no
doubt, so far as his Office and the Colony are concerned, that
he is a supernumerary Official. I wish that I had a suitable
appointment to offer to him, for I believe that he might be
recommended with confidence to Your Lordship for almost any
in this Government both as regards character and capacity; but
Your Lordship knows the position of affairs in this Government,
and except as an additional Stipendiary Magistrate, for whom I
doubt the willingness of the Legislative Council permanently to
provide, I should be unable to find employment for Mr Bushby.
Under these circumstances I recommend him to Your Lordship's
favorable consideration for an appointment in some other
Government.



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FILE: 1870-01-21_Sandford_to_Musgrave_B707004.txt
================================================================================

No. 4

I sent on the 19th instant a Telegraphic Despatch to you in the
following words: "Office Mr. Needham, Chief Justiceship, Trinidad.
Salary eighteen hundred. Answer by Telegraph what day he can leave.
Puisne Judge will be sent out."



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FILE: 1870-01-22_Granville_to_Musgrave_B707006.txt
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No. 6

I have the honor to acknowledge the receipt of your despatch No. 28
of the 26th November enclosing copies of two letters from the Attorney
General of British Columbia, one addressed to me and the other to you,
in the subject of the scale of fees payable to him for professional
services rendered to the Crown.

You ask for instructions upon the matter.

I feel some doubt whether any large proportion of the Attorney
General's emoluments should be derived from fees. But since the system
of part payment by fees has been long established in British Columbia, I
am not prepared, without further evidence upon the subject, to require
its alteration.

I should wish to be informed however whether your experience which
now embraces several different Colonies would lead you to recommend the
adoption of a fixed salary and the abolition of fees.

With regard to the scale of fees, I have to observe that I have no
means of judging what is the amount of work imposed on Mr. Crease and
what the amount of emolument he is likely to desire from either of the
proposed scales.

In the following Colonies in which the Attorney General receives no
fees for Government work (and in some of which the expense of living is
great) the salaries of that officer are

Mauritius‹‹‹‹‹ ‹‹£1350‹‹‹‹‹no private practice
Ceylon‹‹‹‹‹ ‹£1500‹‹‹‹‹also an Advocate in Supreme Court
Hong Kong‹‹‹‹‹ ‹£1000‹‹‹‹‹and private practice
British Guiana‹ ‹£1125‹‹‹‹‹and private practice
Straits Settlements ‹ ‹£1000‹‹‹‹ ‹"
Jamaica‹‹‹‹‹ ‹£740 ‹‹‹‹‹‹‹ "
St. Vincent‹ ‹ £400 ‹‹‹‹‹‹ ‹"

The proportions which these salaries bear to the salaries of Judges
and other principal officers of Government will be seen from the
Colonial Office List.

Subject to any local considerations which you may be able to allege
it seems to me that Mr. Crease's fees should be so regulated that his
whole emoluments should bear the same proportion to those of other
Government Officers in British Columbia as the Attorney General's
Salaries bear in other Colonies.

The Colonial Accounts will I presume shew what has been the annual
amount of fees received by Mr. Crease, and for what kind of work, this
being settled it will probably not be difficult so to adjust the rate of
fees as to give him fair security for such income as he might to have
from Government.

It may be desirable in matters, if any, which originate with the
Attorney General to fix the fee at such a medium rate as to afford the
least possible inducement either to make or to escape work.

I have to request you to inform Mr. Crease that I have not been
able to form any judgment upon the papers sent to me as to the amount of
fees properly payable to the Attorney General of British Columbia but
that I have required a further report on the subject from you.



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FILE: 1870-01-24_Granville_to_Musgrave_B707007.txt
================================================================================

No. 7

I have the honor to acknowledge the receipt of your Despatch No. 33
of the 8th December, enclosing an extract from the Minutes of Council in
reference to the cases of three Indians convicted of murder and sentenced
to death, and reporting what decision has been finally arrived at in
each case.

You ask for instructions as to reporting similar cases for the
future, and in reply I have to inform you that as reports of Capital
Sentences are transmitted from the majority of the Colonies, I am of
opinion that the course hitherto adopted in British Columbia should be
adhered to.



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FILE: 1870-01-24_Hammond_to_Under-Secretary_of_State_B705FO02.txt
================================================================================

Hammond to Under-Secretary of State

With reference to Mr Otway's letter of the 17th instant, I am
directed by the Earl of Clarendon to transmit to you, to be laid
before Earl Granville, a copy of a despatch from Her Majesty's
Minister at Washington inclosing a printed copy of a Resolution
that has been presented to the Senate in regard to the question
of the cession of British Columbia to the United States.



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FILE: 1870-01-25_Hammond_to_Rogers_Permanent_Under-Secretary_B705FO03.txt
================================================================================

Memo, Hammond to Rogers (Permanent Under-Secretary)

Mr Hammond presents his Compliments to Sir F. Rogers and, with
reference to the Letter from the Colonial Office of the 11th
instant is directed by the Earl of Clarendon to state, for the
information of Earl Granville that the Queen's Exequatur
empowering Mr Matthew Trotter Johnston to be consul for British
Columbia to reside at Victoria for the North German
Confederation has this day received Her Majesty's Signature.

The Notification of Her Majesty's Approval of Mr Johnston's
Appointment will appear in the "Gazette" of the 28th instant.



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FILE: 1870-01-28_Granville_to_Musgrave_B707008.txt
================================================================================

No. 8

I am directed by the Secretary of State to inform you, with
reference to your Despatch No. 35 of 9 December, that the Queen's
Exequatur, empowering Mr. M.T. Johnston to act as Consul for the United
States in British Columbia, received Her Majesty's signature on the 25th
Instant, and that the notification of Her Majesty's approval of the
appointment of Mr. Johnston will appear in the Gazette of the 20th
Instant.



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FILE: 1870-01-29_Holland_to_Secretary_of_State_B706H01.txt
================================================================================

Holland to Secretary of State

Some Parties who take an interest in promoting Emigration to a
British Colony have had their Attention directed to
British Columbia and are desirous of procuring Information and a Map
with any description
they can procure of the Climate Land &c. If you have got any
such Information if you would favour me with the same I will
feel obliged, and naming the
Conditions Government give Grants upon.



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FILE: 1870-01-29_Musgrave_to_Granville_B70008.txt
================================================================================

No. 8

I have had the honor to receive Your Lordship's Despatch No 104
of the 15th November, 1869, transmitting copy of a Letter from
the Secretary of the Aborigines Protection Society relative to
the condition of the Indians in Vancouver Island.

2. If the statements made in Mr Sebright Green's Letter
forwarded to Your Lordship by the Society were statements of
facts they would be matter of great reproach to the Colonial
Government; but I have satisfied myself that his representations
are in some cases quite incorrect, and in others greatly
exaggerated. As the circumstances alleged and referred to by
Mr Green were antecedent to my acquaintance with the Colony I
referred his Letter to Mr Trutch, the Commissioner of Lands and
Works, and Surveyor General, for a Report; and I now enclose a
Memorandum from that Officer upon the subject. From other
sources of information I have every reason to believe Mr
Trutch's Statements to be correct.

3. It is very difficult if not impossible to place Indian
Tribes exactly in the same position as more civilized races but
they do substantially enjoy equal protection from the
Government; and I believe that those of them who are most in
contact with the white population quite understand that this is
the case. Complaints are frequently brought by the Indians in
the neighbourhood of Victoria before the Police Magistrate
against each other. And since my arrival here Indians have been
the principal Witnesses in trials for Murder.



================================================================================
FILE: 1870-01-29_Musgrave_to_Granville_B70009.txt
================================================================================

No. 9

I have the honor to forward to Your Lordship the Colonial
Estimates for 1870 accompanied by a Report, from the Auditor
General, and all the Returns which appear to be required by the
Instructions contained in Your Despatch No 86, of the 18th
August last. I have been obliged to bestow much personal
attention and pains upon the preparation of these papers. They
would have been forwarded earlier but for the unfortunate
accident which still confines me a Prisoner in my bed. They are
now I hope nearly as accurate as it is practicable to make them
in this Government; but the great distance from Victoria of some
Districts prevents Returns from them being received in time to
be included and the Statements are therefore in some respects
necessarily only approximate.

2. The Financial position of the Colony is not satisfactory to
me. The Revenue appears to have been hitherto almost regularly
overestimated for several years, while annual Votes have almost
as regularly been exceeded. The result is a balance on the
current Bank Account to the Debit of the Colony on the 31st
December, amounting to $27,348, twenty seven thousand, three
hundred and forty-eight dollars, bearing compound Interest at 12
per cent per annum; while there are Loans outstanding, for the
most part overdue, and for the liquidation of which no provision
has been made, amounting to $291,632, two hundred and ninety one
thousand, six hundred and thirty two dollars more, and of which
the greater part bears interest also at twelve per cent—making
altogether the sum of $318,980—three hundred and eighteen
thousand, nine hundred and eighty dollars, or £65,768, sixty
five thousand, seven hundred and sixty eight pounds, which will
be found in the Statement of Liabilities under the head of
Temporary Loans. I annex a detailed Statement shewing the items
of which the total is composed.

3. It is not right that this debt should remain without
provision for its repayment. So long as they receive 12 per
cent the holders of the Debentures and the Bank of British
Columbia may not press for settlement; but they might do so at
any time, and in that case the Colony is without the means of
meeting its engagements. The Colonial Securities Company hold
more than one third of the Debentures. I have reason to believe
that they would take up the whole of this debt at six per cent
interest under new arrangements, guaranteeing the issue of the
loan at not less than 85 per cent, and probably better terms may
be obtained. But even at 85 per cent, if the Loan should be
payable in thirty years, the annual provision for interest,
sinking fund, and expenses of the loan would not amount to ten
per cent and such an arrangement would be far more advantageous
to the Colony than the present state of the finances.

4. Under these circumstances I propose to introduce an
Ordinance in the Legislative Council to authorize the
consolidation of the floating debt. I believe it to be unlikely
that we could raise a loan on better terms by advertizing for
Tenders in London just now, than may be obtained by private
negociation with the Colonial Securities Company, while much
time would be consumed by so doing, and the state of affairs on
the Continent may tend to raise the price of money in a few
months. Unless therefore Your Lordship should forbid my
proceeding by Telegraph, I shall assume your permission to make
such arrangements as the Council may concur with me in regarding
as desirable.



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FILE: 1870-01-31_Julyan_to_Sandford_Assistant_Under-Secretary_B705AG01.txt
================================================================================

Julyan to Sandford (Assistant Under-Secretary)

In reply to your letter of the 9th ultimo, relating to the
Public Debt of British Columbia, I have the honor to offer for
Earl Granville's information the following observations on the
suggestions contained in the enclosures to that letter.

2. There can be no manner of doubt but that the devotion of one
third of the revenue of the Colony to the payment of Interest
and Principal on the public debt proves a heavy burden on the
local Exchequer, but it may fairly be supposed that the
re-productive works—as represented at the time of borrowing—upon
which the money was expended are by this time yielding
a portion, if not the whole, of the amount required to meet the
annual charge which the debt involves. And if this be so, then
there can be but little to object to with regard to the nature
of this burden.

*

3. The Debts of the Colony—English and Colonial—and all
particulars respecting them, are given in the enclosed Statement marked
A.

4. The sums payable annually in respect of those debts are as
follows, viz,

For the first 2 1/2 years £32,590

The next 7 1/2 years 25,090

The next 1/2 year 21,090

The next 9 1/4 years 16,090

The final 5 1/4 years 7,840

making a total sum, to be provided between the present date and
1st January 1895, of £470,187 which, added to the amount
already in the Sinking Fund, makes a total of £547,394, which
will still be required to meet the interest and pay off the
capital when due.

5. The contributions to the Sinking Funds are certainly high,
but most of them were I believe originally determined on the
understanding that the money was to be invested in Imperial
Securities paying about 3 per cent, whereas all investments have
for some time past been made in Colonial Debentures yielding on
an average at least 5 per cent.

6. Should the latter rate of Interest be maintained throughout,
then the liabilities of the Colony in this respect will
gradually decline until 1st January 1895, when they will be
totally extinguished.

7. The suggestion made by the Acting Colonial Secretary for
diminishing the present very heavy annual burden borne by the
Colony, by substituting a new Loan which would spread the
liability over fifty years, for the several comparatively short
Loans now in existence, is in theory perfectly sound, and has
been adopted by other Colonies—notably so in the case of New
Zealand last year, when the Crown Agents devised a scheme by
which £28,500 a year, and the accumulations in the Sinking
Funds, were saved to the Colony—but unfortunately the case of
British Columbia lacks that one element which forms the very
essence of all such schemes, vizt—good public
credit!
Without this quality who could be expected to exchange a
Debenture payable in 1873 for one which would not become due
until 1920?

8. As illustrative of the actual state of affairs in this
respect, I may observe that during the last month the Crown
Agents purchased British Columbia Debentures due
in 1894 at 95, whereas they found it impossible to buy those
falling due in 1873 at 100.

9. The difference in time between these two Loans is 21 years,
and that between the maturity of the 1873 Loan, and the proposed
50 years Loan is 47 years.

10. The basis of such an operation would be the Market value of
the
new 50 years 6 per cent Debentures, and if for example we suppose
them to be saleable at 85, it would be necessary to issue 118 of
the new (or nearly so) in exchange for 100 of 1873. This
process applied to the whole of the existing debt, would so
increase its amount as to render the operation undesirable.

11. I think it possible however that the debt of the Colony
might be dealt with in another manner, which would afford no
inconsiderable relief to the debtors, vizt as follows:

1st Pay off the £50,000 due on 1st January 1873 at par, out
of the present Sinking Fund—or failing this, then set aside so
much of that fund as would produce sufficient to meet the
Interest thereon during the three years still unexpired, and pay
off the principal at the end of that period.

2nd Devote the balance which would still remain in the Sinking
Fund—after paying contingent expenses therefrom—to the
extinction of a part of the local Debt. See Statement marked B
enclosed.

3rd Create new Debentures to an extent corresponding to those
maturing in the years 1883 and 1894, but bearing interest at
6 1/4 instead of 6 per cent, and let these new Debentures be
redeemable at par by a 2 per cent cumulative Sinking Fund
devoted to annual Drawings, which would spread the operation
evenly over 23 years (£190,000/See Statements A and B).

4th Offer the new Debentures in exchange for the old at par,
thus holding out the inducement of a 1/4 per cent more Interest,
and whatever advantages might be gained from the chance of
drawing at par, whenever the Debentures were at a discount in the Market.

5th Issue a further number of these new Debentures sufficient
to realize in the London Market enough to pay off the balance
of the local Debt (£33,000/Statemt B).

12. The benefit which the Government might reasonably expect to
derive from the operation—supposing all the present holders to
fall into the scheme, and supposing the new Debentures which it
is proposed to sell to pay off the balance of the present local
debt could be placed in the Market at or about par—would be the
immediate reduction of the annual charge from £32,590 to
£18,397. And although this difference would be lessened as
time elapsed, and instalments of the existing debts were paid
off, yet it would continue to be very considerable for the
following ten and a half years, and—including provision for
extinguishing the local debt—would result finally in the
payment of about £47,000 less in the aggregate than will
otherwise have to be paid. See Statement A.

13. These calculations are based on the supposition that the
Sinking Fund of the old Loans will continue to return interest
at an average rate of 5 per cent, but should this rate not be
maintained throughout, then the difference in favor of the
suggested measure would be increased in proportion to the
diminished productiveness of the old Funds.

14. On the other hand, in paying off the debt by annual
drawings, all uncertainty will be obviated, notwithstanding any
fluctuation that might take place in the current rate of interest.

15. To carry out such an operation as I have suggested, it
would be necessary to pass a new Loan Act authorizing the issue
of the 6 1/4 per cent Debentures to an extent not exceeding
£223,000. Or to provide against the possibility that Debentures
for £33,000 to be sold to pay off local debts, might not realize
the estimated price, it would be prudent to authorize the issue
of £225,000, limiting the application of the new Loan exclusively
to the extinction of existing Debts, and providing a 2 per cent
cumulative Sinking Fund payable half yearly.

16. The principal, interest, and contribution to Sinking Fund,
should be charged preferentially on the Revenue and Assets of
the Colony, reserving always the rights of such holders as may
not choose to come into the new scheme.

17. Authority should also be taken in the same Act for
appropriating the sums already accumulated in the Sinking Fund
of the old Loans, in the manner before described with similar
reservations.

18. With regard to the Sinking Fund of the new Loan it will be
sufficient to enact that it be applied exclusively to the
extinction of the debt, in such manner as the Secretary of State
for the Colonies may direct, without describing the particular
mode in which it shall be used for that purpose.

19. By a cumulative Sinking Fund it is to be understood that
the annual charge would continue at £18397 throughout the whole
23 years, and that the drawn Bonds would be vested in the
Trustees, who would thenceforward receive the interest thereon
and devote it, together with the 2 per cent contributions, to
the annual drawings, so that eventually they would become the
holders of the whole issue.



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Telegram

Needham accepts will leave in a month.



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FILE: 1870-02-01_Briggs_to_Under-Secretary_of_State_B705AD01.txt
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Briggs to Under-Secretary of State

I am commanded by My Lords Commissioners of the Admiralty to
acquaint you, for the information of Earl Granville, that a
Letter has been received from Vice Adml Hastings, dated 5th
Janry No. 4 in which he States that Captain Lyons (H.M.S.
"Charybdis") had Visited the Camp at San Juan Island, and found
everything Connected therewith in a Very Satisfactory Condition.

2. The Admiral further reports that the "Charybdis,"
"Sparrowhawk" & "Boxer" were at Esquimalt, and that the latter
Vessel had been employed in removing the Light Vessel off the
mouth of the Frazer River, which Vessel had parted one of her
Cables during Severe heavy Gales recently experienced in the
locality; the "Boxer" subsequently visited New Westminster.



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Confidential

I have the honor to acknowledge the receipt of your Confidential
Despatch of the 22nd November enclosing Copy of a Minute by Mr. Harnley
on the subject of the advantages which would accrue to British Columbia
if it were included in any Treaty for Commercial Reciprocity between the
British North American Possessions and the United States.

Although the course taken by the United States puts the question to
rest for the moment, I am glad to have been made aware of your views in
regard to it, and to have perused Mr. Harnley's sensible and apparently
well considered Minute.

I take this opportunity to transmit to you with reference to Mr.
Seymour's Despatches of the 4th February and 17th March last a Copy of a
letter from Mr. Villars on the same subject together with a Copy of a
letter from Sir John Rose to whom the correspondence was referred.

A Copy of your Confidential Despatch and of the above
correspondence has been sent to Sir John Young with whom you will be at
liberty to communicate should negotiations on this important matter be
resumed at any future date.



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No. 10

On the 31st ultimo I received a Telegram from Your Lordship as
follows—"Offer Needham Chief Justiceship Trinidad. Salary eighteen
hundred. Answer by telegraph what date he can leave. Puisne
Judge will be sent out."

2. I replied on the same day—"Needham accepts—will leave in
a Month."

3. Today I have transmitted another Telegram as follows—"May
Crease have Puisne Justiceship. Salary small to tempt man
from England—expenses so great."



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No. 11

In Your Lordship's Despatch No 111 of the 17th December my
attention was called to the Duke of Buckingham's Despatch No 69
of 31st August 1868, as one which should have been included
in the Schedule of those unanswered. That Despatch refers to
the Ordinance No 18 of 1867 "to amend the duties of Customs"
and to a Report from the Commissioners of Customs, said to be
therein transmitted, suggesting alterations in sections
four and eight of the Ordinance.

2. I think there must have been some accidental substitution
of one Report for another in respect of the Enclosure forwarded.
The one received is dated 23rd July 1868, No 293—and does
not suggest any alterations in sections
four and eight.
It seems to refer to a previous report; and treats principally
of section
seven of which, with the other provisions of the Ordinance
mentioned, the Commissioners appear not to disapprove.

3. But in any case, unless Your Lordship should regard it as
imperatively necessary to do so, I should be unwilling at
present to open any discussion upon the Customs duties Ordinance
by suggesting amendments to the Council.



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Confidential

I transmit to you Copies of two letters which I have received from
the Foreign Office with Despatches from Her Majesty's Minister at
Washington respecting a Memorial said to have been signed by a number of
Residents in Victoria, British Columbia, and addressed to the President
of the United States with a view to his endeavouring to induce Her
Majesty's Government to consent to the transfer of the Colony to the
United States.

The Memorial is printed in the "Morning Chronicle" of the 3rd
January and the debate on the subject appears in the "Daily Globe" of
the 11th of that month.



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No. 12

With reference to Your Lordship's Despatch No 63 of 28th June,
on the subject of the Ordinance No 11 of 1869, "respecting
Pre-emption claims," in which you transmitted for consideration
a Copy of a Report upon the provisions of that Ordinance by the
Emigration Commissioners—I have the honor to acquaint Your
Lordship that in the preparation of the Ordinance by the
Attorney General and the Chief Commissioner of Lands and Works
the provision for the summary remedy suggested by Mr Murdoch
was purposely omitted in order to ensure the easy passage of the
Ordinance, and particularly to avoid the appearance in a Colony
where it is so much desired to encourage settlement, of too
urgent pressure on "bona fide" settlers perhaps unable to pay up
promptly. It is thought that this latter reason is still
operative and under the circumstances it may be inexpedient to
introduce any amendment of the Ordinance until absolutely
necessary.



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No. 13

Referring to Your Lordhship's Despatch No 7 of 1st February
1869 I have the honor to report that in accordance with Your
Lordship's instructions the necessary steps shall be taken
during the present Session to bring the Ordinance respecting
"Practitioners in Medicine and Surgery" into conformity with the
Imperial Legislation on this subject.



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No. 14

I have the honor to forward the Minutes of the Executive Council
for the half year ended 31st December, 1869.



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No. 15

I have the honor to acknowledge the receipt of Your Lordship's
Despatch of 14th January, forwarding the undermentioned
Parliamentary Papers.

Consuls Commercial Reports—Nos 6, 7, 8—of 1869. 2 copies.

Ditto—Nos 1 & 2, 1869. China & Siam. 2 copies.

Reports of Secys of Embassy & Legation—No 4 of 1869. 2
copies.



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No. 16

I have the honor to acknowledge the receipt on the 10th instant
of your despatches, of the numbers and dates noted in the margin,

*

and to transmit the Schedules of those remaining unanswered.



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No. 9

I have the honor to acknowledge the receipt of your despatch No. 42
of the 27th December requesting that you may be allowed leave of absence
for about two months, to take effect after the termination of the
Legislature Session, in order to enable you to visit New York on a
matter of personal moment to yourself.

I have much pleasure in granting you the leave for which you apply,
but I regret that I am unable to accede to your request for permission
to draw full salary during your absence from the seat of Government.

I do not think I should be justified in allowing, on the grounds
you put forward, such a departure from Established rules, neither do I
consider that it would be desirable, except under peculiar
circumstances, to appropriate any portion of the Crown Fund towards the
payment of the Officer who would temporarily administer the Government
during the absence of the Governor.



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Northbrook to Under-Secretary of State

With reference to the letter from this Office of 22 April 1867
54/[Esqrs?]/2549 containing a Claim of
£675.2.4 for Stores supplied for service of the Colonial
Government British Columbia, and to the subsequent
correspondence, and the letter from the Colonial Office of 29
January 1869, I am again directed by Mr Secretary Cardwell to
request you will state whether any further steps have been taken
towards the settlement of the Claim in question.



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Lushington to Under-Secretary of State

With reference to Sir F.R. Sandford's letter of 25 October last
stating that Lord Granville had requested Mrs Seymour, the Widow
of the late Governor of British Columbia, to pay to the credit
of Naval Funds the sum of One pound four shillings and six pence
(£1.4.6), being the cost of washing linen belonging to the Poop
Cabin of Her Majesty's Ship "Sparrowhawk" when occupied by Mr
Seymour, I am commanded by my Lords Commissioners of the
Admiralty to acquaint you, for the information of Lord
Granville, that the amount has not yet been paid, so far as
advices have been received, and to request that you will move
his Lordship to call the attention of Mrs Seymour to the matter.



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No. 10

I transmit to you a Copy of a Petition addressed to Her Majesty by
Mr. G.E. Nias in which he prays that his title to certain land preempted
by him in Vancouvers Island in 1863 may be recognized.

I also annex a copy of the reply returned to Mr. Nias.



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No. 11

I have the honor to inform you that the Accountant General of the
Navy has preferred a claim against your Government for Stores supplied
in March 1867 to the British Columbia Government Steamer "Sir James
Douglas."

The amount of this claim is 18s/9d as you will observe from
the annexed statement, and I have to request you to enquire and to
report to me whether it is correct.



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No. 12

I have to call your attention to my predecessor's despatch to the
late Mr. Seymour No. 63 of the 21st August 1868 and to previous
correspondence respecting a claim against the Government of British
Columbia for £675.2.4 on account of Stores supplied by the War
Department for the service of the Colony.

You will observe that the settlement of that claim was allowed to
remain in abeyance owing to the financial difficulties in which the
Colony was then involved. I trust however that in consequence of the
improved state of its finances you will have no difficulty in remitting
to the Crown Agents the amount in question for payment to the War
Department.



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No. 17

I have the honor to forward Printed Copies of the Message with
which I caused the Session of the Legislative Council to be
opened on the 15th instant, and of the Address which has been
presented to me by that Honorable body in reply.

2. Your Lordship will observe that the most important subjects
referred to in my Message are the proposed Union of this Colony
with the Dominion of Canada, and the change in the local
Constitution which, having reference to that measure, I stated
it to be my intention to ask for authority to establish in
anticipation of it.

3. Upon these questions I shall address Your Lordship separately
in other Despatches, and I trust I shall obtain Your approval of
the course which I propose to pursue as stated in my Message.
That declaration of the policy of the Government appears to give
very general satisfaction in the Colony and I am informed has
silenced some idle discussion upon "annexation" to the United
States which had arisen from the apprehension that Her Majesty's
Government intended to force the Colony into Union with the
Dominion at the instance of Canada and without reference to the
true interests and wishes of the Colonists.



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No. 18

I have had the honor to receive Your Lordship's Despatch of the
31st December, No 113 in which you express your wish that I
should use my own judgment respecting the mode and time of
bringing the question of Union with Canada before my Council,
and that I should not consider myself bound to bring forward any
formal proposal unless I think that by so doing I shall promote
the acceptance of the Union.

2. My Despatch No 17 of this date transmitting the Message
with which I opened the Legislative Session will have acquainted
Your Lordship that I have already brought the question forward;
and will have shewn the mode in which I have done so.

3. I now have the honor to forward Copies of the Resolution
which it is proposed to pass embodying the terms on which this
Colony would be willing to join the Dominion, and I also enclose
a Copy of the Despatch in which I have transmitted the same
papers to Sir John Young.

4. There is but little that I could at present add with
advantage to the observations which I have made in that
Despatch. It now remains to be ascertained to what extent the
Government of Canada can fulfil the expectations of this Colony.

5. As I had anticipated, some of the most prominent agitators
for Confederation are greatly dissatisfied that "Responsible
Government" forms no part of the proposals which I have brought
forward; but on the other hand an important section of the
Community having much larger interest at stake in its welfare, I
have reason to believe are pleased that so great a change in the
form of the local Government is not regarded as expedient; and
are much reassured by finding that there is no desire to force
Confederation upon the Community without time being afforded
for consideration.

6. I am sure that the course which has been adopted will not
hinder assent to Union, and indeed I have confidence that it
will be promoted by putting the proposal before the Community in
an intelligible form, and not as a party question.



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Northbrook to Under-Secretary of State

I am directed by Mr Secretary Cardwell to forward herewith a
Statement of Stores supplied for service of the Guard House,
Government House Victoria, British Columbia, amounting to
£4.0.8, and to request you will cause the said amount to be
transferred to the credit of Army Funds in the books of the
Paymaster General according to Receivable Order No 14/1308
dated 21 Feb 1870.



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No. 19

In reply to the enquiries made in Your Lordship's Despatch No
1, of the 10th January, I have the honor to acquaint you that
the sum of $12,421 37/100, equal to £2,561.2.2, Two Thousand,
five hundred, and sixty-one pounds, two shillings, and twopence,
sterling, was drawn from the Crown Fund of Vancouver Island by
the late Mr Seymour on account of Salary to the Governor; and
that the accounts of that Fund have not been sent home for Audit
since the Union of the Colony with British Columbia.

2. I would submit for Your Lordship's consideration whether
this fund and its sources may not now with propriety be
transferred to the General Revenue as the Civil List of
Vancouver Island has been provided for by the Union of the
Colonies. The greater part of the accumulations of the fund has
already in fact been so transferred as a Loan, as will be
observed on reference to the Returns forwarded in my Despatch
No 4 of the 7th Ultimo.



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Coutts to Granville

I have been for some time considering whether it was not my duty
to forward you the enclosed copy of a letter received by my
Solicitors from the Gentlemen, acting as Solicitors to the
Society for the Propagation of the Gospel and I presume also for
The Trustees to the Colonial Bishopricks Fund. It struck me
as a most singular, not to say unparalled suggestion that a
Crown Dependency Would probably & that shortly "select a
Sovereign power for itself," and that any deed which a
British Subject may be called upon to execute, Should be
framed with a consideration to such a contingency; most
certainly it is a position totally alien to any I contemplated
when I provided Emoluments in English Colonies to which
arrangement the whole of the Archbishops & Bishops of the
Church were parties and which was satisfied by the Crown.
In consequence of the illness of the Archbishop of Canterbury
I have been unable to communicate with him and I
am therefore unaware whether the letter from the
Solicitors of the Society at 77 Pall Mall has come under His
Graces Notice. I however thought it possible that they might be
aware of some intention on the part of the Government to give
up British Columbia.

The recent debate in Parliament and the answer
given by the Home
Secretary to a Deputation, which visited upon him upon the
subject of Emigration seems to negative such a supposition, and
I think it therefore right to place the subjoined copy of the
letter in your hands. The actual subject under discussion
relates to the establishment of the Archdeacouries

of British Columbia and the question is, with whom the
 the reversionary interest should rest.

Whether with me and my heirs or with the Socty for the
Propagation of the Gospel, Should the object Fail, which I
had in view when I provided the Emoluments, which object was
set forward in the Declaration of Lambeth in 1843 by the
Archbishop & Bishops and subsequently received the approbation
of the Queen in Council—but it is not to discussions on account
of this, that I am induced to place this letter in Your
Lordships hands, but that I have been so much impressed with the
very unusual contingency set before me, by persons representing
Individuals holding high State offices that it has scarcely
seemed to me right not to communicate its contents to you.



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No. 13

I caused so much of the Blue Book Report for 1868 as refers to the
Public Debt of British Columbia to be forwarded to the Crown Agents for
any observations which might occur to them, and I now transmit to you a
copy of the reply which I have received from Mr. Julyan. His scheme
appears to me to indicate under all the circumstances of the case the
best practicable mode of lightening the burden of the existing debt, and
to deserve the very careful consideration of your Council to whom I have
to request you to submit it.



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No. 20

In the Message with which I caused the Legislative Session to be
opened on the 15th instant, Your Lordship will observe that I
stated it to be my intention to recommend such a modification of
the present Legislative Constitution as would permit a majority
of the Members of the Council to be formally returned for
Electoral Districts. Such a course seems to me to be
unavoidable if any suitable arrangements are to be made for the
local Government under Confederation with Canada; and many
reasons seem to render it expedient that the change should
precede any final arrangement of terms of Union. Pressure is
being made to introduce Responsible Government, for which the
Community is not fit. That pressure will be more easily
resisted now, than subsequently to Confederation. The existing
form of Government as a Crown Colony could not continue in a
Confederated Province and it would be unwise in my estimation to
leave it in existence so long as to oblige a dangerous change
immediately after Union. In time to come no doubt "Responsible
Government" will be developed; but the leap from a Crown
Council of Nominees to that first and most easily abused of all
forms of representative administration, it would be well I think
to render less sudden by the introduction of some intermediate
modification.

2. I therefore submit for Your Lordship's consideration the
propriety of furnishing me with the necessary authority by Order
in Council for carrying into effect such changes as may be
determined upon. I am advised by the Attorney General that the
Council as at present established has no power to pass any
Ordinance to alter its own constitution. I confess I should not
have been of this opinion, though I am aware that any such Bill
must have been specially reserved for Her Majesty's decision.
But his view of the case prevents my introducing any measure for
discussion, and I can only present for your consideration my own
opinion and what I believe will upon the whole give satisfaction.

3. The Council at present consists of twenty two Members of
whom nine are appointed "in deference to the expressed wishes of
the people." The result is that de facto but not de jure they
are elected for different Districts. All the disadvantages, if
any, of legal election are suffered, and more, for aliens and
transient residents who are not British subjects have been
allowed to vote, and there has not latterly been any attempt to
recognize any franchise, though formerly there was a Franchise
established by Law in Vancouver Island. I do not see any
advantage in retaining what may be termed a hybrid Legislative
body which is neither a true Crown Council, nor an Assembly
partly representative such as I desire to see established. Of
the other thirteen Members of the Council eleven are paid
Officers of the Government. It will thus be seen that there is
not a majority at the absolute command of the Government unless
the Governor presides himself which has not been usual. But of
course when the Officers of Government vote compactly together
under direction the result is not often doubtful, and the fact
that the Governor may interpose his casting voice, if he
chooses, enables it to be said that the form of government is
practically a denial of representative Institutions. Now, I,
for my own part believe that measures for which the government
altogether fail to obtain any unofficial support in such a
community as this which is very dissimilar in character from
other Crown Colonies, can scarcely be such as it is desirable to
pass. With two unofficial Members in the Executive Council as
the Governors advisers, I should not be afraid of the
consequences of allowing the representative Members to have a
majority of seats in a mixed Legislative Council; while that
arrangement confers an appearance of liberality which is not
without its advantages.

4. The present body moreover is numerically larger than is
necessary now, or would be desirable after Confederation—and
there is some inconvenience arising from the attendance of the
Magistrates belonging to the Country Districts who are nominee Members.

5. What I propose therefore is the substitution of a Council of
fifteen Members of whom six should be appointed by the
Crown—The Colonial Secretary, Attorney General, and Chief Commissioner
of Lands and Words, being ex officio three of those six—and
that the other nine Members should be formally and legally
elected for the Districts at present designated, of which the
limits may require some more precise definition.

6. With such a Legislature I believe that the government would
morally be stronger and practically exercise quite as much
control, indeed, would receive more assistance, in the conduct
of public affairs than has hitherto been the case. The five
Official members of the Executive Council can always be members
of the Legislative body—three of them ex officio—and with the
two unofficial members making seven,

*

they in case of concerted measures, would only require the
adhesion of one more member to secure a majority. It is hard to
believe that upon any point the government should be so wrong as
to be unable to obtain that one vote among eight members
entertaining probably different opinions upon most points.

7. The names of the Districts in which there is now a quasi
election are

Victoria (Town) 2 Members

Victoria (District) 1 "

Nanaimo 1 "

Yale-Lytton-Clinton 1 "

Lilloett 1 "

Columbia & Kootenay 1 "

Cariboo 1 "

8. I would suggest that power might be given in the Order in
Council to settle the limits of these Districts by Proclamation.

9. As regards a franchise, none is possible, throughout the
largest part of the Colony. We must be content with universal
suffrage limited to British subjects. Hitherto practically the
members for the districts have been elected by universal
suffrage including foreigners. A system which I think it was
dangerous to introduce, and which, if allowed to continue would
very probably defeat Confederation.

10. In conclusion I should observe that I think it desirable
that a change should be made in the constitution so as to enable
reelection before finally deciding upon any terms of Union;
because I doubt that the true wishes of the Community can be
represented by the present Council. The unofficial Members are
equally divided so far as I know. And the Officials if left
altogether to their own discretion in the matter would upon the
whole prefer to leave things as they are. I think it would be
undesirable that so great a change should be carried into effect
by an enforced official vote. Reaction would be sure to follow
which would give trouble. While if the question is put fairly
to the Community, my present impression is that a large majority
of British subjects will be in favor of Union with Canada on
advantageous terms.



================================================================================
FILE: 1870-02-23_Musgrave_to_Granville_B70021.txt
================================================================================

No. 21

I have the honor to forward herewith, Returns of Revenue and
Expenditure for the third Quarter of last Year.



================================================================================
FILE: 1870-02-24_Council_to_Colonial_Office_B705CO01.txt
================================================================================

Council to Colonial Office



================================================================================
FILE: 1870-02-24_Council_to_Colonial_Office_B705CO03.txt
================================================================================

Council to Colonial Office



================================================================================
FILE: 1870-02-24_Musgrave_to_Granville_B70022.txt
================================================================================

No. 22

I have the honor to acknowledge the receipt of Your Lordship's
Despatch of 4th January, forwarding the undermentioned
Parliamentary Papers.

Blue Book Reports 1867, Part 2. 4 copies.

Ditto " " Part 3. 2 copies.



================================================================================
FILE: 1870-02-24_Musgrave_to_Granville_B70023.txt
================================================================================

No. 23

I have the honor to acknowledge the receipt on the 19th
instant, of your despatches, of the numbers and dates noted in
the margin,

*

and to transmit the Schedules of those remaining unanswered.



================================================================================
FILE: 1870-02-26_Rogers_to_Musgrave_B707014.txt
================================================================================

No. 14

I transmit to you a copy of a letter from the War Department
enclosing a Statement of Stores supplied for the service of the Guard
House Government House, British Columbia, at a cost of £4.0.8 which is
due to that Department.



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FILE: 1870-03-01_Granville_to_Musgrave_B707017.txt
================================================================================

No. 17

I transmit to you a Copy of a Voucher in support of a claim to
£11.0.8 made against the Government of British Columbia by the Lords
Commissioners of the Admiralty and I have to request you to report to me
whether that claim is correct.



================================================================================
FILE: 1870-03-01_Herbert_to_Musgrave_B707015.txt
================================================================================

No. 15

I received on the 4th of February a Telegraphic Despatch from you
in the following words: "Victoria, 31st January Needham accepts will
leave in a month."



================================================================================
FILE: 1870-03-01_Herbert_to_Musgrave_B707016.txt
================================================================================

No. 16

I received on the 4th of February a Telegraphic Despatch from you in
the following words: "May Crease have Puisne Justiceship. Salary small to
tempt man from England. Expense so great."



================================================================================
FILE: 1870-03-02_Maunsell_to_Under-Secretary_of_State_B706M02.txt
================================================================================

Maunsell to Under-Secretary of State

I have the honor to report that I arrived in England by the
last Canadian Mail Steamer from British Columbia.



================================================================================
FILE: 1870-03-04_Granville_to_Musgrave_B707018.txt
================================================================================

No. 18

I have the honor to transmit to you for your information and with
reference to your Despatch No. 3 of the 7th January a copy of a letter
which by my direction has been addressed to Mr. Young in regard to his
claim for compensation on account of the loss of his Office in
Vancouvers Island.



================================================================================
FILE: 1870-03-05_Hammond_to_Under-Secretary_of_State_B705FO04.txt
================================================================================

Hammond to Under-Secretary of State

I am directed by the Earl of Clarendon to transmit to you, to be
laid before Earl Granville, a copy of a Despatch from Her
Majesty's Minister at Washington, inclosing a printed Copy of a
Speech made in the United States Senate in April last by Mr
Howard with reference to the Convention for the Settlement of
the San Juan question which was signed by Lord Clarendon and Mr
Reverdy Johnson.



================================================================================
FILE: 1870-03-07_Granville_to_Musgrave_B707019.txt
================================================================================

No. 19

With reference to your Despatch No. 41 of the 24th December last,
reporting the provisional appointment of Messrs. Francis Jones Barnard
and Amor de Cosmos to be Members of the Legislative Council of the
Colony of British Columbia, I have to acquaint you that, having
submitted the name of Messrs. Barnard and Cosmos to the Queen in
Council, Her Majesty has been pleased to approve their appointment.

I transmit to you herewith a Warrant, under the Royal Sign Manual,
authorizing you to appoint those Gentlemen to seats in that Council
accordingly.



================================================================================
FILE: 1870-03-07_Granville_to_Musgrave_B707020.txt
================================================================================

No. 20

With reference to your Despatch No. 2 of the 1st January last,
reporting the provisional appointment of Messrs. John Sebastian Helmcken
and William Weir Carrall to be Members of the Executive Council of the
Colony of British Columbia I have to acquaint you that having submitted
the names of Messrs. Helmcken and Carrall to the Queen in Council, Her
Majesty has been pleased to approve their appointment.

I transmit to you herewith a Warrant, under the Royal Sign Manual,
authorizing you to appoint those Gentlemen to seats in that Council
accordingly.



================================================================================
FILE: 1870-03-07_Granville_to_Musgrave_B707021.txt
================================================================================

No. 21

With reference to the Telegram which I received from you on the 4th
of February I have the honor to inform you that Her Majesty has been
pleased to appoint Mr. H.P.P. Crease at present Attorney General of
British Columbia, to be Puisne Judge of the Supreme Court of British
Columbia as constituted under the XI Section of the Ordinance of your
Government No. 8 of 1869.

A Warrant for the Appointment of Mr. Crease will be forwarded to
you by an early opportunity.



================================================================================
FILE: 1870-03-07_Musgrave_to_Granville_B70023CO.txt
================================================================================

Confidential

I have had the honor to receive Your Lordship's Confidential
(Circular) Despatch of 1st February with its
enclosure respecting a question which had been raised as to the
precedency which should be allowed to Foreign Consuls in a Colony.

2. The question is not likely to arise in this Government; but
in any case of doubt I shall be guided by Your Lordship's instructions.



================================================================================
FILE: 1870-03-07_Musgrave_to_Granville_B70023CP.txt
================================================================================

Confidential

I have the honor to acknowledge Your Lordship's Confidential
Despatch of the 3rd February with its enclosures respecting a
Memorial said to have been signed by a number of residents in
Victoria, and addressed to the President of the United States
with a view to his endeavouring to induce Her Majesty's
Government to consent to the transfer of this Colony to the
United States.

2. I transmit to Your Lordship copies of Despatches which have
been recently interchanged by Mr Thornton and myself with
reference to this subject. My reply to him contains all that
really need be said upon a matter, which I believe to be of no
importance.



================================================================================
FILE: 1870-03-08_Granville_to_Musgrave_B707022.txt
================================================================================

No. 22

I have to acknowledge the receipt of your Despatch No. 40 of the
22nd December and to express the regret with which I learnt that the
late Mr. Seymour had withheld from the Legislative Council the Duke of
Buckingham's Despatch No. 40 of the 26th June 1868 respecting the then
unsatisfactory condition of the Courts of Justice in British Columbia.

I am very glad to have had it in my power to remove all the
difficulties which were then in existence by the promotion of Mr.
Needham to Trinidad and I have to request you, if you have not already
done so, to lay before the Council now the correspondence which should
have been presented to them immediately after its receipt by the late
Governor.



================================================================================
FILE: 1870-03-08_Granville_to_Musgrave_B707023.txt
================================================================================

No. 23

I informed you in my Despatch No. 21 of the 7th Instant that Her
Majesty had appointed Mr. Crease to be Puisne Judge of the Supreme Court
of British Columbia.

To the Office of Attorney General vacant by the promotion of Mr.
Crease I have appointed Mr. G. Phillippo, Queen's Advocate of Sierra
Leone.

I transmit to you for your information and with reference to my
Despatch No. 6 of the 22nd January a Copy of the letter which has been
addressed to Mr. Phillippo respecting the Salary and emoluments of his
new Office.

A Warrant for his appointment will shortly be forwarded to you.



================================================================================
FILE: 1870-03-08_Musgrave_to_Granville_B70024.txt
================================================================================

No. 24

In my Despatch No 19 of 22nd February I submitted for Your
Lordship's consideration the propriety of transferring the Crown
fund of Vancouver Island to the General Revenue. Before that
transfer takes place I would ask Your Lordship to permit me to
apply a sum not exceeding (£400) Four Hundred Pounds to the
purchase of a small quantity of necessary Furniture for the
Government House at New Westminster. The House is a good one,
but if it is altogether disused it will soon fall out of repair,
and it is not habitable at present for want of furniture. It is
desirable for many reasons apart from personal recreation or
convenience, that the Governor should be able occasionally to
reside for a few weeks or months at New Westminster, which is
the Chief Town of the Mainland and the former seat of Government
of the United Colony. The residents there would regard it as a
compliment that the Governor should sometimes visit them, and
excursions to the Upper Country can be more easily made from
thence.



================================================================================
FILE: 1870-03-10_Herbert_to_Musgrave_B707024.txt
================================================================================

No. 24

I sent this day at 5.15 P.M. a Telegraphic Despatch to you in the
following words: "Floating Debt Consolidation. Wait for Despatch sent
twenty Sixth February."



================================================================================
FILE: 1870-03-10_Musgrave_to_Granville_B70025.txt
================================================================================

No. 25

In reply to Your Lordship's Circular Despatch of the 3rd
December last, with its enclosures from the Treasury on the
subject of the Currency, I have the honor to forward Printed
Copies of the "Currency Ordinance 1867," the only local Statute
in force in the Colony with regard to Currency.



================================================================================
FILE: 1870-03-14_Granville_to_Musgrave_B707025.txt
================================================================================

No. 25

I have the honor to acknowledge the receipt of your Despatch No. 11
of the 2nd February relative to the Amendment of the Ordinance No. 18 of
1867 "to amend the Duties of Customs."

You are correct in supposing that my Predecessors Despatch did not
cover the Report of the Commissioner of Customs which it purported to
enclose.

I now transmit to you a Copy of the report in which objections were
stated to sections 4 and 8 of the Ordinance in question. Although I
concur in those objections and think them worthy of consideration I
leave to you to exercise your own discretion as to opening any
discussion upon them by suggesting amendments in the Ordinance.



================================================================================
FILE: 1870-03-14_Phillippo_to_Rogers_Permanent_Under-Secretary_B706P02.txt
================================================================================

Phillippo to Rogers (Permanent Under-Secretary)

I have the honor to acknowledge receipt by me on Saturday of
your letter of the 8th inst. informing me that Her Majesty had
been pleased to appoint me Attorney General of British Columbia.

In answer to your enquiry I beg to state that I shall be
prepared to leave this country as soon as the necessary
arrangements for the journey are completed that is to say early
in the beginning of next month or sooner if required.

As the expense of transit however is very heavy I trust that I
may be excused under the circumstances of my case for soliciting
an advance on account of Salary and I should be glad if the
Rules and regulations of the Colonial office admitted of my
receiving £150 on account being the amount which I calculate it
will cost me at least to get to Victoria.



================================================================================
FILE: 1870-03-15_Musgrave_to_Granville_B70026.txt
================================================================================

No. 26

On the 11th instant I had the honor to receive a Telegraphic
message from Your Lordship as follows:

Floating Debt consolidated. Wait for Despatch sent 26th
February.

2. I shall of course wait for that Despatch and be guided by
any instructions it may contain; but, as there is now some
prospect of obtaining a basis for negotiation with Canada for
the Union of this Colony with the Dominion, I do not at present
propose to deal with the floating Debt until it can be
ascertained whether an agreement for Union is possible, and what
financial arrangements can best be made under such
circumstances.

3. I still intend to introduce the Bill to give authority to
consolidate the debt; but not to use that authority unless it
should appear clearly expedient to do so.

4. The appropriation Act for 1870 is passed and shall be
forwarded to Your Lordship by the next Mail.



================================================================================
FILE: 1870-03-15_Musgrave_to_Granville_B70027.txt
================================================================================

No. 27

I have the honor to acknowledge the receipt on the 4th March,
of your despatches, of the numbers and dates noted in the
margin,

*

and to transmit the Schedules of those remaining unanswered.



================================================================================
FILE: 1870-03-16_Granville_to_Musgrave_B707027.txt
================================================================================

No. 27

I have had under my careful consideration Mr. Seymour's Despatch
No. 75 of the 16th April last enclosing An Ordinance passed by the
Government of British Columbia No. 21 of 1869 "to establish Public
Schools throughout the Colony of British Columbia."

I have delayed replying to that Despatch until after the
introduction into the Imperial Parliament of the Bill to provide for
Public Elementary Education in England and Wales of which I now transmit
to you a Copy.

As I read the British Columbia Ordinance the intention, if not the
effect of it, is to allow (as the Imperial Bill proposes to allow) any
School, Denominational or other, to receive a grant of Public Money as a
Common School, at the discretion of the Governor in Council.

The previous Ordinance of May 1865 requiring the Common Schools to
be strictly non sectarian, is repealed, but the Governor in Council may
require the Text Books used in Schools under the new Ordinance to be non
Sectarian, and the provision enabling the Minister of any Denomination
to teach Religion to the Children of his persuasion at convenient hours
is retained. There is however no "conscience clause" exempting
Scholars, whose Parents so desire, from attending such Religious
instruction as may be given in the School. Neither is there any
specific provision for ascertaining whether the existing school of a
District gives sufficient educational accommodation such as every sect
can avail itself of, nor for withdrawing aid from any such School which
fails or ceases to comply with this requirement.

The Ordinance appears in fact to be of a Rudimentary Character,
leaving too much to be filled in by the Governor in Council, and as the
Local Board are to have the power of imposing an Educational Poll Tax
upon all Males over 20 years of Age it is the more necessary that the
principal Regulations should be expressly defined in the Ordinance; so
as to make it clear to the people of each Denomination that their
Children may be taught their own Religion, and shall not except
by consent be taught any other Religion in the School.

I therefore recommend for the consideration of your Government the
amendment of the Ordinance by the introduction of a "Conscience Clause,"
thus leaving it permissible for the School of any Denomination to be a
"Common School" provided that it conforms to the Regulations contained
in that clause; and I would also suggest the adoption of the provisions,
so far as they are applicable and (Mutatis Mutandis) of the enclosed
Bill, especially the Clauses from 82 to the end; because they furnish a
Machinery useful for many purposes not at present provided for in the
Ordinance. I need hardly however, remind you that the circumstances
under which Mr. Forster's Bill has been framed are in a great degree
peculiar to England, and that many of its details are consequently not
suited for adoption by your Council in their present form.

I make these suggestions in the belief that the Ordinance if so
amended would still be in accordance with the present balance of opinion
in the Colony.

In order, however, that you may be in possession of further
information on the subject, I also transmit to you herewith a Copy of an
able Report lately made by Mr. Keenan upon Education in Trinidad
containing well considered suggestions, some of which it is probable
that your Council may be prepared to adopt.

I approve of the proposed expenditure for Educational purposes for
which provision has been made in the Estimates for the Current year.



================================================================================
FILE: 1870-03-16_Rogers_to_Musgrave_B707026.txt
================================================================================

No. 26

I have the honor to acknowledge the receipt of your Despatch No. 14
of the 11th February enclosing the Minutes of the Executive Council of
British Columbia for the half year ended 31 December 1869.



================================================================================
FILE: 1870-03-18_Granville_to_Musgrave_B707028.txt
================================================================================

No. 28

With reference to my Despatch No. 21 of the 7th Instant I transmit
to you herewith the Queen's Warrant for the appointment of Mr. Henry
Pering Pellew Crease to be a Puisne Judge for the Colony of British
Columbia.

The Crown Agents for the Colonies have been instructed to pay to Mr.
Gairdner the Chief Clerk of my Office, the sum of Thirty Shillings, being
the price of the Stamp on the enclosed Warrant; and you will call on Mr.
Crease to repay this amount into the Colonial Treasury.



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FILE: 1870-03-18_Granville_to_Musgrave_B707050.txt
================================================================================

No. 50

I have received your Despatch No. 32 of the 5th April, enclosing a
copy of a debate on the subject of confederation with Canada and a copy
of the resolution passed on the subject by the Legislative Council of
British Columbia. I have much pleasure in acknowledging the ability
with which this question has been debated, and the evident desire of the
Council, should be treated not as a matter of party warfare but in the
interest of the Colony as a whole.



================================================================================
FILE: 1870-03-21_Murdoch_to_Rogers_Permanent_Under-Secretary_B705LN01.txt
================================================================================

Murdoch to Rogers (Permanent Under-Secretary)

I have to acknowledge your letter of 17th inst with a despatch
from the Governor of B. Columbia on the subject of the Ordinance
respecting payment for Preemption claims.

2. In a report dated 29th May 1869 I suggested that a summary
mode should be provided of enforcing payment of the purchase
money of preemption claims which had been surveyed by the
Government on the application of the claimants, instead of
leaving it to be recovered by the ordinary course of Law. Governor
Musgrave says that this point was considered when the Ordinance
was in preparation, and was purposely omitted to prevent the
appearance of pressing on bonâ fide Settlers unable to pay.
He considers that the same reason still exists and that it is
inexpedient to introduce any amendment of the Ordinance till
absolutely necessary. I presume that under these circumstances
Earl Granville will not press the amendment—but it is obvious
 that without a summary mode of procedure the Preemption payment
Ordinance will have but little practical effect.



================================================================================
FILE: 1870-03-23_Chesson_to_Granville_B705MI01.txt
================================================================================

Chesson to Granville

I beg to thank Your Lordship for the report on the Indians of British
Columbia which has been forwarded to this Board of Trade by Mr Herbert.

As our only object is to elicit the truth, we shall very gladly give
all the publicity in our power to the documents which your Lordship has
received from Governor Musgrave.



================================================================================
FILE: 1870-03-23_Granville_to_Musgrave_B707029.txt
================================================================================

No. 29

With reference to my Despatch No. 23 of the 8 March, I have the
honor to inform you than Mr. G. Phillippo the newly appointed Attorney
General of British Columbia proposes to leave this Country for the
Colony early in April.

I have authorized the Crown Agents to advance him £150 on account of
the Salary due to him in that capacity.



================================================================================
FILE: 1870-03-23_Stansfeld_to_Under-Secretary_of_State_B705TE02.txt
================================================================================

Stansfeld to Under-Secretary of State

I am directed by the Lords Commissioners of Her Majesty's
Treasury to transmit to you, herewith, for the information of
the Secretary of State with reference to your letter of the
28th April last transmitting an account of the Expenditure up
to the 31st December 1868 for services in connection with the
Military occupation of San Juan, the accompanying copy of a
letter from the Admiralty dated the 14th instt as to the
expenses of the Detachment of Royal Marines at San Juan since
that date, and I am to request that the Governor of British
Columbia may be instructed to forward as soon as possible the
statement of expenditure for this service for the Quarter ended
31st March 1869, if it has not been already received, and
to transmit for the future the accounts for this Service within
the period specified by the Admiralty.



================================================================================
FILE: 1870-03-24_Granville_to_Musgrave_B707030.txt
================================================================================

No. 30

I have the honor to acknowledge the receipt of your Despatch No. 12
on the 5th February, on the subject of the Ordinance No. 11, 1869
respecting "Preemption Claims."

Under the circumstances stated to you I can understand that it may
be expedient to introduce into that Ordinance any amendment providing a
summary mode of enforcing payment of the purchase money of preemption
claims which have been surveyed by the Government on the application of
the claimants instead of leaving it to be recovered by the ordinary
course of the Law.



================================================================================
FILE: 1870-03-24_Maunsell_to_Under-Secretary_of_State_B706M03.txt
================================================================================

Maunsell to Under-Secretary of State

I have the honor to request that you will lay my claim to be
re-imbursed the sum of one hundred and ten pounds, the amount of
expenses incurred by me in returning to England from British
Columbia, before the Secretary of State for his Lordship's
favorable consideration.

In support of my application I venture to observe that Governor
Seymour died while in the discharge of his Official duties and
within a few months of the time when in the ordinary course of
events he would have become entitled to the sum of £800 out of
the Fund available for the Passages granted to Governors on
retirement under the Rules and Regulations for Her Majesty's
Colonial Service. Out of this sum my Passage would have been paid.

*

I beg to state that I remained in the Colony, at my own expense,
for some time after the arrival of Governor Musgrave, believing
it to be my Public duty in consequence of the sudden death of
Mr Seymour to afford any information in my power to the New Governor.



================================================================================
FILE: 1870-03-25_Granville_to_Musgrave_B707031.txt
================================================================================

No. 31

With reference to my Despatch No. 23 of the 8th Instant, I transmit
to you herewith the Queen's Warrant for the appointment of Mr. George
Phillippo to be Attorney General for the Colony of British Columbia in
the room of Mr. H.P.P Crease.

The Crown Agents for the Colonies have been instructed to pay to
Mr. Gairdner the Chief Clerk of my Office, the sum of Thirty Shillings,
being the price of the Stamp on the enclosed Warrant; and you will call
on Mr. Phillippo to repay this amount into the Colonial Treasury.



================================================================================
FILE: 1870-03-25_Granville_to_Musgrave_B707032.txt
================================================================================

No. 32

I forward to you herewith for your information and guidance and
with reference to your Predecessors Despatch No. 21 of the 25th February
1869 a copy of a letter from the Treasury enclosing a copy of one from
the Board of Admiralty requesting to be furnished with the Statement of
expenditure in connection with the occupation of San Juan for the
quarter ended the 31st March 1869 and suggesting the earlier
transmission of those returns for the future.



================================================================================
FILE: 1870-03-25_Julyan_to_Under-Secretary_of_State_B705AG02.txt
================================================================================

Julyan to Under-Secretary of State

In compliance with the request expressed in Sir F. Rogers'
letter of the 31st January, 1870, I have to report that the sum
of £2,250 has been received by the Crown Agents, being a further
contribution due to the Sinking Fund of the British Columbia
Government Loan of 1862.

This amount has been invested under the authority of the

Colonial Office letter of the 24th Jany 1870 (as p[er] margin)

*

on behalf of P.G. Julyan and Gordon Gairdner Esqres who are the
Trustees.



================================================================================
FILE: 1870-03-25_Musgrave_to_Granville_B70028.txt
================================================================================

No. 28

I have the honor to forward an authenticated and two plain
Copies of an Ordinance entitled—

An Ordinance granting a Supplemental Supply of Two hundred and
one thousand five hundred and eighty five Dollars and five cents
out of the General Revenue of the Colony of British Columbia and
its Dependencies for the Contingent Service of the Years 1868-9
respectively.

2. The usual Report from the Attorney General is annexed.
Remark is scarcely necessary from me, as the expenditure which
is now made legal had almost all been incurred before my
entering upon the administration of the Government, and the Bill
is framed in accordance with what has been the usual practice.
Many of the items of the Supply granted in this Bill had however
been already authorized in the Ordinary appropriation Ordinances
for the years mentioned; and it is not obvious to me why another
enactment should be required for this expenditure if the
liability was incurred within the allotted period and did not
exceed the amount assigned although the money may not have been
actually paid out of the Treasury until after the close of the
year. The system which has been pursued renders Supplementary
Supply bills unavoidable, introduces a great deal of complexity
and apparent confusion in financial statements, and I am
disposed to think arises from a misunderstanding of the
instructions of the Lords of the Treasury upon which it is said
to be based.



================================================================================
FILE: 1870-03-25_Musgrave_to_Granville_B70029.txt
================================================================================

No. 29

I have the honor to forward an authenticated and two plain
copies of an Ordinance passed by the Legislative Council entitled—

An Ordinance respecting Practitioners in Medicine and Surgery

which has been passed in accordance with Your Lordship's
recommendation contained in Despatch No 7, of 1st February
1869.

2. The Report of the Attorney General is annexed.



================================================================================
FILE: 1870-03-25_Musgrave_to_Granville_B70030.txt
================================================================================

No. 30

I have the honor to forward an authenticated and two plain
copies of an Ordinance entitled—

An Ordinance to appropriate the sum of $340,105 75/100 out of
the General Revenue of the Colony for the contingent service of
the Year 1870.

2. The Attorney General's Report is enclosed, and the Annual
Estimates upon which this Ordinance is founded have already been
transmitted to Your Lordship in my Despatch No 9, of the 29th
January.



================================================================================
FILE: 1870-03-26_Herbert_to_Musgrave_B707033.txt
================================================================================

No. 33

I sent this day at 5.15 P.M. a Telegraphic Despatch to you in the
following words: "Needham's Warrant will go to Trinidad by Mail of first
April." "Appointment already notified to Governor."



================================================================================
FILE: 1870-03-27_White_to_Colonial_Office_B706W05.txt
================================================================================

White to Colonial Office

With reference to your letter of December last, in which my
 application for an extension of leave was refused, I have the
honor to inform you that as I found it impossible to return from
Canada in time to report myself before the expiration of my
leave, I have no option but to tender my resignation of my post
as Clerk to the Gold Commissioner of the Columbia District, in
the Colony of British Columbia.



================================================================================
FILE: 1870-03-29_Musgrave_to_Granville_B70031.txt
================================================================================

No. 31

On the 15th instant I sent Your Lordship a Message by Telegraph
as follows—

Has Needham's Warrant gone Trinidad? Wishes to know. Ready to
start.

2. Mr Needham had some hesitation in relinquishing his office
until he received some intimation that the necessary authority
has been issued for his appointment as Chief Justice on his
arrival at Trinidad. All his arrangements had been made for
departure, and if he had lost the opportunity afforded by a
Steamer going direct to San Francisco, on the 16th instant,
he would have been detained here for another month or perhaps
longer. Under these circumstances I consented to give him a
short leave of absence, nominally for three months, with the
understanding that he would await at San Francisco a Telegraphic
Message from me with Your Lordship's reply to the enquiry I had
made, and that if the Warrant has been forwarded he would
transmit his resignation of the Chief Justiceship of Vancouver
Island from San Francisco.

3. As the Merger of the two Courts of the Mainland and
Vancouver Island under the Supreme Courts Ordinance, 1869 would
not take place until Mr Needham's resignation had been
received, I, in the meantime, appointed Mr Begbie to act as
Chief Justice of Vancouver Island.

4. On the 27th instant I received Your Lordship's reply to my
Telegram, as follows—

Needhams Warrant will go to Trinidad mail of 1st April.
Appointment already notified to Governor.

I forwarded this by Telegraph to Mr Needham at San Francisco,
and have received from him to-day a Message in reply—

I resign, will write.



================================================================================
FILE: 1870-03-29_No_signature_to_Unknown_B705PA01.txt
================================================================================

Notice of Question

[Printed extract:]

11. Viscount Milton,—To ask the Under Secretary of State for
the Colonies, if he will lay upon the Table of the House, a Copy
of such Letters, Correspondence, and Enclosures from Governor
Douglas or his Secretaries, and from the Secretary to the
British Commission on the Water Boundary question, as were sent
to the Colonial Office, warning Her Majesty's Government of the
then apparent intention of General Harvey to invade a part or
parts of Her Majesty's dominions on the coast of the Pacific,
before and up to the year 1859. (Tuesday, 29th March.)



================================================================================
FILE: 1870-03-29_No_signature_to_Unknown_B705PA02.txt
================================================================================

Notice of Question

[Printed extract:]

10. Viscount Milton,—To ask the Under Secretary of State for
the Colonies, if he will lay upon the Table of the House, a Copy
of such Letters, Correspondence, and Enclosures from Governor
Douglas (at one time supposed to have the full title of
Colonial Governor of Her Majesty's Possessions on the Pacific
Coast of North America) or his Secretaries, and from the
Secretary to the British Commission on the Water Boundary
question, as were received by the Colonial Secretaries, warning
Her Majesty's Government of the apparent intentions of General
Harney, or the United States Forces, to invade a part or parts
of Her Majesty's dominions on the coast of the Pacific, before
and up to the year 1859 inclusive:

And, why a question, of a similar nature yesterday, addressed to
the Under Secretary of State for the Colonies, upon Colonial
affairs, should be answered by the Under Secretary of State for
Foreign Affairs, as he the Under Secretary of State for the
Colonies then stated.



================================================================================
FILE: 1870-03-29_Tilley_to_Rogers_Permanent_Under-Secretary_B705MI02.txt
================================================================================

Tilley to Rogers (Permanent Under-Secretary)

In reply to your letter of the 10th Ultimo, transmitting copy
of a despatch from the Governor of British Columbia, with
reference to the proposals for an exchange of correspondence
between the United States and that Colony, I am directed by the
Postmaster General to request that you will state to Earl
Granville that he lost no time in informing the Postmaster
General of the United States that the arrangements suggested as
regards
letters
met with the entire approval of the Governor, but that the
latter was desirous that, if possible, the proposed mode of
dealing with newspapers and printed matter should be modified,
so as to allow of the whole postage on such articles being
collected in advance, and no charge being made on delivery, in
accordance with the course contemplated in the case of letters.

The Postmaster General of the United States, however, declines
to adopt the modification suggested by the Governor, on the
ground that it differs from the plan which has so long been in
operation between the United States and all those British
Possessions in North America with which the States have
concluded Postal arrangements.

Under these circumstances, the Marquis of Hartington presumes
that the Governor of British Columbia will now agree to the
terms on which alone the United States' Post Office seems
disposed to act, vizt that newspapers and printed matter shall
be subject to the regular domestic rates of postage to and from
the frontier in the United States and in British Columbia
respectively.

As the arrangements for the exchange of mails with the United
States may now be considered as definitely settled, His Lordship
would suggest that a proposal should be made to the Governor to
fix the 1st of July next for carrying them into operation on
either side.

With reference to the enquiry in the Governor's despatch as to
the effect which the proposed arrangements will have as regards
correspondence with Canada, I am to state that no reply has been
received to the proposition for an exchange of closed mails
between British Columbia and Canada, by way of the United
States, which was addressed to the Canadian Post Office as long
ago as November 1868, and that the Postmaster General has caused
a further communication on the subject to be made to the
Canadian Post Office.



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FILE: 1870-03-30_Granville_to_Musgrave_B707034.txt
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No. 34

I have the honor to transmit to you for your information and
reference to your Despatch No. 8 of the 29th January copies of the
correspondence that has passed between this Department and the
Aborigines Protection Society in regard to the correctness of Mr.
Green's statements as to the condition of the Indians in Vancouvers
Island.



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FILE: 1870-04-01_Granville_to_Musgrave_B707035.txt
================================================================================

No. 35

I have to acknowledge your Despatch No. 9 of the 28th January last,
enclosing the estimates of your Government for the year 1870 accompanied
by a report from the Auditor General, and various returns called for by
my instruction the 18th August last.

2. It has given me much satisfaction to receive these Estimates in
so greatly improved a form, but I have to point out to you some defects
which should be remedied on future occasions.

3. In the first place the Estimates are not accompanied by the
Appropriation Ordinance. You have no doubt forwarded the anticipation
of the passing of the Ordinance in order to place me in earlier
possession of your financial arrangements for the year, but as a general
rule, it will be more convenient to adopt the course already prescribed
in the 3rd paragraph of my instructions referred to vizt. not to separate
the appropriation Ordinance and the Estimates.

4. Secondly, the returns submitted of assets and liabilities
include the permanent Debts and sinking Fund. This is erroneous. The
floating or Temporary debt should no doubt appear among the liabilities,
but permanent debt and in the like manner Sinking Fund should be given
in a separate statement as pointed out towards the end of paragraph 2 of
the printed Despatch to the Straits Settlements enclosed in my Despatch
of the 18th August.

5. Thirdly, the detail in the estimates does not extend to the
expenditure for the civil establishments sanctioned by permanent Law.
Only the gross amount of this Expenditure is given. The Estimates
should be set out in detail in future, the entire proposed expenditure
for the year, at the same time that they distinguish as is of course
proper, what has been secured permanently, on the one hand, and what has
to be voted and included in the annual Appropriation Ordinance on the
other. The best mode for giving this information appears to be to
print, preceding the detail of Establishments (page 5 of the present
Estimates) a Tabular statement of the sums permanently secured.

6. As regards measures for the consolidation of the debt I refer
you as (I have already done by Telegraph) To my Despatch No. 13 of the
23rd February sent on the 26 Idem. Otherwise I have for the present no
objections to make to the financial arrangements submitted. I however
necessar[il]y postpone sanctioning the Estimates till it is made known
by receipt of the Appropriation Ordinance, that they have been adopted
by the Legislative Council.



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FILE: 1870-04-01_Granville_to_Musgrave_B707036.txt
================================================================================

No. 36

I transmit to you for your information and guidance and with
reference to your Despatch No. 43 of the 30th December a copy of a
letter from the General Post Office embodying the decision of the United
States Post Master General in regard to the exchange of Mails between
that country and the [Colony] of British Columbia.

I have to instruct you to fix the 1st of July for carrying the
arrangements which have been fix[ed] upon into operation.



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FILE: 1870-04-02_Kelly_to_Granville_B706K01.txt
================================================================================

Kelly to Granville

I venture even in the height of your busy season to address you
as Colonial Minister, and bring under your notice the conduct of
Mr Henry P.P. Crease, the late Attorney General for British
Columbia, who I observe has been gazetted as Puisne Judge for
that Colony. I abstained from doing so as long as I could
reasonably hope receiving any explanatory communication from that
gentleman, but as my well meant procrastination, has only
entangled me in—I fear—very ruinous difficulties,
I am constrained
to request that you will officially direct him to furnish full
information and pay over such balances as must have accumulated
in his hands, since I find
the French authorities have taken decided action in the matter.

My story is very short and simple. In October 1860 I went out
to British Columbia, as Special Correspondent of the "Daily
News" and took up some town lots in the then vacant City of
Yale, which subsequently yielded me an income of over £600 p[er]
annum but as I was obliged to return here in 1863, I gave a
power of Attorney to Mr Hugh Nelson to manage that property
which he did satisfactorily for sometime, but gradually becoming
very lax and irregular. I cancelled the old and executed a new
power to Mr Crease in accordance with the urgent demand of
Messrs Trudin Roussel & Joslin the eminent Barristers in
this City who long previously had made me a large advance
accepting my ascertained income as security, and being put by
me, in the entire receipt of the rents.

Messrs Trudin & Co sent the power through their English
[Avocne?] here, (Mr Ths Selby) on July 4th 1868, but not

receiving any answer whatsoever they communicated with the
French Vice Consul at Victoria, B.C. requesting him to call on
 the Colonial Secretary, for accurate information in the matter,
naturally conjecturing
there was some collection between Mr Crease and me. This
brought a communication from that gentleman which I enclose a
copy of marked ("A") bearing date 18th February 1869 and on the
5th June following Mr Nelson forwarded a remittance of £120
which was so [unfortunately?] below the amount of income and
arrears expected, that Messrs Trudin & Co directed Mr Selby to
address a strong expostulatory to Mr Crease which was followed
by an answer that I enclose a copy of marked ("B"). There was
then a long silence broken by a letter from Mr Edmonds, a copy
of which you will find marked ("C") and so the affair remains up
to this date, without any further intelligence, or any further
remittance—and I am now left in deplorable health and extreme
penury, relying for relief, on the promptitude and equity of
your Lordships interference.

Messrs Trudin & Co sent out a special agent to the colony on
the 17th February last, with positive instructions to take such
immediate steps, as he might be advised to. This, as a matter
of course, will entail great expense on me, and as their envoy
is armed with all the powers which they, and the French
Government can assign him, he will necessarily involve Judge
Crease in a Serious pecuniary Scandal which might have been
easily avoided, as the margin between the well paid income of
the Yale property and the interest in Messr Trudins loan is
very considerable.

I have been strongly urged by Messrs Trudin & Co to have the
whole affair brought under the cognisance of Parliament, and
thoroughly ventilated by the metropolitan press, with which I am still
connected, but not being actuated by a malicious animus,
Simply following the promptings of the "first law of nature" I
choose rather [to] address your Lordship. For if Mr Crease
would furnish any plausible excuse for his apparent negligence,
rendering a good account of the large Sums [overheld?], and

guaranteeing me fron the inevitable costs of the "special
agency," I would still use my best endeavours to bring about a
quiet settlement.



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FILE: 1870-04-05_Granville_to_Musgrave_B707037.txt
================================================================================

No. 37

With reference to my Despatch No. 110 of the 16 December, I have
the honor to inform you that I have received a letter from Mr. John White
in which he tenders his resignation of the Office of Clerk to this
Magistrate in the Columbia District of the Colony under your Government.

I have accepted his resignation.



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FILE: 1870-04-05_Julyan_to_Under-Secretary_of_State_B705AG03.txt
================================================================================

Julyan to Under-Secretary of State

In compliance with the request of Sir F. Rogers' letter of the
31st January, 1870, I have to report that the sum of £1,000 has
been received by the Crown Agents, being a further contribution
due to the Sinking Fund of the British Columbia Government Loan
of 1863.

This amount has been invested under the authority of the

Colonial Office letter of the 24th Jany last as p[er] margin

*

on behalf of P.G. Julyan and Gordon Gairdner Esqres who are
the Trustees.



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FILE: 1870-04-05_Musgrave_to_Granville_B70032.txt
================================================================================

No. 32

Referring to my Despatch No 18, of 21st February I have now
the honor to report that the Legislative Council have passed the
Resolutions which were submitted to them on the subject of Union
with the Dominion of Canada. They have however suggested some
modifications in the proposed terms, and added supplementary
recommendations upon certain points which they regard as
requiring consideration in respect of the peculiar circumstances
of this Colony.

2. I enclose printed Copies of these amendments and
Resolutions, and of the Reports of Debates upon the subject
which may be interesting to Your Lordship.

3. I have succeeded in avoiding the introduction of proposals
touching "Responsible Government" or the establishment of a Free
Port. Most of the amendments to the original Resolutions
submitted by the Council are immaterial. Some would present no
real difficulty to the Canadian Government, and I believe that
none of them would be insisted upon here if they should be found
to constitute the only obstacles to agreement upon Union. The
opinions expressed in the Supplementary Resolutions on the
subject of the
Excise Laws and the operation of the Canadian Tariff
if applied to this Colony are of more importance and are worthy
of some consideration. But I do not regard some exceptional
provisions in these respects as impossible if they should be
decided upon as proper in the special circumstances of the case;
for instance, the present Tariff or some other to be settled by
the local Government not being lower than the Canadian scale,
might be allowed to prevail for a certain number of years after
Union, or until effective communication should be opened between
British Columbia and the other parts of the Dominion by Coach
Road or Railway.

4. This matter of communication
is the "crux" of the Scheme. If a Railway could be promised
scarcely any other question would be allowed to be a difficulty.
Without the certainty of overland communication through British
territory within some reasonable time, I am not confident that
even if all other stipulations were conceded, the Community will
decide upon Union. The noisiest of the Canadian advocates of
Confederation who have been promoting it for their own end, the
attainment of office under "Responsible Government," have led
the people to believe that the construction of the Railroad is a
certain matter of course, and the disappointment and reaction
will be proportionately great if this is found not to be the
case. For my own part, if there is no ground for expecting the
completion of that communication
at least by Coach Road
within a few years, I should doubt the prudence of Canada in
nominally attaching British Columbia to the Dominion when
practically no two Communities could be more entirely divided.

5. I have no doubt however of the propriety of now bringing the
question to an issue. It has hitherto been generally very
little understood, but it has been used as an engine for local
political purposes. It is a source of irritation and unrest in
the Community at present, and this agitation will be kept up
until we definitively ascertain what the Canadian Government
will agree to, and what they cannot accomplish.

6. I have taken the necessary preliminary steps for this
purpose. I now propose to send a delegation to Ottawa to
present the proposals which are made by this Government, to
discuss them, and explain the grounds upon which I and my
advisers have proceeded. In this manner it will be most easily
ascertained how far the expectations of this Colony can be
fulfilled, and when the report of the delegation has been
received the Community will be able to decide upon what will
then have been settled as practicable terms.

7. The gentlemen I have selected for this service are Mr
Trutch, the Chief Commissioner of Lands and Works, and Mr
Helmcken, and Mr Carrall, the two unofficial members of the
Executive Council. I have much confidence in Mr Trutch's
ability and discretion. Mr Helmcken has great influence in the
Community. He is far from being an ardent Confederate; but
practically the question, with him is one of terms, and it will
be very desirable that he should have a voice in the discussion
of them. Mr Carrall is a Canadian and a zealous advocate of
Union, but I believe he is disinterested and not one of those
who desire it only as a means to obtain political place and
power. He is familiar with the wants and views of the people of
the Upper Country and he will be able to render service in
explaining these to the Canadian Government.

8. With respect to the expediency of "Responsible Government"
for the administration of local affairs in the event of Union
with Canada, I believe opinion to be very much divided; but the
party which presses for the introduction is energetic and
persistent, and I doubt that determined opposition would be
offered for any length of time after Confederation. But in any
case the modified Consititution which I have recommended to Your
Lordship in my Despatch No 20, of the 23rd February
*

would in my opinion be necessary as an intermediate form from
which further progress could be made if finally determined upon
by the local government in concert with that of Canada.



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FILE: 1870-04-05_Sargeaunt_to_Under-Secretary_of_State_B705AG04.txt
================================================================================

Sargeaunt to Under-Secretary of State

In compliance with the request expressed in Sir F. Rogers'
letter of the 31st January, 1870, I have to report that the sum
of £814.13.9 has been received by the Crown Agents, being a
further contribution due to the Sinking Fund of the Vancouver
Island Government Loan of 1862.

This amount has been invested under the authority of the
Colonial Office letter of the 24th Jany last as p[er] margin

*

on behalf of W.C. Sargeaunt and Gordon Gairdner Esqres who
are Trustees.



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FILE: 1870-04-06_Granville_to_Musgrave_B707038.txt
================================================================================

No. 38

I have the honor to acknowledge the receipt of your Despatch No. 17
of the 21st February enclosing a copy of a message with which you caused
the Session of the Legislative Council in British Columbia to be opened
on the 15th of that month together with a copy of the address presented
to you in reply.

I approve of the terms of your message.



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FILE: 1870-04-08_Granville_to_Musgrave_B707039.txt
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No. 39

I have the honor to acknowledge your Despatch No. 10 of the 21st
February enclosing a copy of the resolution of your Council, and a copy
of the Despatch which you have addressed to Sir [John] Young proposing
terms for the confederation of British Columbia with the Dominion of
Canada.



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FILE: 1870-04-11_Stansfeld_to_Under-Secretary_of_State_B705TE03.txt
================================================================================

Stansfeld to Under-Secretary of State

The Lords Commissoners of Her Majesty's Treasury have had
before them Mr Herbert's letter of the 2nd instt enclosing a
copy of a letter from Mr Maunsell, Private Secretary to the
late Mr Seymour, Governor of British Columbia, applying to be
repaid his expenses of returning to England from the Colony
amounting to £110.

Their Lordships desire me to request that you will move the Earl
 Granville to cause them to be informed whether it is the
practice, as stated by Mr Maunsell, that the Passage of a
Private Secretary should be paid out of the allowance granted to
the Governor.



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FILE: 1870-04-12_Musgrave_to_Granville_B70033.txt
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No. 33

I have the honor to acknowledge the receipt of Your Lordship's
Despatch of 17th February, forwarding the undermentioned
Parliamentary Papers.

Conference of Colonial Representatives in London. 8 copies.



================================================================================
FILE: 1870-04-12_Musgrave_to_Granville_B70034.txt
================================================================================

No. 34

I have the honor to acknowledge the receipt on the 10th
instant, of your despatches, of the numbers and dates noted in
the margin,

*

and to transmit the Schedules of those remaining unanswered.



================================================================================
FILE: 1870-04-12_Musgrave_to_Granville_B70035.txt
================================================================================

No. 35

I have the honor to acknowledge the receipt on the 10th
instant, of your despatches, of the numbers and dates noted in
the margin.

*



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FILE: 1870-04-15_Granville_to_Musgrave_B707040.txt
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No. 40

I have the honor to acknowledge the receipt [of] Despatch No. 24 of
the 8th March and under the circumstances you describe, to sanction the
expenditure from the Crown Fund of a sum not exceeding (£400) on the
furniture you consider necessary to purchase, in order to render the
Government House New Westminster habitable.



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FILE: 1870-04-16_Granville_to_Musgrave_B707041.txt
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No. 41

I have the honor to acknowledge the receipt of your Despatch No. 26
of the 15th March on the subject of the floating debt of the Colony.

You will have learned from my Despatch No. 13 of the 23rd February
that your proposals for the consolidation of that Debt are not in
accordance [with] the more complete scheme suggested by Mr. Julyan. If
you have introduced the Bill, to which you refer in the 3rd paragraph of
your Despatch, you will probably see the desirability of amending it.



================================================================================
FILE: 1870-04-18_Lushington_to_Under-Secretary_of_State_B705AD03.txt
================================================================================

Lushington to Under-Secretary of State

I am commanded by my Lords Commissioners of the Admiralty to
request you will move the Secretary of State for the Colonies to
inform them, if possible, what amount of punishment was awarded
to two men named Lyons and Shakespeare, who were convicted in
the Colonial Courts at Esquimalt in 1869, for having assisted
two men in an attempt to desert, from HMS "Satellite."



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FILE: 1870-04-21_Granville_to_Musgrave_B707042.txt
================================================================================

No. 42

The Lords Commissioners of the Admiralty are desirous of being
informed what amount of punishment was awarded to two men named Lyons
and Shakespeare, who were convicted in the Colonial Court at Esquimalt
in 1869, for having assisted two men in an attempt to desert from Her
Majesty's Ship "Satellite."

I have to request you to furnish me with the information required.



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FILE: 1870-04-22_Musgrave_to_Granville_B70036.txt
================================================================================

No. 36

I have the honor to forward to Your Lordship a Copy of a
Resolution transmitted to me by the Legislative Council
respecting the Island of San Juan.

2. I cannot add anything to the knowledge which Your Lordship
already possesses with regard to the disputed possession of this
Island. Intrinsically it is worth little to anyone; but to the
United States it is valueless, except for a purpose hostile to
British Columbia as the means of almost completely controlling
the navigation of the Straits of San Juan and the Gulf of
Georgia, to, and from, the Fraser River.



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FILE: 1870-04-22_Musgrave_to_Granville_B70037.txt
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No. 37

Referring to Your Lordship's Circular Despatch of the 29th
November, I now have the honour to forward a collection of
P[h]otographs of the principle buildings and the most
interesting localities in this Colony.

2.££The cost of obtaining these with the Duplicates to be
retained here is one hundred and eighty dollars which I have
paid from the Crown Fund.



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FILE: 1870-04-22_Musgrave_to_Granville_B70038.txt
================================================================================

No. 38

Referring to Your Lordship's Circular of the 30th November,
transmitting a copy of a letter from Professor Huxley suggesting
that Photographs might be collected from the various Colonies,
having much Ethnological value as illustrating the pecularities
of the different races within the British Possessions, I have
endeavoured to give effect to Your Lordship's desire to further
this design. But it has been found impracticable to obtain
Photographs of the character required. I am informed that no
Indians here will consent to be photographed in a state of
nudity, although reward has been offered. It is believed that
they have a superstitious dread of some hidden purpose which
they do not understand, and it would be impossible to explain
to them the scientific object of the proceeding.



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FILE: 1870-04-22_Ransom_to_Granville_B705MI03.txt
================================================================================

Ransom to Granville

I beg to enclose as required by our Deed of Settlement the half
yearly Statement of this Bank for the six months ended the 31st
Decr last.



================================================================================
FILE: 1870-04-23_Musgrave_to_Granville_B70039.txt
================================================================================

No. 39

I have the honor to acknowledge Your Lordship's Despatch No 6
of the 22nd January last, respecting Mr Crease's application
on the subject of his emoluments as Attorney General, in which I
am directed to report whether my experience would lead me to
recommend an adoption of a fixed Salary and the abolition of
fees. I have since received your Despatch No 23 of the 8th
March by which I am acquainted with the appointment of Mr
Phillipo as Attorney General in succession to Mr Crease who has
been promoted to the Office of Puisne Justice, and that Mr
Phillipo had been informed that his emoluments whether
arising from Salary only or partly from Fees would not be
less that £800, Eight hundred pounds, sterling.

2. I now have the honor to report that in my opinion it is
preferable to remunerate the Attorney General by a fixed Salary.
In Mr Crease's case I should have thought £700, Seven hundred
pounds, sterling, sufficient to include a fair commutation for
the average amount of fees received by him; but this point has
already been settled by Sir Frederic Rogers' Letter to Mr
Phillipo. There may, however, be some little difficulty in
having the Salary, fixed by the Crown Salaries Act, increased by
the Legislative Council especially if the Colony should be in a
state of transition to Union with Canada; but in this case the
£300, Three hundred pounds, sterling, additional which has been
promised to Mr Phillipo must, if possible, be made up to him
from the vote which now supplies the Fees paid to Mr Crease.



================================================================================
FILE: 1870-04-23_Musgrave_to_Granville_B70040.txt
================================================================================

No. 40

I have had the honor to receive Your Lordship's Despatches No
11 of 21st February and No 17 of 1st March last requiring
reports upon the correctness of claims made by the Naval
Department against this Colony for the sums of £11.0.8 Eleven
pounds and eight pence, and 18/9, Eighteen shillings and nine
pence respectively.

2. These claims are correct and may be paid by the Crown Agents
under Your Lordship's direction.



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FILE: 1870-04-23_Musgrave_to_Granville_B70041.txt
================================================================================

No. 41

I have had the honor to receive Your Lordship's Circular
Despatch of the 7th March, with an Extract of a Letter from the
Board of Trade representing that the Returns of Wrecks and
Casualties sent home from the Colonies are in many respects
defective.

2. On enquiry I find that these Returns have never been made
from this Colony; as far as I can ascertain have never been
asked for; nor have the necessary forms for the purpose been
supplied by the Board of Trade. If the Board will now furnish
these, the returns will be regularly made by the Collector of
Customs.



================================================================================
FILE: 1870-04-23_Musgrave_to_Granville_B70042.txt
================================================================================

No. 42

Referring to Your Lordship's Circular Despatch of the 5th March
requesting that the Meteorological Department might be furnished
with any Meteorological Works which may be issued in the
Establishments under the auspices of various Colonial
Governments, I have the honor to acquaint Your Lordship that no
such works are prepared in this Government.



================================================================================
FILE: 1870-04-25_Musgrave_to_Granville_B70043.txt
================================================================================

No. 43

I did not receive Your Lordship's Despatch No 22 of the 8th
March until very near the close of the Legislative Session when
the Council was very fully occupied by the business before it.
To have laid before them then the correspondence which should
have been presented to them at the time of its receipt by Mr
Seymour, respecting the Supreme Court, would probably have
caused a great deal of delay in the public work; and raised an
irritating discussion from which no practical good would result,
upon a subject which has now happily been set at rest by Mr
Needham's removal to Trinidad. I had already communicated all
the correspondence to the Executive Council; and the vexed
question has almost entirely passed out of the public mind.
Under those circumstances I have taken it upon myself to regard
Your Lordship's request that I would lay the correspondence
before the Legislative Council as not being a peremptory
instruction.



================================================================================
FILE: 1870-04-25_Musgrave_to_Granville_B70044.txt
================================================================================

No. 44

I have had the honor to receive Your Lordship's Despatch No 9
of the 15th February in which you grant me leave of absence
after the termination of the Legislative Session for about two
months. I am grateful to Your Lordship for acceding to my
request; but I regret to say that I have not sufficiently
recovered from the effects of the injury which I sustained in
November to be able to undertake so long a journey or to leave
Victoria so soon as I had intended. I shall not therefore use
Your Lordship's permission to its full extent; though I shall
probably avail myself of it for the purpose of a short visit to
San Francisco in June. But in that case I shall not be absent
longer than three weeks or a month.



================================================================================
FILE: 1870-04-25_Musgrave_to_Granville_B70045.txt
================================================================================

No. 45

I have had the honor to receive Your Lordship's Despatch No 12,
of the 21st February, calling my attention to the Duke of
Buckingham's Despatch No 63, of the 21st August 1868, and to
previous correspondence respecting a claim against this
Government for £675.2.4, Six hundred and seventy five pounds,
two shillings and fourpence, on account of Stores supplied by
the War Department for the service of the Colony.

2. When Your Lordship wrote you had not received my Despatch
No 9, of the 29th January transmitting the Estimates for this
Year and reporting upon the financial position of the Colony.
From what I there stated it will be obvious that the condition
of the finances is really as yet far from being improved. No
provision has been made for this claim on the Estimates for this
Year as I was entirely ignorant of it until now. I could not
remit the amount without borrowing it from the Bank at twelve
per cent compound interest—that is, interest on which interest
is charged at the expiration of every quarter—and under all the
circumstances of the case I trust that Your Lordship will permit
me to defer the remittance.



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FILE: 1870-04-26_Musgrave_to_Granville_B70046.txt
================================================================================

No. 46

I have had the honor to receive Your Lordship's Despatch No 14,
of the 26th February, enclosing a Statement of Stores supplied
for the service of the Guard House here at a cost of £4.0.8,
Four pounds and eight pence, which is due to the War Department.

2. The account is correct and may be paid by the Crown Agents
at your direction.



================================================================================
FILE: 1870-04-26_Musgrave_to_Granville_B70047.txt
================================================================================

No. 47

I have the honor to acknowledge the receipt on the 23rd
instant, of your despatches, of the numbers and dates noted in
the margin,

*

and to transmit the Schedules of those remaining unanswered.



================================================================================
FILE: 1870-04-27_S——_to_Colonial_Office_B706S01.txt
================================================================================

S—— to Colonial Office



================================================================================
FILE: 1870-04-28_Musgrave_to_Granville_B70048.txt
================================================================================

No. 48

I have the honor to forward an authenticated and two plain
copies of:

An Ordinance entitled the Game Ordinance, 1870.

2. The Attorney General's Report which I forward furnishes all
the information which Your Lordship will require on this
measure; to which I see no objection.



================================================================================
FILE: 1870-04-28_Musgrave_to_Granville_B70049.txt
================================================================================

No. 49

I have the honor to forward an authenticated and two plain
copies of an Ordinance entitled—

An Ordinance respecting the enforcement of Municipal Bye Laws.

2. I believe this measure to be unobjectionable. The Attorney
General's Report is annexed.



================================================================================
FILE: 1870-04-28_Musgrave_to_Granville_B70050.txt
================================================================================

No. 50

I have the honor to transmit an authenticated and two plain
copies of an Ordinance passed by the Legislative Council entitled—

An Ordinance to make general Regulations for the establishment
and management of Cemeteries in the Colony of British Columbia.

2. It is unnecessary that I should add any remarks to those
contained in the Attorney General's Report which is annexed. I
think the measure a desirable one.



================================================================================
FILE: 1870-04-28_Musgrave_to_Granville_B70051.txt
================================================================================

No. 51

I have the honor to forward to Your Lordship an authenticated
and two plain Copies of an Ordinance passed by the Legislative
Council entitled—

An Ordinance to create a further duty of Customs for the Public
service.

2. It has been passed specially to provide the means of
maintaining the Telegraph, from the lower Fraser to Cariboo,
which was about to be abandoned by the Western Union Telegraph
Company, who offered the line to the local Government if the
working of it would be undertaken. Much pressure was brought to
bear upon me for this purpose; but I regarded myself as
precluded from assuming this new service in the present
financial position of the Colony without some special provision
for the expense. It was important to establish the principle
that disbursements must not be promised when there are no funds
from which to make them. But I brought the subject before the
Council in my opening Address as Your Lordship will have seen.

2. The result after much discussion, is the imposition of an
additional duty of half a dollar per gallon upon Spirits which I
think the least objectionable mode of raising the required
funds, and it will probably furnish more than the required
amount.

3. Great importance is attached to the maintenance of the
Telegraph by the people of the Mainland, and not unnaturally.
For purposes of Police, and the transmission of official
intelligence it is very valuable. And on many occasions it
might save greater expenditure than it will cost.

4. Under these circumstances I have no hesitation in
recommending the Ordinance for Her Majesty's confirmation, and
herewith I have the honor to annex the Attorney General's Report
to the same effect.



================================================================================
FILE: 1870-04-28_Nesbitt_to_Granville_B706N01.txt
================================================================================

Nesbitt to Granville

I beg again, very respectfully, to bring under Your Lordship's
notice the hardness of my case.

Four years have now passed by since His late Excellency,
Governor Seymour, sent me from Vancouver Island, with a Despatch
to the Secretary of State for the Colonies, recommending that I
should be appointed to some other office in the place of that
which I had lost through the Union of Vancouver Island with
British Columbia.

In taking the course which he did, His Excellency informed me
that the Earl of Carnarvon had authorized him to send home any
gentlemen whose claims were deserving of particular notice.

The delay that has occurred in my reappointment to office has
been very tedious to me, but, feeling satisfied that Your
Lordship has had little control over it, I have had faith that
sooner or later my wishes would be gratified.

Earnestly appealing to Your Lordship under the circumstances of
hardship and privation in which I have been placed during four
long years.



================================================================================
FILE: 1870-04-29_Musgrave_to_Granville_B70052.txt
================================================================================

No. 52

I have the honor to forward an authenticated and two plain
copies of an Ordinance passed by the Legislative Council entitled—

An Ordinance to prevent Desertion from Merchant Ships.

2. The practice of "crimping" prevails here to a very
considerable extent, and as explained by the Attorney General in
his annexed Report the difficulty of repressing it, without
some more stringent provisions than have hitherto existed, has
led to acts of violence on the part of Masters and Mates of
Merchant Vessels which have already caused serious results
and in one case nearly ended in a murder. Under the peculiar
circumstances of the place I think the provisions of the
Ordinance now submitted are not excessively severe and I submit
it for Her Majesty's confirmation.



================================================================================
FILE: 1870-04-29_Musgrave_to_Granville_B70053.txt
================================================================================

No. 53

I have the honor to forward an authenticated and two plain
Copies of an Ordinance passed by the Legislative Council entitled—

An Ordinance to regulate the Fees of the Supreme Court of
British Columbia.

2. I recommend the measure for Her Majesty's confirmation. It
is unnecessary to add anything to the explanation afforded in
the Attorney General's Report, which is annexed.



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FILE: 1870-04-29_Musgrave_to_Granville_B70054.txt
================================================================================

No. 54

I have the honor to forward to Your Lordship printed Copies of
the Message with which I closed the Legislative Session on the
23rd instant.



================================================================================
FILE: 1870-04-30_Stansfeld_to_Rogers_Permanent_Under-Secretary_B705TE04.txt
================================================================================

Stansfeld to Rogers (Permanent Under-Secretary)

The Lords Commissoners of Her Majesty's Treasury have had
before them Mr Herbert's letter of 12th inst., and the
despatch enclosed therein, relative to the Vancouver's Island
Crown Fund.

Their Lordships direct me to state, for the information of Earl
Granville, that they concur in Mr Musgrave's suggestion that
the Crown Fund be placed under the control of the Legislature,
on the condition of their passing a Supplementary Civil List
securing £1000 per annum to be accounted for by the Governor,
but expended by him alone as Imperial interests may require.

I am to add that, as to the amount drawn by Mr Seymour from the
Crown Fund, My Lords await a further communication from the
Colonial Office after the receipt of the Accounts of that Fund
since the Union.



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FILE: 1870-05-03_Hammond_to_Under-Secretary_of_State_B705FO05.txt
================================================================================

Hammond to Under-Secretary of State

I am directed by the Earl of Clarendon to transmit to you, to be
laid before Earl Granville, a copy of a Note from the United
States' Minister at this Court stating that Mr David Eckstein
has been appointed United States' Consul at Victoria, and
requesting that Her Majesty's Exequatur may be issued to that
gentleman to enable him to act in the above capacity; and I am
to request that you will move Lord Granville to inform Lord
Clarendon if there is any objection to the issue of such
Exequatur to Mr Eckstein.



================================================================================
FILE: 1870-05-04_Stansfeld_to_Rogers_Permanent_Under-Secretary_B705TE05.txt
================================================================================

Stansfeld to Rogers (Permanent Under-Secretary)

The Lords Commissoners of Her Majesty's Treasury having had
before them Mr Herberts Letter of the 16th ultimo explaining
the usual practice with respect to the payment of the passage of
Private Secretaries to Colonial Governors direct me to state for
the information of Earl Granville that they approve of the
payment of a sum of £110 to Mr Maunsell Private Secretary to
the late Governor of British Columbia to reimburse him for the
expense of his passage home as proposed in Mr Herberts Letter of
the 2nd ultimo.



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FILE: 1870-05-05_Granville_to_Musgrave_B707043.txt
================================================================================

No. 43

I have the honor to acknowledge the receipt of your Despatch No. 29
of the 25th March and to convey to you Her Majesty's Gracious
Confirmation and allowance of the Ordinance passed by the Government of
British Columbia and entitled "An Ordinance respecting Practitioners in
Medicine and Surgery."



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FILE: 1870-05-05_Musgrave_to_Granville_B70055.txt
================================================================================

No. 55

I have the honor to forward an authenticated and two plain
copies of an Ordinance entitled—

An Ordinance respecting the Supreme Court.

2. The Attorney General's report which I also forward so fully
explains the reasons for passing this Ordinance that not much
remark is necessary from me. But is is proper to observe that
hitherto no permanent provision has been made for the Officers
of the Courts, who were dependent upon annual votes for their
Salaries. This provision is now supplied by the Statute for a
Registrar and Deputy Registrar. It was intended by the Council
that the Salary of the former should be One thousand, nine
hundred and forty dollars ($1940), and of the Deputy Registrar
Fifteen hundred dollars ($1500). But by some clerical error
which was not discovered until after I have assented to the
Bill, $1940 has been inserted as the amount in both cases. I
annex a copy of a Letter from the Attorney General upon this
subject.

3. To these appointments I regard the Gentlemen who have held
the Office of Registrar in the late Vancouver Island and
Mainland Courts as manifestly having a first claim, but I shall
acquaint the Deputy Registrar that his Salary will be only $1500
in accordance with what is known to have been the intention of
the Legislative Council; and the error shall be brought to their
notice at the next Session.



================================================================================
FILE: 1870-05-06_Musgrave_to_Granville_B70057.txt
================================================================================

No. 57

I have the honor to report that under the authority of
"An Ordinance respecting the Supreme Court" passed during
the recent Session of the Legislative Council, I have appointed
Mr Richard Woods to be Registrar and Mr Charles Edward Pooley
to be Deputy Registrar of the Supreme Court.

2. These can scarcely be regarded as new appointments, for
these Gentlemen have for some Years filled the Office of
Registrar to the Courts of Vancouver Island and the Mainland
respectively, and are best qualified for the Offices, now for the
first time provided for by Ordinance, as well as from previous
service possessing the best claim to them.

3. I have given precedence to Mr Woods by appointing him
Registrar because he is the older man and the Senior Officer.



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FILE: 1870-05-07_Granville_to_Musgrave_B707044.txt
================================================================================

No. 44

I have the honor to acknowledge the receipt of your Despatch No. 31
of the 29 March reporting Mr. Needham's departure for San Francisco on
his way for Trinidad and stating the circumstances under which you had
granted him a short leave of absence.

In reply I have to express my approval of the course you adopted.



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FILE: 1870-05-08_Musgrave_to_Granville_B70056.txt
================================================================================

No. 56

Referring to Your Lordship's Despatch No 32, of the 25th March
last and its enclosures, I now have the honor to forward the San
Juan Island Military Accounts and Vouchers for the year ended
31st December, 1869. A further Statement for the first Quarter
of 1870 will be forwarded when the Audit of those accounts has
been completed.

2. I am informed by the Auditor that the San Juan Account has
been always heretofore sent as a yearly statement from 1st
January to 31st December; and has been furnished within the
period allowed by the Regulations. It is not clear from Mr
Lushington's Letter to the Secretary of the Treasury whether or
not the Admiralty desire that this arrangement should be changed
and the Annual Accounts made up from the 31st March to the
same date in the following year.



================================================================================
FILE: 1870-05-09_Maunsell_to_Herbert_Assistant_Under-Secretary_B706M04.txt
================================================================================

Maunsell to Herbert (Assistant Under-Secretary)

I have the honor to acknowledge the receipt of your letter of
the 5th Instant, informing me that, on the recommendation of
Earl Granville, the Lords Commissioners of Her Majesty's
Treasury have sanctioned the payment to me of the sum of £110—to
reimburse me the expense of my passage Home from British
Columbia—and enclosing the formal letter to enable me to obtain
the amount from the Paymaster General.



================================================================================
FILE: 1870-05-09_Mellors_to_Granville_B706M07.txt
================================================================================

Mellors to Granville

For some years I acted as Agent to Wm Montague Cochrane Esq
formerly a Lieutenant in the Army, but for some years past
Recorder at Lytton, and at Ritchfield, Cariboo, British
Columbia. I hold Mr Cochranes power of Attorney to act in his
absence.

It is with extreme regret that I learn Mr Cochrane was a
passenger in the vessel the "City of Boston," which is supposed
to have been lost on Feb 11th. Mr Cochrane owes me £20 & I
recently had a letter from him referring to his return &
intention to pay me.

Under these circumstances I respectfully ask that your Lordship
will kindly favour me with any information you may have or may
receive with regard to Mr Cochrane's death; or as to his
leaving British Columbia, or as to his property or letters of
credit he may have on any Bank. He being a Government Officer I
presume if anything is known it will be in the Colonial Office.



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FILE: 1870-05-09_Musgrave_to_Granville_B70058.txt
================================================================================

No. 58

I have the honor to forward the Imperial Pension Account for the
six months ended 31st December last with the Vouchers.



================================================================================
FILE: 1870-05-09_Musgrave_to_Granville_B70059.txt
================================================================================

No. 59

I have the honor to forward a Statement shewing the amount due
from the Imperial Government for the conveyance of Mails between
Victoria and San Francisco to the 31st December 1869.



================================================================================
FILE: 1870-05-10_Musgrave_to_Granville_B70060.txt
================================================================================

No. 60

I have the honor to transmit herewith, the Returns of Revenue
and Expenditure for the fourth quarter of 1869.

2. The late arrival of the Accounts from the Kootenay District
precluded the possibility of rendering these Returns in a
completed form, at an earlier period.



================================================================================
FILE: 1870-05-10_Musgrave_to_Granville_B70061.txt
================================================================================

No. 61

I have the honor to forward the usual Certificates of my having
granted with the advice of the Executive Council six month's
Leave of Absence to Mr James Judson Young, Clerk in the
Colonial Secretary's Office; for the first three of which he is
entitled to full, and for the remainder half Salary under the
provisions of Section 134 of the Colonial Regulations.



================================================================================
FILE: 1870-05-11_Musgrave_to_Granville_B70062.txt
================================================================================

No. 62

Referring to Your Lordship's Circular Despatch of the 22nd
March last I have the honor to forward a Return of the Fees
received by the Governor and other Public Officers, prepared in
the Tabular Form transmitted for this purpose by Your Lordship.



================================================================================
FILE: 1870-05-11_Musgrave_to_Granville_B70063.txt
================================================================================

No. 63

I have the honor to forward to Your Lordship an authenticated
and two plain copies of an Ordinance passed by the Legislative
Council entitled—

An Ordinance to assimilate and amend the Law relating to Bills
of Sale.

2. The measure is one of many necessary to consolidate the Laws
heretofore in force in the two sections of the now united
Colony. I am not aware of any objection to it, and the Attorney
General, in his Report which I annex, recommends it for confirmation.



================================================================================
FILE: 1870-05-12_Granville_to_Musgrave_B707045.txt
================================================================================

No. 45

I have to acknowledge the receipt of your Despatch No. 19 of the
22nd February in which you report the amount drawn from the Crown Fund of
Vancouvers Island by the late Governor Seymour on account of additional
salary.

I have to instruct you to send home for audit the Accounts of the
Crown Fund since the Union of the two Colonies.



================================================================================
FILE: 1870-05-12_Granville_to_Musgrave_B707046.txt
================================================================================

No. 46

I have fully considered the suggestion made in your Despatch No.
19, 22nd February, that the Crown Fund of Vancouvers Island should be
transferred to the General Revenue of British Columbia.

I have to acquaint you in that as a civil List sufficient for the
Salaries of the principle officers has been permanently provided for, I
am prepared to consent to this fund being placed under control at the
disposal of the Legislature on the condition of their Securing
by Ordinance a supplementary Civil List placing £1000 a year at the
disposal of the Governor to be expended according to his discretion as
Imperial interests may require.

At the termination of each year a Return of the expenditure would
be laid before the Legislature for their information. If the whole sum
is not expended in the year in which it accrues, it should accumulate
until it reaches a reserve of £1000, any excess over that sum should be
paid over to the General Revenue.

I have to authorize you to assent to any Ordinance that may be
passed for this purpose if it fulfills the required condition.



================================================================================
FILE: 1870-05-13_Granville_to_Musgrave_B707047.txt
================================================================================

No. 47

I have received your Despatches Nos. 34 and 35 of the 12th April in
which you acknowledge the receipt of the Mails sent from this Department
on the 22nd February 5th March, and 12th March.

It would appear however that you had not received my Despatches
noted in the margin
*

which were sent on the 20 February in case this should have been so, I
transmit to you herewith the enclosures to my Despatches No. 13 and 14
of which no copies were sent with the duplicates.



================================================================================
FILE: 1870-05-13_Musgrave_to_Granville_B70064.txt
================================================================================

No. 64

I have the honor to report the arrival of Mr George Phillippo
at Victoria, and that I have this day appointed him to be
Attorney General of British Columbia, in accordance with the
Royal Warrant forwarded in Your Lordship's Despatch No 31 of
25th March last; and in the room of Mr Henry Pering Pellew
Crease appointed to be Puisne Justice.



================================================================================
FILE: 1870-05-13_Musgrave_to_Granville_B70065.txt
================================================================================

No. 65

I have the honor to report that I have this day appointed Mr
Henry Pering Pellew Crease to be Puisne Justice of British
Columbia in accordance with the Royal Warrant transmitted to me
in Your Lordship's Despatch No 28, of 18th March.



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FILE: 1870-05-13_Musgrave_to_Granville_B70066.txt
================================================================================

No. 66

The Delegation which I reported, in my Despatch No 32, of the
5th ultimo, that it was my intention to send to Ottawa to
discuss with the Canadian Government the terms proposed for
Union with the Dominion, will proceed upon that mission by the
Steamer which takes this Despatch to Your Lordship.

2. Mr Trutch, the Chief Commissioner of Lands and Works, has
not been absent from the Colony for five years. As he will be
at Ottawa so far on the way towards England, whither he desires
to proceed on private affairs, I have granted him three months
double vacation leave of Absence, to take effect from the
termination of his duties at Ottawa. He will report himself at
the Colonial Office on his arrival in London and will be able
to afford Your Lordship any information which you may require in
respect of the progress of the negociations in which he will
have been engaged. I place much confidence in Mr Trutch's
ability and discretion.



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FILE: 1870-05-13_Musgrave_to_Granville_B70067.txt
================================================================================

No. 67

I have the honor to acknowledge the receipt of Your Lordship's
Despatch of the 7th April, forwarding the undermentioned
Parliamentary Papers.

Proposed Conference of Colonial Representatives in London. 4
copies.



================================================================================
FILE: 1870-05-13_Musgrave_to_Granville_B70068.txt
================================================================================

No. 68

I have the honor to acknowledge the receipt on the 29th ultimo,
of your despatches, of the numbers and dates noted in the
margin,

*

and to transmit the Schedules of those remaining unanswered.



================================================================================
FILE: 1870-05-13_Musgrave_to_Granville_B70069.txt
================================================================================

No. 69

I have the honor to acknowledge the receipt on the 5th instant,
of your despatches, of the numbers and dates noted in the margin.

*



================================================================================
FILE: 1870-05-14_Granville_to_Musgrave_B707048.txt
================================================================================

No. 48

I have to acknowledge your Despatch for the ensuing year No. 28
dated 25th March last, submitting a supplementary Appropriation
Ordinance No. 2, of 1870 passed by the Legislative Council and yourself
for the [service] of the years 1868 and 1869.

2. Her Majesty's Government will raise no question as to the
expenditure provided for in this Ordinance. But I have to point out to
you that this mode of reporting Supplementary Expenditure for sanction
vizt by the mere submission of a Supplementary Appropriation Ordinance,
unaccompanied by any information as to the total sum to which the
expenditure has been brought for the year and total Revenue to meet such
expenditure is altogether defective. I refer you to the printed
Despatch from the Duke of Buckingham to the Straits Settlements, No.
243, dated the 27th November 1868 enclosed for your guidance in the
Despatch from the same Minister, No. 105 dated the 7th December 1868,
and I have to request that on future occasions you will submit with
Supplementary Appropriation Ordinances the various particulars of
information required by that Document to accompany such Ordinances.

3. You express yourself in your present Despatch as being in some
doubt as to the proper interpretation of the standing Treasury
Instructions, under which these supplementary Ordinances are framed. I
annex for your assistance on this subject, copy of a recent report of
the Auditor General of the Straits Settlements. which contain a correct
exposition of the principles and objects of the instructions referred
to.

4. I have to convey to you, and you will publish in the usual and
most authentic manner Her Majesty's confirmation and allowance of the
Ordinance, No. 2 of 1870, entitled as follows:

An Ordinance granting a supplemental supply of Two hundred and one
thousand five hundred and eighty-five dollars and four cents, out of the
General Revenue of British Columbia and its Dependencies for the
contingent Service of the year 1868-69 respectively.



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FILE: 1870-05-14_Granville_to_Musgrave_B707049.txt
================================================================================

No. 49

I have to acknowledge your Despatch No. 30 dated the 25th March
last, submitting an Appropriation Ordinance, No. 1 of 1870, passed by
the Legislative Council and yourself for the service of the year 1870.
The Estimates on which the ordinance is founded having been already
submitted with your Despatch, No. 9 of the 29th January last.

2. Her Majesty's Government now give their sanction to the
Estimates subject to the observations made in my Despatch acknowledging
them No. 35 dated the 1st Ultimo and I have also to convey to you, and
you will publish in the usual and most authentic manner, Her Majesty's
confirmation and allowance of the Ordinance No. 1 of 1870 entitled as
follows:

An ordinance to appropriate the sum of Three hundred and forty thousand,
one hundred and five dollars, seventy five cents out of the general
Revenue of the Colony, for the contingent service of the year 1870.



================================================================================
FILE: 1870-05-14_Wolley_to_Under-Secretary_of_State_B705AD04.txt
================================================================================

Wolley to Under-Secretary of State

I am commanded by my Lords Commissioners of the Admiralty to
acquaint you, for the information of Earl Granville, that
Rear-Admiral Farquhar in a letter dated at San Francisco 1st
April 1870 No 37, reports that affairs in Vancouver's Island
remain quiet, Parliament has opened on the 15th February, &
little opposition existed as to the Confederation scheme. He
further states, that the recently discovered Gold Fields on the
Peace River, will, it is believed, attract a large number of
immigrants from California.



================================================================================
FILE: 1870-05-16_Musgrave_to_Granville_B70070.txt
================================================================================

No. 70

I did not receive Your Lordship's Despatch No 27 of the 16th
March, on the subject of the Ordinance No 21 of 1869 "to
establish Public Schools throughout the Colony of British
Columbia," until the afternoon of the day on which the
Legislative Session had been closed. The Council had then
already passed the Ordinance entitled "An Ordinance to amend the
School Ordinance, 1869," of which I enclose the usual printed
Copies with the Attorney General's Report. It was of course too
late to act upon Your Lordship's suggestions during the present
Year. In fact, however, any Educational measure can be in the
existing circumstances of the Colony only of a very rudimentary
character. Not only would the details of Mr Fo[r]ster's scheme,
as Your Lordship remarks, be unsuited for adoption in this
Colony in the form applicable to England; but even the
arrangements which are desirable in a comparatively closely
populated Colony of small area like Trinidad would be found
quite unworkable from lack of material and machinery in such a
peculiar Community as British Columbia; containing a very few
thousands of population in small knots separated by great distances.

2. The Ordinance which I now transmit seeks to supply the
defects in the original measure which experience has so far
shewn to be the most important. But the want of a "conscience
clause" has not been felt. No difficulty on this point has
hitherto arisen.

*

And, in fact there are no common Schools in any District
existing without the aid of Government.

3. Great assistance may be afforded, I hope, to the Governor
and Council by the appointment of Inspectors. Mr Alston, the
Registrar of Deeds, a man of ability who has always taken great
interest in the subject of Education and Schools, has at my
request consented to act as Chief Inspector, and in the District
of Victoria—and the Magistrates will serve as Inspectors in the
other Districts. The Chief Inspector will draw up such general
rules for the management of Schools, election of local Boards,
Text Books, etc, as when approved by the Governor in Council,
will relieve the latter from the unnecessary trouble of being
applied to in matters of detail.

4. The local Boards would correspond with the Inspector, and in
any case where the Chief or District Inspector is not authorized
to determine and act under the general Rules, the matter would be
referred to the Governor in Council.

5. One of these Rules may include a "Conscience Clause," and
the necessity of any Legislative enactment as proposed by Your
Lordship would be obviated; and thus it would be in the power of
any Denominational Public School to make application for a Grant
on complying with the provisions of the Ordinance and the
Regulations made in pursuance thereof.

6. The General Rules could be so drawn as to embody all that is
valuable and applicable to our case in Mr Fo[r]ster's Act. And
although these Rules would not have the exact force of law it
would always be within the power of the Government to refuse to
make a Grant on non-compliance, supposing that they were not
repugnant to the provisions of the Ordinance.

7. I therefore submit the Ordinance just passed to the
favorable consideration of Your Lordship—not as a perfect
measure, but as another step towards the establishment of a more
satisfactory system.



================================================================================
FILE: 1870-05-17_Musgrave_to_Granville_B70071.txt
================================================================================

No. 71

Your Lordship's Original Despatch of the 23rd February, No 13,
transmitting a Report from Mr Julyan upon the position of the
Public Debt of this Colony with a Scheme for its readjustment,
did not arrive here until after the close of the Legislative
Session. An Ordinance entitled—

An Ordinance to authorize a Loan of £75,000
had already been passed, the usual printed Copies of which I now
enclose with the Attorney General's Report.

2. It was therefore too late to act during this Year upon Mr
Julyan's suggestion even if it appeared desirable to do so.
But I think the Scheme which he proposes is not quite so
advantageous as it appears, besides being open to the objection
that it could not be carried into effect without the consent of
all parties at present holding our Debentures under existing
engagements.

3. Mr Julyan assumes that his proposal would result finally in
the payment of about £47,000, Forty seven thousand pounds less
in the aggregate than will otherwise have to be paid. I venture
to think not. It could only effect this result if the Colony
should otherwise continue to pay 12 per cent, per annum,
interest for 25 years on the Floating Debt of £56,000, Fifty-six
thousand now paying that rate. But it is quite possible to
avoid this without disturbing the engagements for the old loans.
It is tolerably certain that an amount sufficient to consolidate
the floating debt can be raised at 6 per cent on an issue at 85,
or 15 per cent discount, repayable in 30 Years. By doing this
we should pay less in the aggregate than under Mr Julyan's
scheme. And I enclose a Statement which shews that the amount
would be £13,069, Thirteen thousand and sixty nine pounds in
favor of the Colony.

4. With regard to the Loan of £100,000, falling due in
1894 Mr Julyan's scheme would have no effect. We should still
have to provide 8 1/4 per cent per annum, for sinking fund and
interest as we do now; except that the distribution would be 6
1/4 per cent interest and 2 per cent fund, instead of 6 per cent
interest and 2 1/4 fund.

5. The present pressure is felt in respect of the earlier loans
which fall due in 1872 and 1880, and especially from that due in
1872. This latter Mr Julyan proposes to pay off from the
sinking fund. But this relief could at once be obtained by
raising an amount under the new Loan Act, distributed over
thirty Years, sufficient, besides liquidating the floating debt,
to furnish the provision necessary for the sinking fund of the
debt of £50,000, Fifty thousand pounds payable in 1872. The
annual draft of £7,500, Seven thousand five hundred
pounds which must otherwise be provided during the next two
Years would thus be at once removed.

6. I enclose another Statement No 2, shewing the effect of
this. If the amounts due to the Savings Bank, the Crown Fund,
and the overdrawn Bank Account, which may be otherwise dealt
with, be omitted, the aggregate of the floating debt overdue
will not be quite £50,000, Fifty thousand pounds. The sum which
may be realized from the Debentures for £75,000 Seventy-five
thousand pounds, under the Act of last Session would be
sufficient to pay this, besides providing at once for the
liquidation of the portion wanting for the £50,000, Fifty
thousand pounds Loan due in 1872. And the annual contribution
from the Revenue for all liabilities would be immediately
reduced to £23,437, Twenty-three thousand, four hundred and
thirty seven pounds, while in the end there will be difference
in favor of the Colony of £13,019, Thirteen thousand and
nineteen pounds, as against Mr Julyan's scheme. Mr Julyan's
proposal presents therefore no special advantage as regards the
first Loan of £50,000, Fifty thousand pounds, nor the fourth
Loan of £100,000, One Hundred Thousand pounds, nor the floating
debt, estimated in his scheme at £56,000, Fifty six thousand pounds.

7. There remains only the second and third Loans amounting
together to £90,000, Ninety thousand pounds, falling due in
1880, upon which the proposed rearrangement would have any
effect which cannot otherwise be obtained. But to substitute
new debentures for those now extant would require the consent of
all the holders before the existing securities and engagements
could be modified. It is doubtful whether this consent would be
given even with the inducement of an additional quarter per cent
interest. And I admit some disinclination to make any proposal
which may have the effect of lessening confidence in the
stability of our credit, while the advantage will be trifling
even if we should succeed in spreading the repayment of these
£90,000, Ninety thousand pounds, over twenty five years instead
of ten, at a sacrifice of the additional quarter per cent
interest which alone would offer any inducement to Debenture holders.

*

In any case, however, if the course proposed by Mr Julyan
should be adopted it would be preferable to limit it to the
loans falling due in 1880, and this might be attempted as a
separate transaction.

8. In the event of a probability of early Union with Canada, it
will not be financially desirable for this Colony to escape from
a little present pressure by adding to the corpus of her debts,
on which she would then lose interest permanently in the
arrangements with the Dominion. I do not therefore propose to
take any action until I shall have received the Report of the
Delegation now on their way to Ottawa to discuss the terms of
Union. But if the prospect of Confederation with the other
Provinces should appear from any cause to be deferred, I would
certainly recommend that I should be allowed to proceed with the
financial arrangements I propose under the Loan Act which I transmit.

9. I think it probable that many of the Debenture holders will
allow their money to remain with the Government under the new
arrangements at six per cent, so soon as they know that they
will otherwise be paid off. And I have already ascertained that
the Colonial Securities Company will furnish what may be
required besides within £75,000, Seventy-five thousand pounds,
at an issue guaranteed as not less than 87, with a Commission of
2 per cent, and sharing with the Government all that may be
obtained above 87.



================================================================================
FILE: 1870-05-17_Musgrave_to_Granville_B70072.txt
================================================================================

No. 72

Referring to Your Lordship's Circular Despatch of the 14th
September last I have the honor to forward a Sketch of the Badge
which it is proposed to adopt in this Colony, to be emblazoned
in the centre of the Flag to be flown by the Governor—in
accordance with the Order in Council made at the instance of the
Admiralty. The badge is the Crest of the Royal Arms, a Lion on
the Crown. I must however observe that the utility of the
change proposed appears to be doubtful. The Flag hitherto
authorized for use by the Governor on ship-board or in boats is
a White Flag with a Crown, or Arms of the Colony, in the
centre, and was known to be personal to the Governor; and could
not be mistaken for an Admiral's Flag. But the Union Jack has
always been flown at Government House, at Public Buildings, and
Forts in every Colony in which I have resided, as the National
Ensign. Is it now to be understood that the plain Union Jack is
no longer to be so used? If so the Nation will be without a
common National Ensign. The Navy fly one Ensign, the Naval
Reserve another, the Merchant Shipping a third. While there
will be as many varieties of the Union Jack as there are
Colonial Dependencies and Departments in Her Majesty's service.



================================================================================
FILE: 1870-05-19_De_Cosmos_and_Courtney_to_Secretary_of_State_B705MI05.txt
================================================================================

De Cosmos and Courtney to Secretary of State

In behalf of a Public Meeting held in Victoria Theatre on May
13th 1870, with reference to the suspension of the Honorable
Thomas Basil Humphreys, of which we were respectively the
Chairman and Secretary; we have the honor to transmit the
accompanying resolution that was passed nearly unanimously on
that occasion.

Herewith are also two copies of the Evening News, dated
respectively May 11th and May 14th 1870; the first shewing
that due notice was given of the Meeting, and the second
containing a report of the same.



================================================================================
FILE: 1870-05-21_Hammond_to_Rogers_Permanent_Under-Secretary_B705FO06.txt
================================================================================

Memo, Hammond to Rogers (Permanent Under-Secretary)

Mr Hammond presents his Compliments
to Sir F. Rogers and, with reference to the Letter from the
Colonial Office of the 7th instant is directed by The Earl of
Clarendon to state, for the information of Earl Granville that
the Queen's Exequatur empowering Mr David Eckstein to act as
United States Consul at Victoria, Vancouver's Island has this
day received Her Majesty's Signature.

The Notification of Her Majesty's Approval of Mr Eckstein's
Appointment will appear in the "Gazette" of the 24th instant.



================================================================================
FILE: 1870-05-23_Musgrave_to_Granville_B70073.txt
================================================================================

No. 73

I have the honor to report that I have suspended Mr Thomas
Basil Humphreys from the exercise of his Office as a Member of
the Legislative Council until Her Majesty's pleasure shall be known.

2. This course was taken with the unanimous approval of the
Executive Council, and in accordance with the almost unanimous
Resolution of the
Legislative Council, of which I enclose a Copy, with a transcript
of the proceedings upon which the Resolution was founded.

3. I have some doubt whether the Legislative Council acted
wisely in attaching so much importance as they did to the
abusive language alleged to have been used by Mr Humphreys at a
Public Meeting in Victoria;

*

but when his disrespect to the Council had been formally brought
to my notice in the manner in which it was laid before me,

**

and after the strong opinion of the Executive

***

Council, Members of which, unofficial as well as official, were
personally cognizant of all that had passed, it appeared to me
that I could not without lessening the dignity of the
Legislature of the Colony, refuse to comply with their request
that Mr Humphreys should be removed, and suffer his conduct to
pass unrebuked.

4. Mr Humphreys has been acquainted that I would transmit any
statement or explanation which he might desire to furnish, but
he has failed to forward any, though ample time has been
afforded to him.

5. The matter is practically of little importance, though it
has given occasion to a "public meeting" of irresponsible
persons in Victoria, at which a Resolution condemnatory of the
conduct of the Council was passed. The question of suspension
will perhaps practically be settled almost before Your Lordship
receives this Despatch, if you have approved of my suggestion
that the Legislative Council should be reconstituted.

****



================================================================================
FILE: 1870-05-23_Musgrave_to_Granville_B70074.txt
================================================================================

No. 74

At the request of Mr Thomas Lett Wood, late Acting Attorney
General of Vancouver Island, I forward to Your Lordship copies
of some correspondence which has passed between that Gentleman
and myself respecting a claim which he regards himself as
possessing for employment from Her Majesty's Government.

2. Mr Wood's service was antecedent to my acquaintance with
the Colony, and as it was temporary in its character, I do not
consider it as constituting any very strong claim. Mr Wood
however is an English Barrister of Education and local position.
But for the Union of the Colonies he might probably have been
confirmed in the appointment of Attorney General of Vancouver
Island. And under the circumstances of his case Your Lordship
may consider his claim as worthy of some consideration.



================================================================================
FILE: 1870-05-23_Thring_to_Assistant_Under-Secretary_B705MI04.txt
================================================================================

Thring to Assistant Under-Secretary

I have settled the Bill relating to British Columbia according
to my instructions. Care must be taken that the Bill is
sufficiently wide to cover any order in Council intended to be
made in pursuance thereof.



================================================================================
FILE: 1870-05-24_Granville_to_Musgrave_B707051.txt
================================================================================

No. 51

I am directed by the Secretary of State to inform you that the
Queen's Exequatur empowering Mr. David Eckstein to act as Consul for the
United States at Victoria, Vancouvers Island received Her Majesty's
signature on the 21st Instant, and that the notification of Her
Majesty's approval of the appointment of Mr. Eckstein will appear in the
Gazette of the 24th instant. Mr. Eckstein is stated to have never
resided in Great Britain or any of its dependencies.



================================================================================
FILE: 1870-05-27_Musgrave_to_Granville_B70075.txt
================================================================================

No. 75

I have the honor to acknowledge the receipt on the 21st
instant, of your despatches, of the numbers and dates noted in
the margin,

*

and to transmit the Schedules of those remaining unanswered.



================================================================================
FILE: 1870-05-31_Musgrave_to_Granville_B70076.txt
================================================================================

No. 76

I have the honor to enclose a Petition addressed to Her Majesty,
by the British Columbia Cathedral Restoration Committee, which
has been forwarded to me for transmission in the letter of which
I annex a copy.

2. The object of the Petitioners is to obtain assistance in
rebuilding the Cathedral Church of Victoria, which was last year
destroyed by fire. The purpose in view is praiseworthy, but
knowing how many similar applications must be presented to Her
Majesty, I feel myself somewhat at a loss for grounds upon which
to urge this one, as specially deserving Her Majesty's gracious
consideration.



================================================================================
FILE: 1870-05-31_Musgrave_to_Granville_B70077.txt
================================================================================

No. 77

I have consulted the Attorney General upon the subject of Your
Lordship's Circular Despatch of the 28th December last
respecting the construction of the "Casual Revenues" and "Law
and practice of Escheat Acts," which have been passed in various
Colonies, and as to the proper mode of dealing with the proceeds
of Escheated Estates.

2. The subject is not one that has been brought into notice in
this Colony and there is no immediate necessity for legislation
upon it. But it would be well perhaps to pass a modification of
the Sketch Bills furnished by your Lordship, at the next Session
of the Legislature.



================================================================================
FILE: 1870-06-02_Granville_to_Musgrave_B707052.txt
================================================================================

No. 52

I have the honor to acknowledge the receipt of your Despatch No. 36
of the 23rd April enclosing a copy of a resolution transmitted to you by
the Legislative Council of British Columbia in regard to the Island of
San Juan. A copy of that resolution has been forwarded to the Secretary
of State for Foreign Affairs.



================================================================================
FILE: 1870-06-02_Granville_to_Musgrave_B707053.txt
================================================================================

No. 53

I have the honor to acknowledge the receipt of your Despatch No. 39
of the 23rd April, in regard to the appointment of Phillippo as Attorney
General of B. Columbia, and the emoluments to be attached to that
office.

In case any difficulties should occur in the Council with reference
to the increase to £800 per annum of the salaries fixed by the Crown
Salaries Act, I have to authorize you, as you propose to make Mr.
Phillippo's salary up to that amount from the vote which supplied the
fees paid to the late Attorney General.



================================================================================
FILE: 1870-06-04_Hammond_to_Under-Secretary_of_State_B705FO07.txt
================================================================================

Hammond to Under-Secretary of State

I am directed by the Earl of Clarendon to acknowledge the
receipt of your Letter of the 2nd instant forwarding a copy of
a Resolution passed by the Legislative Council of British
Columbia relative to the Island of San Juan; and in reply I am
to request that you will state to Earl Granville that Lord
Clarendon fears that it will be of no use at present to moot
this question with the United States Government.

I am to add that copies of this correspondence will be sent,
Confidentially, to Mr Thornton by this day's Mail.



================================================================================
FILE: 1870-06-04_Musgrave_to_Granville_B70078.txt
================================================================================

No. 78

I have the honor to forward to Your Lordship, an authenticated,
and two plain copies of an ordinance passed by the Legislative
Council entitled,

An ordinance to amend the road ordinance 1869.

2. The Attorney General's Report which is annexed will furnish
all necessary information, respecting this measure, which seems
to be required.



================================================================================
FILE: 1870-06-07_Musgrave_to_Granville_B70079.txt
================================================================================

No. 79

I have the honor to forward to Your Lordship, an authenticated,
and two plain copies of an Ordinance passed by the Legislative
Council entitled,

An Ordinance to alter and amend the County Court Ordinance 1867.

2. The Attorney General's Report is annexed.

3. I regard the provisions of the measure as judicious. A very
extensive jurisdiction is confided by the original ordinance to
the County Court Judges, who are the Stipendiary Magistrates in
the several Districts, and who are not members of the legal
Profession. In cases where the amounts in dispute are above the
sum of £10, it is desirable that the litigants should have
opportunity for obtaining the decision of a higher Court, and a
duly qualified Judge. The power may not often be used, but the
fact of its existence will tend to remove some dissatisfaction
which has arisen with regard to the action of the County Courts.



================================================================================
FILE: 1870-06-07_Musgrave_to_Granville_B70080.txt
================================================================================

No. 80

I have had the honor to receive Your Lordship's Despatch No 42
of the 21st April last, acquainting me that the Lords
Commissioners of the Admiralty desired to be informed what
amount of punishment was awarded to two men, named Lyons, and
Shakespeare, who were convicted in the Colonial Court at
Esquimalt in 1869, of having assisted two men in an attempt to
desert from Her Majesty's Ship "Satellite."

2. In reply, I have the honor to acquaint you that Lyons was
sentenced to twelve months imprisonment, the last month with
hard labour, and Shakespeare to three Months imprisonment with
hard labour.



================================================================================
FILE: 1870-06-07_Musgrave_to_Granville_B70081.txt
================================================================================

No. 81

I have the honor to forward to Your Lordship a letter from Mr
Begbie, Chief Justice of this Colony, praying for promotion to a
more lucrative appointment.

2. Mr Begbie, has without doubt, discharged the duties of his
present office well, and faithfully, during a trying period in
the Early history of this Colony. And my only objection to his
application is, that its success must deprive British Columbia
of his valuable services.



================================================================================
FILE: 1870-06-08_Granville_to_Musgrave_B707054.txt
================================================================================

No. 54

In have the honor to acknowledge the receipt of your Despatch No. 45
of the 25 April requesting permission to defer the remittance of the sum
of £675.2.4 being the amount due to the War Department by the government
of British Columbia.

For the reasons stated by you I shall not press the immediate
liquidation of that claim, but I have to request you to make provision in
next year[s] Estimates for the amount in question or for the greater
part of it.



================================================================================
FILE: 1870-06-08_Granville_to_Musgrave_B707055.txt
================================================================================

No. 55

I have the honor to acknowledge the receipt of your Despatch No. 43
of the 25th April, and in reply to inform you that, under the
circumstances you describe, I approve of your not having laid before the
legislative Council the correspondence which passed between this
Department and the late Mr. Seymour on the subject of the Supreme court
in British Columbia.



================================================================================
FILE: 1870-06-09_Musgrave_to_Granville_B70082.txt
================================================================================

No. 82

I have the honor to acquaint Your Lordship that I have drawn a
Bill, as per margin,

*

on Her Majesty's Paymaster General for the sum of Fifteen
Hundred Pounds (£1500) on account of the Detachment of Royal Marines
stationed at San Juan Island, and to request that you will be
good enough to cause the necessary steps to be taken in order
that the Bill may be met at maturity.



================================================================================
FILE: 1870-06-10_Granville_to_Musgrave_B707056.txt
================================================================================

No. 56

I have the honor to acknowledge the receipt of your Despatch No. 54
of the 29th April enclosing copies of the message with [which] you
closed the Legislative Session of B. Columbia on the 23rd of that month.



================================================================================
FILE: 1870-06-10_Musgrave_to_Granville_B70083.txt
================================================================================

No. 83

I have the honor to transmit, herewith, printed Copies of the
Debates, on the subject of Confederation, which took place during
the recent Session of the Legislative Council.



================================================================================
FILE: 1870-06-11_Granville_to_Musgrave_B707057.txt
================================================================================

No. 57

I have received your Despatch No. 48 of the 28th April, forwarding
for the approval of Her Majesty an authentical copy of an Ordinance
passed by the Legislative of B. Columbia entitled No. 6 of 1870 "An
Ordinance entitled the Game Ordinance, 1870."

I have to convey to you Her Majesty's gracious confirmation and
allowance of this Ordinance.



================================================================================
FILE: 1870-06-11_Granville_to_Musgrave_B707058.txt
================================================================================

No. 58

I have received your Despatch No. 49 of the 28th April forwarding
an [?] approval of Her Majesty and authenticated copy of an Ordinance
passed by the legislature of B. Columbia entitled No. 9 of 1870 "An
Ordinance respecting the enforcement of Municiple [Municipal] By-Laws."

I have to convey to you Her Majesty's gracious confirmation and
allowance of this Ordinance.



================================================================================
FILE: 1870-06-11_Granville_to_Musgrave_B707059.txt
================================================================================

No. 59

I have the honor to acknowledge the receipt of your Despatch No. 50
of the 28th April, and to convey to you Her Majesty's Gracious
confirmation and allowance of the Ordinance passed by your Government
(No. 15 of 1870) and entitled "An Ordinance to make general regulations
and establishments and management of Cemeteries in the Colony of British
Columbia." I have to observe however with Section 15 that it is not
convenient that a Clause of that kind should be inserted in each
Ordinance and that such provisions should be passed in a General
interpretation Ordinance somewhat similar to the Imperial Act 13 and 14
Vic. Cap. 21, and thus made applicable to all Legislation in the Colony.



================================================================================
FILE: 1870-06-11_Granville_to_Musgrave_B707060.txt
================================================================================

No. 60

I have received your Despatch No. 53 of the 29th of April
forwarding for the approval of Her Majesty an authenticated copy of an
Ordinance passed by the Legislature of B. Columbia entitled No. 12 of
1870 "An Ordinance to regulate the fees of the Supreme Court of British
Columbia."

I have to convey to you Her Majesty's Gracious confirmation and
allowance of this Ordinance.



================================================================================
FILE: 1870-06-11_Granville_to_Musgrave_B707061.txt
================================================================================

No. 61

I have the honor to acknowledge the receipt of your Despatch No. 55
of the 5th May enclosing an "Ordinance respecting the Supreme Courts"
No. 8 of 1870 which has been passed by the Legislative Council of
British Columbia. I have to convey to you Her Majesty's confirmation
and allowance of that ordinance upon the understanding that the error
which has been made in it as regards the salary of the Deputy registrar
will be amended at the earliest opportunity.



================================================================================
FILE: 1870-06-11_Granville_to_Musgrave_B707062.txt
================================================================================

No. 62

I have the honor to acknowledge the receipt of your Despatch No. 63
of the 11 May and to convey to you Her Majesty's Gracious confirmation
and allowance of the Ordinance passed by the Government of British
Columbia and entitled No. 16 of 1870 An "Ordinance to assimilate and
amend the Law relating to Bills of sale."

I have to point out to you however that it is not correct to repeal
an Imperial Act as is done by the first Section of this ordinance, the
proper course to assume is to enact that the Imperial Act shall be no
longer in force with the Colony.



================================================================================
FILE: 1870-06-11_Musgrave_to_Granville_B70084.txt
================================================================================

No. 84

Referring to my Despatch No 42, of 27th December last, I have
the honor to report that I am about to avail myself of the Leave
of Absence granted to me by Your Lordship, for the purpose of
making a short visit to San Francisco. I shall leave in Her
Majesty's Ship "Sparrowhawk" to-day, and shall probably have
returned before Your Lordship receives this Despatch. During my
absence for these few weeks the temporary administration of the
Government will be assumed by Mr Hankin the Colonial
Secretary and Senior Member of the Executive Council, in
accordance with the Royal Instructions.



================================================================================
FILE: 1870-06-13_Granville_to_Musgrave_B707063.txt
================================================================================

No. 63

I have to convey to you my confirmation of the leave of absence for
three months which you have granted to Mr. James Judson Young Clerk in
the Colonial Secretary's Office from the 11th August next as reported in
your Despatch No. 61 of the 10 May last.

In reporting leave of absence to public Officers I request that you
will keep distinct the two cases of vacation leave and leave of absence
as the former does not count against the Officer in calculating the
amount of leave to which he is entitled in the proportion of 1/6th
absence to his total resident service. Vacation leave does not require
the Secretary of State's sanction and need only be reported for
information.



================================================================================
FILE: 1870-06-13_Wolley_to_Under-Secretary_of_State_B705AD05.txt
================================================================================

Wolley to Under-Secretary of State

With reference to my letter of the 4 January 1869, in regard to
a detachment of marines having been furnished as a guard for
service at Government House Victoria, which would however be
withdrawn as soon as the unsettled state of affairs in British
Columbia had subsided; I am commanded by my Lords Commissioners
of the Admiralty to request you will inform the Secretary of
State for the Colonies that a despatch has been received from
the Naval Commander in chief on the Pacific Station stating that
he was inclined to coincide in the opinion expressed by His
Excellency the Governor in a letter dated 1st January (copy
enclosed) to the Senior Naval Officer at Esquimalt as to the
desirability of the services of the guard being retained, and
that consequently the removal of the men had been deferred until
the receipt of further instructions.

2. My Lords will have no objection, if Earl Granville considers
it expedient, to leave the question of the withdrawal or
retention of the guard to the discretion of the Naval Commander in Chief.



================================================================================
FILE: 1870-06-14_Granville_to_Musgrave_B707064.txt
================================================================================

No. 64

I have to acknowledge the receipt of your Despatch No. 57 of the
6th May and to confirm the appointment of Mr. Richard Woods to be
Registrar and Mr. Charles Edward Pooley to be deputy Registrar of the
Supreme Court of B. Columbia.



================================================================================
FILE: 1870-06-14_Granville_to_Musgrave_B707065.txt
================================================================================

No. 65

I have to acknowledge the receipt of your Despatch No. 66 of the 13
of May reporting the Departure from B. Columbia of the Delegates whom
you have appointed to conver [confer] with the Government of Canada on
the subject of Confederation of the Colony with the Dominion.



================================================================================
FILE: 1870-06-14_Mallet_to_Under-Secretary_of_State_B705TA01.txt
================================================================================

Mallet to Under-Secretary of State

I am directed by the Lords of the Committee of Privy Council for
Trade to acknowledge the receipt of your letter of the 11th
instant, transmitting an Ordinance passed by the Legislature of
British Columbia in the month of April last, entitled "An
Ordinance to create a further duty of Customs for the Public
Service," together with a copy of the Governor's despatch, and
the Local Attorney General's thereupon, and in reply I am to
request that you will state to Earl Granville that My Lords are
of opinion that the Ordinance in question may properly receive
Her Majesty's confirmation and allowance.



================================================================================
FILE: 1870-06-15_Granville_to_Musgrave_B707065A.txt
================================================================================

Confidential

I have the honor to acquaint you with reference to my Despatch No.
52 of the 2nd Instant that the Secretary of State for Foreign Affairs
has informed me that he fears it will be no use at present to moot the
question of San Juan with the United States Government, but that Copies
of your Despatch and of the Resolution of the Legislative Council of
British Columbia will be sent Confidentially to Her Majesty's Minister
at Washington.



================================================================================
FILE: 1870-06-16_Stansfeld_to_Rogers_Permanent_Under-Secretary_B705TE06.txt
================================================================================

Stansfeld to Rogers (Permanent Under-Secretary)

With reference to the last paragraph of the despatch of 6th
ult. from the Governor of British Columbia, copy of which was
transmitted in your letter of 10th inst, I am directed by the
Lords Commissoners of Her Majesty's Treasury to state, for the
information of Earl Granville, that the desire of the Admiralty
is that the present arrangement, by which the Account of
Expenditure in connection with the Detachment of Royal Marines
at San Juan Island is made up for the year from 1st January to
31st December, should be changed, and that for the future the
Account should be made up from the 31st March in one year to
the same date in the next.

I am also to request that directions may be given for the early
transmission of the Account for the Quarter to 31 March 1870 in
order to give effect to this arrangement.



================================================================================
FILE: 1870-06-17_Morley_to_Monsell_Parliamentary_Under-Secretary_B706M08.txt
================================================================================

Morley to Monsell (Parliamentary Under-Secretary)

I should be much obliged if it is within the province of the
Colonial office to obtain the information requested by my
correspondent

*

in the accompanying letter. He is a gentleman of
much scientific knowledge, a highly respectable dissenting
minister in Cambridge. He has sent three copies of the letter
supposing it possible that a copy may be sent to three
different persons to obtain the information which is sought.

I venture to commend the matter to your kind consideration.



================================================================================
FILE: 1870-06-17_Nias_to_Granville_B706N03.txt
================================================================================

Nias to Granville

I have to acknowledge the receipt on the 12th inst of a letter
written by your direction and signed Robert G.W. Herbert,
"acknowledging the receipt of my Petition to Her Majesty (a copy
of which is enclosed) praying that the Authorities of
British Columbia may be instructed to
issue a Title to certain land which I have Pre-empted
in that Colony"—in which reply you inform me "that my Petition
has been forwarded to Governor Musgrave."

I beg most respectfully to represent that I did not Petition Her
Majesty until I was wearied out in applying to the Local Authorities.

That Governor Seymour told me
"that he could not give me the Title because some of the
officials were opposed to it"
adding "that I should never be disturbed in my possession while he
was Governor."

Unless, therefore, instructions have been sent with the Petition
to the effect—that if my claim is in accordance with the Law, the
Title is to issue to me—my Petition is of no avail.

And I ask myself "Is Petition to the Queen a delusion, or a farce."

The officials of British Columbia have constantly refused to
issue the Title to me: and have tried to ensnare me by offering
me a Twenty-one years Lease at a nominal Rent.

To appeal to them is waste of time.

May I therefore, My Lord, beg your further interference, to
direct—

That— "if I have complied in all and every particular with
.usc the Pre-emption Law, that the Title be no longer withheld from me."



================================================================================
FILE: 1870-06-18_Stansfeld_to_Rogers_Permanent_Under-Secretary_B705TE07.txt
================================================================================

Stansfeld to Rogers (Permanent Under-Secretary)

I am directed by the Lords Commissrs of Her Majesty's Treasury
to state, for Earl Granville's information, that their Lordships
see no objection to the confirmation of the Ordinance, passed
by the Legislature of British Columbia & entitled No 7 of 1870
"An Ordinance to create a further Duty of Customs for the Public
Service," a transcript of which was enclosed in Mr Holland's
letter of 11th inst.



================================================================================
FILE: 1870-06-20_Granville_to_Musgrave_B707066.txt
================================================================================

No. 66

I transmit to you for your information and guidance and in reply to
your Despatch No. 56 of the 6th May a copy of a letter from the Treasury
from which you will be [?] perceive that the accounts of expenditure in
connection with the Detachment of Royal Marines at San Juan Island are
from the future to be made up from the 31st March in one year to the
same date in the next.

In order to give effect to this arrangement I have to instruct you
to forward to this Department as soon as possible the account for the
Quarter ending 31st March last.



================================================================================
FILE: 1870-06-21_Granville_to_Musgrave_B707067.txt
================================================================================

No. 67

I transmit to you a copy of a letter from the Reverend W. Robinson
which I have received from Mr. J. Morley, M.P. requesting information in
regard to the physical features of parts of the Colony under your
Government.

I should be glad if you would endeavour to obtain for Mr. Robinson
the information which he desires.



================================================================================
FILE: 1870-06-22_Granville_to_Musgrave_B707068.txt
================================================================================

No. 68

I have received your Despatch No. 51 of the 28th April forwarding
for the approval of Her Majesty an authenticated copy of an Ordinance
passed by the Legislature of British Columbia entitled No. 7 of 1870 "An
Ordinance to create a further Duty for the Public Service."

I have to convey to you Her Majesty's gracious confirmation and
allowance of this Ordinance.



================================================================================
FILE: 1870-06-25_Gray_to_Under-Secretary_of_State_B705TA02.txt
================================================================================

Gray to Under-Secretary of State

I am directed by the Board of Trade to acknowledge the receipt
of Mr Holland's letter of the 11th Instant, transmitting for
any observations which may occur to them a copy of an ordinance,
by the Legislature of British Columbia "to prevent desertion
from British Ships."

In returning the Ordinance herein I am to state that while the
Board of Trade think that the Ordinance may be left to its
operation they fear that it will be very difficult to prove any
offence against it.

In their opinion the penalty under the 1st Section, for
inciting Seamen to desert and harbouring deserters should be
inflicted in all cases in which the defendant cannot prove that
he or she had no means of knowing and did not know that the
Seaman or Apprentice was so harboured or secreted.

This is the principle upon which the law with regard to the
prosecutions of persons for illegal possession or secreting of
wreck[s] is framed, and the Board of Trade are of opinion that it
would be well to adopt it in regard to crimping.



================================================================================
FILE: 1870-06-25_Sargeaunt_to_Herbert_Assistant_Under-Secretary_B705AG05.txt
================================================================================

Sargeaunt to Herbert (Assistant Under-Secretary)

Adverting to my letters of the 15th and 22nd February last I
transmit for Earl Granville's consideration the enclosed letter
from the Admiralty together with sundry Vouchers in support
of claims against the Governments of British Columbia, Hong Kong
and Gibraltar. There is also a claim for £2.5.9 for stores
supplied at the Nicobar Islands.

The Crown Agents have no information on the subject of these
claims beyond what is contained in the enclosed Admiralty letter.



================================================================================
FILE: 1870-06-28_Wolley_to_Under-Secretary_of_State_B705AD06.txt
================================================================================

Wolley to Under-Secretary of State

With reference to your letter of the 11th inst, transmitting a
copy of an Ordinance passed by the Government of British
Columbia "to prevent desertion from Merchant Ships," &
requesting to be informed whether My Lords Commissioners of the
Admiralty wish the same to be applied also to Deserters from Her
Majesty's Ships, I am commanded by their Lordships to acquaint
you for the information of Earl Granville that they do not wish
the provisions of this Ordinance to be applied to Deserters from
the Royal Navy, as the 25th & 26th Sections of the Naval
Discipline Act apply to any part of Her Majesty's Dominions.



================================================================================
FILE: 1870-06-30_Granville_to_Musgrave_B707069.txt
================================================================================

No. 69

I have the honor to transmit to you copies of vouchers in support of
claims preferred by the Admiralty against your Government for Stores and
labour.

I have to request you to report whether these claims amounting to
£52.9.3 are correct in order that they may be settled by the Agents.



================================================================================
FILE: 1870-07-02_Granville_to_Musgrave_B707070.txt
================================================================================

No. 70

I have the honor to acknowledge the receipt of Despatch No. 70 of
the 16 May and to convey to you Her Majesty's gracious confirmation and
allowance of the Ordinance passed by the Government of British Columbia
No. 5 of the 20th April 1870 entitled "An Ordinance to amend the Common
School Ordinance 1869." At the same time I have to inform you that the
Queen has been pleased to confirm and allow the Ordinance No. 21 of 1869
entitled "An Ordinance to establish public Schools throughout the Colony
of British Columbia."



================================================================================
FILE: 1870-07-02_Musgrave_to_Granville_B70085.txt
================================================================================

No. 85

Referring to my Despatch No 84, of the 11th ultimo, I have the
honor to report that I returned to Victoria this morning and
have resumed the administration of the Government.



================================================================================
FILE: 1870-07-05_Wood_to_Kimberley_B706W07.txt
================================================================================

Wood to Kimberley

Having arrived in England from British Columbia in which Colony
I have been resident for upwards of eight years, and during a
portion of which time I have been in the Service of the Crown I
have the honor to submit the following statement for your
Lordship's favorable consideration.

2. Sometime before leaving British Columbia I addressed a note
to His Excellency Governor Musgrave referring to the position I
held in the Colony and stating upon what grounds of merit and
public service I ventured to hope that my case, when occasion
offered, might be favorably considered. His Excellency favored
me with a reply and more than one interview, and he was good
enough to say that he would transmit to the Colonial Office
copies of our correspondence wherein the nature of my services
is detailed, together with such comments of his own as he might
think proper to make and to these I venture to refer Your Lordship.

3. I may however here state that the circumstances of my case
are shortly these. Early in 1863 I arrived in Vancouver Island
(then a separate Colony) and in obedience to what I understood
to be the guiding principle in the Colonial Service, that local
merit would enable me to secure the honor and Emoluments of my
profession I endeavoured to the best of my ability to
distinguish myself at the local Bar.

4. This point of the presumable recognition by the Colonial
Office of local merit and services, was, I can assure your
Lordship a matter upon which I had just reason to rely and did
rely, and I am permitted by Mr W.S. Lindsay then MP for Sunderland
to refer your Lordship to him as having been expressly given to
understand by the then Colonial Minister on the occasion of an
application made by him to the Colonial Office on my behalf, a
short time before my Departure from England in 1862, that the
best and soundest ground upon which I could hope for legal
preferment in the Colonial Service of the Crown was by local
distinction; the rule being that the Colonial Office did not
appoint from Home except in the absence of [an] apt man in the
Colony.

5. After practicing at Victoria and in Cariboo for more than a
year His Excellency Sir Arthur Kennedy then Governor of
Vancouver Island did me the honor to appoint me Acting Attorney
General for Vancouver Island and as such I continued from August
1864 until November 1866 when by the operation of "The British
Columbia Act 1866" the Colony of Vancouver Island was absorbed
in that of British Columbia, and the Executive of the former
Colony ceased to exist.

6. In November 1866 Mr Seymour then Governor of the United
Colony continued my appointment as nominal Attorney General of
Vancouver Island until January 1st 1867 and again retained me
as Solicitor General of British Columbia until April 1st 1867,
both of them temporary and exceptional offices; when, the
Legislative Session of 1867 having closed, my services were no
longer required.

7. Your Lordship is doubtless aware that by the Act of the
Imperial Parliament uniting the Colonies of British Columbia and
Vancouver Island no provision was made for the establishment of
an effective Supreme Court having jurisdiction throughout the
entire Colony; and pending the reconsititution of such Supreme
Court which I have ventured to hope was no less necessary than
imminent, and which I thought must lead to a vacancy on the Bench
or in the office of Attorney General I remained in the Colony,
with, I trust, not an unreasonable hope that my past services
would not be overlooked when occasion should arise.

8. This occasion though delayed for upwards of three years—arose
on the promotion of Mr Needham to the Chief Justiceship
of Trinidad and the consequent promotion of Mr Crease to the
Puisne Judgeship of British Columbia but the vacant office of
Attorney General of British Columbia was filled up by the
appointment of Mr Philippo from home.

9. The circumstances of the Colony are such as to make the
ordinary emoluments of the profession without the addition of
some certain permanent salary too precarious for me to endeavour
to reside in the Colony with reasonable comfort and without your
Lordship's assistance I have no alternative but to try the
fortunes of my profession elsewhere which at my age of 49 and
with the ties of a family is somewhat hazardous.

10. Your Lordship will observe that my appointment as Acting
Attorney General was never confirmed, and such being the case it
might be said that I do not hold the same strong claim to favor
from the Colonial Office on ceasing to hold office on the Union
of British Columbia with Vancouver Island which a Crown Officer
suddenly deprived of office for reasons of public policy is
usually presumed to have; but I trust that your Lordship will
consider that in principle and in fairness my position is no
less strong; considering the length of time during which I was
acting as Attorney General for Vancouver Island and the nature
of my services while I so acted.

11. On being appointed Acting Attorney General by Sir Arthur
Kennedy in 1864, it has been lately for the 1st time intimated
to me that Sir Arthur Kennedy in communicating with the Colonial
Office on the subject of my appointment, while speaking of me in
favorable terms; yet on account of local complications which he
considered then to exist recommended a permanent Attorney
General of Vancouver Island to be appointed from home; but this
fact was never at the time communicated to me, and the covering
letter containing my appointment as Acting Attorney General of
Vancouver Island stated that it was "pending the
approval or decision"
of the Secretary for the Colonies and without for a moment
imputing any blame to His Excellency Sir Arthur Kennedy in
acting with the reserve that he did; yet I may say for myself
that had it been communicated to me, that an Attorney General was
to be appointed from England, I should either have declined the
acting appointment or have made provision for leaving the
Colony on the arrival of my successor for the same reason that
now obliges me to do so.

12. No intimation having ever reached me as to the decision of
the Colonial Office with respect to my appointment
notwithstanding a direct application made by me, and addressed
to the Colonial Office under cover to the Governor soliciting a
confirmation in my office, and not supposing that any valid
reason could exist to prevent my formal appointment by warrant,
save the probability of a speedy Union of the two Colonies of
British Columbia and Vancouver Island I did my duty as an
Executive Officer in promoting that Union in the Common
interests, as I believed, of the Colonies themselves no less
than of the mother Country, and relying upon what was expressed,
but need hardly have been expressed, by our then Governor Sir
Arthur Kennedy, that disinterested
and candid conduct in that
matter though against our apparent interests would never be
overlooked in an officer of the Crown.

13. After the Union of the Colonies of British Columbia and
Vancouver Island I have every reason to think that Mr Seymour
regarded me as the leading member of my profession. I was still
retained, as far as he could do so, in the service of the Crown
as a nominal Attorney General and Solicitor General for a few
months—Subsequently as a Commissioner of Bankruptcy and
locum tenens
of Mr Needham during his absence in Cariboo, and always since
1866 as one of the 3 non-official and non representative members
of the Legislative Council of British Columbia.

14. In asking for favorable consideration at your Lordship's
hands I would beg to refer to the clear letter and spirit of the
published Rules and Regulations which we hold as favoring the
service in matters relating [to] the filling up of vacancies in
Colonial appointments and which point to local merit and local
services as the stepping stone to local preferment. My services
as Attorney General of Vancouver Island may speak for themselves
but I am sure I may ask for the favorable judgment of all who
have known me in the Colony to satisfy you that I discharged the
duties of my office with integrity and at least average ability
and sustained in public and in private the credit of the
honorable office I then held.

15. I do not desire to ask for your Lordship's more favorable
consideration of my case on the Ground of my having incurred
such pecuniary losses as I in common with many others have
sustained by reason of the decline of the Colony, except in so
far as they bear upon the matters above adverted to; but I may
say that I emigrated in 1862 with a wife and family, and
established myself substantially in the Colony at considerable
expense under a conviction that by doing so I was assisting
the solid colonization of the place, at the same time that by
professional distinction I might fairly hope to attain to the
honor and reward of my profession. On continuing year after
year without interruption to be acting Attorney General of
Vancouver Island; knowing that I did my duty to the satisfaction
of the executive, I was induced to make, and did make, such
investments as I should not otherwise have done had I known my
position to be as precarious as I now find it to have been,
and which investments can only be realized at the present time
by forced sale at very great loss while I am now obliged
owing to the decline of the Colony, at great personal
inconvenience, and loss, to return to England and obtain
Employment where best I can; and in addition to this I may I
trust reasonably lay claim to consideration on the fact that for
years past owing to circumstances to which I need hardly allude
the question of the modification of the Supreme Courts of
British Columbia, a matter known to be necessary and carrying
with it so far as I am concerned the question of my advancement
or comparative poverty being kept in abeyance for upwards of 3
years left me in a position of uncertainty involving no slight
amount of loss of time and means and much mental trial.

16. I can hardly help thinking that your Lordship will consider
the withholding of any confirmation by the Colonial Office of my
appointment as Attorney General of Vancouver Island as telling
rather in my favor than against it. I had fair reason to expect
that I should have been either promptly dismissed or confirmed
in my office. As a member of the Executive Council bound to act
an independent part in the interests of the Crown and the Colony
I felt that I filled an important and delicate position without
that security in the tenure of his office which an Attorney
General ought to have. In many ways my duties as Crown Officer
and Legislative Councillor have interfered with the emoluments
of my profession and after 2 1/2 years of faithful service I hope
your Lordship may feel that my case is one which deserves to
secure the favorable consideration of Her Majesty's Government.

17. I have the honor to enclose a letter from Sir Arthur
Kennedy which I have recently received referring to my conduct
and character during my tenure of office in Vancouver Island.

18. In conclusion I may say that I am mainly induced to select
Vancouver Island as a home on the score of its acknowledged
salubrity. At my age and with a wife and young children a
consideration for their health and welfare no less than for my
own makes it impossible for me to contemplate living in a
tropical country except under favorable circumstances. Should
your Lordship, however, have in your disposal some appointment
either judicial or as Attorney General in a healthy Colony, I
trust your Lordship will consider the facts adverted to above as
establishing a strong case in my favor.



================================================================================
FILE: 1870-07-08_Maunsell_to_Assistant_Secretary_of_State_B706M05.txt
================================================================================

Maunsell to Assistant Secretary of State

On behalf of the widow of the late Governor of British Columbia
I have the honor to ask that the Earl of Kimberley will move the
Lords Commissoners of Her Majesty's Treasury to direct the
Commissioners of Customs to afford the usual privileges in the
passing of eleven cases addressed to Messrs Bushby & Lee, St.
Peter's Chambers, Cornhill, marked "F.S." which have arrived in
London from Victoria, British Columbia by the ship "Prince of Wales."

These cases contain the personal effects of the late Governor
Seymour and were packed in the Colony under my supervision.



================================================================================
FILE: 1870-07-08_Watson_to_Secretary_of_State_B706W02.txt
================================================================================

Watson to Secretary of State

I have the honor to represent the following circumstances for
Your Lordship's consideration.

From the Year 1861 up till 1867 I held the appointment of
Treasurer of the Colony of Vancouver Island under a Royal
Warrant of appointment.

During that period I discharged the duties of the Office, I have
reason to believe, with satisfaction to the Several Officers
Administering the Colonial Government.

On the faith that the Treasurership which I had been induced by
Sir James Douglas to accept was of a permanent character, I
relinquished a valuable position in the Bank of British North
America with the prospects of advancement, which lengthened
service in the Bank entitled me to expect, and subsequently
married with a view of settling in the Colony.

In the Year 1867 the Imperial Act uniting Vancouver Island with
British Columbia deprived me of the Office.

There being, at the time, no suitable employment in the Colony
for an Officer of my rank and Service I was offered by the late
Governor Seymour leave of absence for Six months on full pay and
my expenses to England together with a recommendation from His
Excellency for suitable employment in the Government Service
elsewhere which offer I gratefully accepted.

Upon my arrival in England, with my family, I applied to the
Secretary of State for employment and was informed by the
Private Secretary (Mr Bryant) that my name had been placed on
the List but that a large number were before me. In answer to
my enquiry Mr Bryant also informed me that the acceptance of
temporary employment would not prejudice my claims on the
Service. I accordingly sought for and obtained temporary
employment as Inspector and Chief Colonial Officer in the Bank
of British Columbia.

This temporary office having been recently abolished I have been
obliged again to return to England and I now beg leave
respectfully to place these facts before Your Lordship and to
solicit a favourable consideration of my claims for
re-employment in the Colonial Service. I may add that the
sudden termination of my engagement with the Bank necessitated my
leaving my family unprovided for in British Columbia.



================================================================================
FILE: 1870-07-09_Kimberley_to_Musgrave_B707101.txt
================================================================================

No. 1

I have to inform you that an apparently incomplete copy of the
Attorney General's report on the British Columbia ordinance No. 13 of
1870 "to amend the Road Ordinance 1869" accompanies your Despatch No. 78
of the 4th June.

The copy forwarded consists of two paragraphs and ends with the
words "and specifying the owners of property and residents therein who
should be made liable for the tax," and is without the signature of the
Attorney General.



================================================================================
FILE: 1870-07-09_Kimberley_to_Musgrave_B707102.txt
================================================================================

No. 2

In concurrence with the Lords Commissioners of the Admiralty I have
the honor to convey to you my approval of the design which has been
adopted for a Governor's flag in the Colony of B. Columbia.



================================================================================
FILE: 1870-07-11_Kimberley_to_Musgrave_B707103.txt
================================================================================

No. 3

I have the honor to acknowledge the receipt of your Despatch No. 52
of the 29th April enclosing "An Ordinance," No. 14 of 1870 "to prevent
desertion from Merchant ships" which has been passed by the Legislative
Council of British Columbia.

This Ordinance has been referred for the consideration of the Board
of Trade, who in their reply have expressed a fear that it will be very
difficult to prove any offence against the Ordinance. They also consider
that the penalty under the 1st Section for inciting Seamen to desert and
harboring deserters should be inflicted in all cases in which the
defendant cannot prove that he or she had no means of knowing or did not
know that the seamen or apprentice was so harboured or secreted.

As this is the principle upon which the Law with regard to the
prosecution of persons for illegal possession of secreting of wreck, is
framed the Board of Trade are of opinion that it would be well to adopt
it in regard to crimping.

Although the preamble of the Ordinance refers to the merchant ships
only there may be some doubt whether its provisions would not include
deserters from the Royal Navy. As the Attorney General in his report
refers to the cost of sending marines or Seamen in men of War ships from
England, it has been thought desirable to ascertain whether the Lords of
the Admiralty wished the Ordinance to be applied to deserters from the
Royal Navy, their Lordships however have stated in reply that such is
not their desire, as the 25th and 26th Sections of the Naval discipline
Act apply to any part of Her Majesty's Dominions.

Under these circumstances I have to suggest that the Ordinance No.
14 of 1870 should be repealed, and a new one passed adopting the
suggestions of the Board of Trade, and making it clear that the
provisions apply to merchant vessels only.



================================================================================
FILE: 1870-07-11_Kimberley_to_Musgrave_B707104.txt
================================================================================

No. 4

I have to acknowledge the receipt of your Despatch No. 73 of the
23rd May, reporting that with the unanimous approval of the Executive
Council, and in accordance with the almost unanimous resolutions of the
Legislative Council, you had suspended Mr. S. Basil Humphreys from the
exercise of his office as a member of the latter body in consequence
from the abusive language alleged to have been used by him at a public
meeting held in Victoria.

It is always much to be regretted when language unnecessarily
strong and liable to be misconstrued is used at meetings with reference
to the public men or institutions of a Colony, and Mr. Humphreys
cannot have failed after reflection to perceive that he behaved very
improperly in holding up the Chief Commissioner of Crown lands, and the
Council of which he was a member to the contempt of an excited
assemblage.

On the whole, however I am disposed to think that the apology
tendered by Mr. Humphreys explaining as it did that he intended no
reflection upon the honesty of the Chief Commissioners nor any
disrespect to the Council itself, but merely dissatisfaction at its
non-representative constitution, was such as the Council might have
accepted without any derogation from its dignity. It appears in fact to
me that there is no substantial difference between the apology dictated
by Council and that tendered by Mr. Humphreys except that the former
required Mr. Humphreys to declare that he had not intended to impute any
improper misconduct whatever to the Chief Commissioner, or any one
connected with the Lands and Works office. With regard to this point it
is unnecessary for me to observe that if Mr. Humphreys desired to
express any dissatisfaction with the manner in which the business of that
Department was conducted, the proper course would have been for him to
do so in his place in the Council. As however as he was ready to
declare that he made no charge against the character of the Chief
Commissioner, it was perhaps requiring more than an opponent of the
Government could concede, when he was asked to state that he had no
intention of expressing dissatisfaction with the manner in which that
Gentleman's Department was administered. It is indeed obvious that Mr.
Humphreys believed (I trust quite wrongly that the administration of the
Crown Lands Office was open to censure, and he therefore could not be
expected to express confidence in it.

In making these observations I do not desire to be understood as
justifying in any degree Mr. Humphreys' conduct at the meeting, which I
strongly reprobate, but looking to the length of time during which Mr.
Humphreys would have been under suspension, and hoping that the
Legislative Council may now be prepared to accept an apology which in
their first moments of indignation they deemed inadequate I think that
the requirements of the case would be met if the Resolution of the
Council were recinded [rescinded] upon Mr. Humphreys presenting himself
before the Council and making an apology of the nature of that which he
had previously offered.

It would be very satisfactory to me if both parties could agree in
this [blank] but otherwise I should not be prepared to
withhold my confirmation of a decision recommended by so large a
majority of the Council.



================================================================================
FILE: 1870-07-11_Kimberley_to_Musgrave_B707105.txt
================================================================================

No. 5

I have the honor to acknowledge the receipt of your Despatch No. 81
of the 7th June enclosing a letter from Chief Justice Begbie, in which
he applies for promotion to a more lucrative appointment in another
Colony, and suggests that his claims might be considered in connection
with the Chief Justiceship of the Straits Settlements which he is
informed about to become vacant.

I have to request you to infrom Mr. Begbie, in that I will not fail
to make a note of his application, but that I have no knowledge of any
intention, on the part of the Chief Justice of the Straits Settlements
to retire from his present office.



================================================================================
FILE: 1870-07-11_Musgrave_to_Granville_B70086.txt
================================================================================

No. 86

I have the honor to transmit to Your Lordship the usual copies
of three Ordinances passed by the Legislative Council during the
last Session entitled respectively—

An Ordinance to facilitate the issue of Crown Grants.

An Ordinance to amend and consolidate the Laws affecting
Crown Lands in British Columbia.

and

An Ordinance to assimilate the Law relating to the Transfer
of Real Estate and to provide for the Registration of Titles to
Land throughout the Colony of British Columbia.

2. I forward these Ordinances together as they form a group of
measures having relation to each other. I have taken much
interest in their preparation as I was early convinced that an
uniform and amended system was necessary in respect of the Land
laws of the United Colony, and I strongly recommend them to Your
Lordship's favorable consideration. But it would be superfluous
for me to trouble you with lengthened explanations in addition
to the exhaustive reports from Mr Crease the late Attorney
General which are annexed.

3. Some objection has been made to the third of these
Ordinances, and I forward copy of a Letter addressed to me on
the subject by the Managers of the Banks of British North
America, British Columbia and the Agents of Messrs Wells,
Fargo, & Co with an opinion from their legal Advisers setting
forth the grounds of their opposition to the measure. I am
not however disposed to regard their objections as valid, and
they are I believe sufficiently answered by Mr Crease in his
special Report upon them which I also forward.



================================================================================
FILE: 1870-07-12_Musgrave_to_Granville_B70087.txt
================================================================================

No. 87

I have the honor to acknowledge the receipt of Your Lordship's
Despatches of the 17th and 23rd May, and 1st ultimo,
forwarding the following Parliamentary Papers, entitled—

Colonies Contributions to Relief Funds. 4 Copies.

also

Marriage with a Deceased Wife's Sister. 4 Copies.

and

Cost of the Colonies. 6 Copies.



================================================================================
FILE: 1870-07-12_Musgrave_to_Granville_B70088.txt
================================================================================

No. 88

I have the honor to acknowledge the receipt on the 21st ultimo,
of your despatches, of the numbers and dates noted in the margin.

*



================================================================================
FILE: 1870-07-12_Musgrave_to_Granville_B70089.txt
================================================================================

No. 89

I have the honor to acknowledge the receipt on the 2nd instant,
of your despatches, of the numbers and dates noted in the margin,

*

and to transmit, herewith the Schedules of those remaining unanswered.



================================================================================
FILE: 1870-07-13_Williams_to_Rogers_Permanent_Under-Secretary_B706W06.txt
================================================================================

Williams to Rogers (Permanent Under-Secretary)

Having received six month's leave of absence on half pay I
should be glad if instructions might be given to the Crown
Agents to issue to me half salary. I enclose Mr Hankins Letter
in which the leave is granted me.



================================================================================
FILE: 1870-07-18_Watson_to_Herbert_Assistant_Under-Secretary_B706W03.txt
================================================================================

Watson to Herbert (Assistant Under-Secretary)

I have the honor to acknowledge the receipt of your Despatch
dated the 16th Instant acquainting me, in reply to my letter of
the 8th Instant, that His Lordship the Secretary of State
cannot hold out to me any hope of an appointment in the Colonial
Service, and further observing that I had omitted to mention
that at the date of the abolition of my office I was offered
another appointment of equal value.

In reply I have to request that you will acquaint His Lordship
that having, in my previous correspondence with the Government,
disposed of the objection raised in your observation I deemed
it unnecessary again to refer to the subject. At the period
named I was offered a temporary and subordinate office which I
demurred to accept as an equivalent for my former appointment
which was borne on the
Fixed Establishment of VanCouver Island although I continued to
act in the subordinate capacity as long as it was necessary for the
convenience of the Government. Subsequently, on the 30th of
March 1867, I received a Despatch from the late Governor Seymour
offering to bring to the notice of the Secretary of State my
claims for employment elsewhere provided I accepted six months
leave on full pay with a free passage to England for myself and
family. His Excellency at the same time expressing great regret
that the financial condition of the Colony left him little hope
of being able to offer me suitable employment within it. Having
accepted this offer in lieu of the profits and emoluments
guaranteed under the Royal Commission which I held I do not think
that His Lordship, upon consideration of the whole merits of
the case, will consider it fair to go behind the arrangement
which I was induced to fall in with. Nor does it seem
expedient, I respectfully submit, to stir up enquiry regarding
the manipulations to which my office was previously subjected by
the Government and Legislature more especially as the office
which I then held has not up to this time been legally abolished.

I have therefore again respectfully to urge upon His Lordship's
consideration my claims for re-employment or compensation.



================================================================================
FILE: 1870-07-20_Biddulph_to_Kimberley_B705MI06.txt
================================================================================

Biddulph to Kimberley

I have been desired by the Queen to request you to forward the
inclosed reply to Governor Musgrave, in answer to the Petition
forwarded through you from certain inhabitants of British
Columbia.



================================================================================
FILE: 1870-07-20_Julyan_to_Rogers_Permanent_Under-Secretary_B705AG06.txt
================================================================================

Julyan to Rogers (Permanent Under-Secretary)

With reference to your letter of the 18th inst authorizing the
issue of half Salary at £75 per annum from the 10th May to the
30th June ultimo to Mr G. Williams of British Columbia, I have
to state that the Crown Agents were instructed by the local
Government, by a letter dated 13th May last, to pay Mr
Williams for 6 months to the 10th November next at the rate of
£8.4.11 1/2 per month, and that they have already paid him two
months to the 10th instant.

*

Under the circumstances the Crown Agents request to be furnished
with the Earl of Kimberley's instructions for their future
guidance in this matter.



================================================================================
FILE: 1870-07-23_Kimberley_to_Musgrave_B707106.txt
================================================================================

No. 6

With reference to your Despatch No. 74 of the 23rd May last I have
to transmit to you for your information a copy of a letter from Mr. T.L.
Wood applying for employment under this Department, and of the reply
which I caused to be returned to that application.



================================================================================
FILE: 1870-07-23_Strange_to_Rogers_Permanent_Under-Secretary_B705TE08.txt
================================================================================

Strange to Rogers (Permanent Under-Secretary)

With reference to Mr Herbert's letter of the 14th instant,
requesting that the Board of Customs may be directed to afford
the usual privileges in the passing of 11 cases containing the
personal effects of the late Mr Seymour, Governor of British
Columbia, I am directed by the Lords Commissioners of Her
Majesty's Treasury to acquaint you, for the information of the
Earl of Kimberley, that although Governors of Colonies are not
entitled to any special privilege with respect to the delivery
in this country of their Baggage and Effects, My Lords have
given directions to the Commissioners of Customs that every
proper facility should be afforded in the clearing of the late
Mr Seymour's effects, and that, upon a specification of the
contents of the Packages being furnished to the Custom House
Officers, a portion only of the Packages will be opened and
examined.



================================================================================
FILE: 1870-07-25_Kimberley_to_Musgrave_B707107.txt
================================================================================

No. 7

With reference to your Despatch No. 76 of the 31st May last, I have
the honor to enclose herewith Her Majesty's reply to the Petition
addressed to Her by the British Columbia Cathedral Committee.



================================================================================
FILE: 1870-07-27_Musgrave_to_Granville_B70090.txt
================================================================================

No. 90

I have the honor to report that I have appointed Mr Edward
Graham Alston to be Registrar General of Titles under the
provisions of the Land Registry Ordinance, 1870.

2. The appointment is not in fact a new one. Mr Alston was
previously the Registrar for Vancouver Island, and does not
receive any increased emolument, but it is necessary that he
should have a new Commission under the consolidated Law for the
United Colony.



================================================================================
FILE: 1870-07-27_Musgrave_to_Granville_B70091.txt
================================================================================

No. 91

I regret to report the death of Mr C.J. Pritchard, late Warden
of the Gaol at New Westminster.

2. In his place I have appointed Mr Arthur McBride, lately
Keeper of the Gaol in Victoria under the superintendence of the
Police Magistrate.

3. Mr Pritchard's Salary was Twelve Hundred and Twenty dollars
($1220), per annum. Mr McBride will only receive the same
amount which he at present draws, namely, Nine Hundred and
Twelve dollars ($912); but better accommodation in respect of
Quarters and an allowance for Light and Fuel render the change
advantageous for him.



================================================================================
FILE: 1870-07-27_Musgrave_to_Granville_B70092.txt
================================================================================

No. 92

Referring to my Despatch No 70, of 16th May, I have the honor
to forward for Your Lordship's information printed Copies of
"Rules and Regulations for the management and government of
Common Schools," which I have approved in Council under the
provisions of the "Common School amendment Ordinance, 1870." I
think these will practically for the present answer the purpose
of the "Conscience Clause" which Your Lordship suggested should
be added to the Original Ordinance of 1869.



================================================================================
FILE: 1870-07-27_Musgrave_to_Granville_B70093.txt
================================================================================

No. 93

I regret to report to Your Lordship the death of Mr Chartres
Brew who nominally held the appointment of Inspector General of
Police, but, in fact laterally discharged the duties of
Stipendiary Magistrate and Gold Commissioner at Barkerville, in
the District of Cariboo.

2. Mr Brew's appointment was one of those provided for by the
Crown Salaries Act; but the Office is unnecessary and I do not
propose to fill it up. Mr Ball had by my direction relieved
Mr Brew as Magistrate at Cariboo before his death in
consequence of his protracted ill-health, and I shall make use
of the services of Mr Bushby as Magistrate at New Westminster,
now that he has been relieved from his former duties as
Registrar General by the recent Land Registry Ordinance.



================================================================================
FILE: 1870-07-28_Musgrave_to_Granville_B70094.txt
================================================================================

No. 94

I have the honor to forward for Your Lordship's information a
Copy of a Report of a Committee of the Privy Council of Canada
which has been transmitted to me by Sir John Young as embodying
the agreement which has resulted from the negotiations between
the Delegates of this Colony and the Ministers of the Dominion
on the subject of Union.

2. This result is even more satisfactory than I had
anticipated. The terms assented to, by the Government of Canada
are liberal towards this Colony, and as they embrace an
undertaking in respect of the Railway—as to the possibility of
which I had some doubt—I have no hesitation in my belief that
they will be accepted with cordiality by the Community at large,
so soon as I am able to bring them forward for consideration.

3. I now await Your Lordship's Instructions for the
Constitution of the new Council which is necessary for the
further proceedings towards the accomplishment of Union.



================================================================================
FILE: 1870-07-28_Musgrave_to_Granville_B70095.txt
================================================================================

No. 95

At the request of Mr Samuel Harris a resident at Cowichan in
this Colony I forward for Your Lordship's information the
annexed Papers relative to a claim which was preferred against
and has been paid by the Government of Colombia, and in which he
is interested. He asks that application may be made at the
Foreign Office that the sum in the hands of that Department at
his credit may be placed to the account of British Columbia with
the Crown Agents and that authority may be issued to me to pay
the same through the Treasury here, to him.



================================================================================
FILE: 1870-07-28_Musgrave_to_Granville_B70096.txt
================================================================================

No. 96

I have the honor to acknowledge the receipt of Your Lordship's
Despatch of 10th, & one of 17th June, forwarding the
undermentioned Parliamentary Papers.

Blue Book Reports 1868, Part I, West Indies. 4 copies.

Removal and Suspension of Judges. 6 copies.



================================================================================
FILE: 1870-07-28_Musgrave_to_Granville_B70097.txt
================================================================================

No. 97

I have the honor to acknowledge the receipt on the 22nd
instant, of your despatches of the numbers and dates noted in
the margin.

*



================================================================================
FILE: 1870-07-28_Musgrave_to_Granville_B70098.txt
================================================================================

No. 98

I have the honor to acknowledge the receipt on the 22nd
instant, of your despatches, of the numbers and dates noted
in the margin,

*

and to transmit, herewith, the Schedules of those
remaining unanswered.



================================================================================
FILE: 1870-07-28_Page_to_Rogers_Permanent_Under-Secretary_B705MI07.txt
================================================================================

Page to Rogers (Permanent Under-Secretary)

With reference to your letter of the 10th ultimo, enclosing an
Account prepared by the Auditor General of British Columbia, I
beg leave to state, for the information of Earl Kimberley, that
I have caused to be prepared a statement shewing, on one hand,
the amounts paid by this Department for conveyance of mails to
and from British Columbia during the year 1869, and, on the
other hand, the amounts paid by the Colonial Government.

The balance shewn by the Statement in question to be due to the
Colonial Government is £580.15.2; and I have caused that amount
to be placed to the credit of the Colony with the Crown Agents
for the Colonies.

I enclose a copy of the Statement which I request may be
transmitted to the Governor of British Columbia.



================================================================================
FILE: 1870-07-29_Hammond_to_Under-Secretary_of_State_B705FO08.txt
================================================================================

Hammond to Under-Secretary of State

I am directed by Earl Granville to transmit to you, to be laid
before the Earl of Kimberley, the accompanying Copy of a
Despatch from Mr Thornton and its inclosures reporting the
intention entertained of including San Juan and the adjacent
Islands in the Census of the United States.



================================================================================
FILE: 1870-08-01_Kimberley_to_Musgrave_B707108.txt
================================================================================

No. 8

With reference to your Despatch No. 59 of the 9th May, I transmit
to you herewith a copy of a letter from the General Post Office from
which you will perceive that a balance of £580.15.2 is due to the
Colonial Government on postal account, that this amount has been
accordingly paid to the Crown Agents to the credit of the Colony of B.
Columbia.



================================================================================
FILE: 1870-08-03_Musgrave_to_Kimberley_B70099.txt
================================================================================

No. 99

Referring to Your Lordship's Despatch No. 66 of 20th June, I
now have the honor to forward the Accounts of Military
Expenditure for the Island of San Juan for the Quarter ended
31st March last. They shall in future be made up annually to
that date in accordance with the Admiralty Instructions.



================================================================================
FILE: 1870-08-04_James_to_Under-Secretary_of_State_B705AD07.txt
================================================================================

James to Under-Secretary of State

I am commanded by my Lords Commissioners of the Admiralty to
acknowledge the receipt of your letter of the 5th ult relative
to claims preferred by the Admiralty against certain Colonies,
and to inform you that it is customary in all cases of stores
supplied or labor expended at Foreign Stations on behalf of
Colonial Governments, to obtain the signature of an officer
responsible to the Department to which the supplies have been
made.

2. As it is considered advisable by the Secretary of State for
the Colonies that in addition to the signature of a responsible
officer, the certificate or authority of the Governor of the
Colony (by whom the charges have been incurred) should be
obtained, I have to request you will cause such directions as
you may think proper to be issued, in order that in future no
requisitions may be made or certificate given for supplies from
the Naval stations without the authority of the Governor of the Colony.

3. I am also to inform you that the order of the 6th May
referred to in your letter related only to supplies
to the War Department, and that it will be equally convenient to
this Department whether the amounts due from Colonial
Governments are paid on the spot, or are recovered by claims
raised in this Office.



================================================================================
FILE: 1870-08-05_Musgrave_to_Kimberley_B70100.txt
================================================================================

No. 100

I have the honor to forward to Your Lordship the "Blue Book" of
British Columbia for the Year 1869 with an able report upon
these Annual Returns which has been prepared by Mr Charles Good,
the Assistant Colonial Secretary.

I could add but little with any advantage to the observations of
Mr Good, and the comparisons which he has given with former
years, beyond what is already known to Your Lordship of the
state of the Colony from previous correspondence. I was
resident in the community but a short portion of the period to
which these Returns relate, and the public business had already
been arranged, and had assumed its general character for the
Year, before my arrival.

2. The Colony now is in a state of transition to Union with the
Dominion of Canada, which must greatly modify existing political
arrangements, and will, I cannot doubt, most favorably affect
the material progress of the Community; but on the questions
arising from the present condition of affairs, I can best
address Your Lordship in separate Despatches.



================================================================================
FILE: 1870-08-05_Musgrave_to_Kimberley_B70101.txt
================================================================================

No. 101

I have the honor to return herewith the Medal which was
transmitted in Lord Granville's Despatch No. 108 of 14th Decr
last for delivery to James Sullivan formerly of the Royal
Artillery.

2. I have not been able to find this person, or to obtain any
intelligence of him.



================================================================================
FILE: 1870-08-05_Musgrave_to_Kimberley_B70102.txt
================================================================================

No. 102

I have the honor to forward for Your Lordship's information
copies of Scales of Fees and Costs of litigation in the Supreme
Court, and County Courts, of British Columbia, which have been
established by the Judges of the Supreme Court with my approval
under the provisions respectively of the "Supreme Court Fees
Ordinance 1870," and the "County Court Ordinance 1867."



================================================================================
FILE: 1870-08-06_Kimberley_to_Musgrave_B707109.txt
================================================================================

No. 9

I have received your Despatch No. 97 of the 7th of June forwarding
for the approval of Her Majesty an authenticated copy of an Ordinance
passed by the legislature of British Columbia entitled "No. 10 of 1870
An Ordinance to alter and amend the County Court Ordinance, 1867."

I have to convey to you Her Majesty's gracious confirmation and
allowance of this Ordinance.



================================================================================
FILE: 1870-08-06_Musgrave_to_Kimberley_B70103.txt
================================================================================

No. 103

I have the honor to forward for Your Lordship's information some
Copies of a Hand Book of British Columbia, and Vancouver Island,
of which Mr Graham Alston, the Registrar General, is the Author.

2. I should be glad if Your Lordship would cause this little
publication to be brought to the Notice of the Colonial Land and
Emigration Commissioners. Its circulation may do some good in
attracting Emigrants to a Colony which but for its distance from
England, which is now practically much lessened by the Pacific
Railway, offers many advantages to settlers.

3. I may add that Mr Alston has no personal interest in the
publication beyond the desire to bring the Colony into notice.



================================================================================
FILE: 1870-08-06_Musgrave_to_Kimberley_B70104.txt
================================================================================

No. 104

I deferred my reply to your Lordships Circular Despatch of the
25th February last, while the Land Registry Ordinance passed
during the last Session of the Legislature was under preparation
and consideration.

2. The Attorney General's Report upon that measure, enclosed
with it in my Despatch No. 86 of the 11th July will afford
the information which was sought upon the points mentioned in Your
Lordship's Circular; but I now also forward a Memorandum
prepared by Mr Alston the Registrar General of Titles, more
especially replying to the Queries put by Your Lordship.



================================================================================
FILE: 1870-08-09_Foster_to_Secretary_of_State_B706F01.txt
================================================================================

Foster to Secretary of State

The Commander in Chief having been pleased to interest himself
in my behalf with the late Secretary of State for the Colonies,
(The Earl Granville) and His Lordship having placed my name on
his list for a reappointment.

I have the honor very respectfully to ask Your Lordship to allow
my name to be placed on your list, and to give my application
favorable consideration as it is very long since my last
appointment, of Gold Commissioner and Magistrate, in British
Columbia, was abolished.



================================================================================
FILE: 1870-08-10_Trutch_to_Under-Secretary_of_State_B706T01.txt
================================================================================

Trutch to Under-Secretary of State

I have the honour to enclose a copy of a letter from Mr
Stanford of Charing Cross containing an offer for the engraving
and printing of the general map of British Columbia compiled in
the Lands and Works Office of the Colony, and which I brought
home for publication.

Authority has been received by the Crown Agents for an
Expenditure of ($500) five hundred dollars on this account, and
as the terms proposed by Mr Stanford, vizt to supply (500) five
hundred copies for (£100) one hundred pounds, and any further
number at (£3) three pounds per hundred retaining the right to
print and sell on his own account whatever further copies may
be required by the trade—appear to me very reasonable, I beg to
advise that I may be authorized to accept this offer, and that
the Crown Agents be instructed to receive and forward the (500)
five hundred copies of the map to British Columbia, and to pay
to Mr Stanford the sum of (£100) one hundred pounds on the due
completion of the work he undertakes to perform.



================================================================================
FILE: 1870-08-11_Musgrave_to_Kimberley_B70105.txt
================================================================================

No. 105

I have had the honor to receive Your Lordship's Circular
Despatch of the 7th July, in which you inform me that the Queen
has been pleased to entrust to your care, as one of Her
Majesty's Principal Secretaries of State, the Seals of the
Colonial Department.



================================================================================
FILE: 1870-08-11_Musgrave_to_Kimberley_B70106.txt
================================================================================

No. 106

Referring to Your Lordship's Circular Despatch of 30th May, I
have the honor to forward the required Return of the Rates of
all Taxes and Imposts from which the Revenue of this Colony were
raised, together with the gross amount yielded by each Tax or
Impost, showing the total gross Revenue of the Colony in the
Year 1868, in accordance with the Address of the House of
Commons dated 13th May 1870.



================================================================================
FILE: 1870-08-12_Kimberley_to_Musgrave_B707110.txt
================================================================================

No. 10

I have to point out to you that the leave of absence granted by you
to Mr. G. Williams Government Printer, B. Columbia, has not been
reported to this Office in accordance with the Colonial regulations.

On the strength of the Colonial Secretary's letter to the Crown
Agents of the 13th of May I have authorized them to pay Mr. Williams
half salary from the 11th of May to the 10th of November inclusive, at
the rate of £8.4.11 1/2 per month.



================================================================================
FILE: 1870-08-12_Musgrave_to_Kimberley_B70107.txt
================================================================================

No. 107

The convenience which has been afforded to several other
Colonies by the interchange of Money Orders with the Imperial
Post Office in Great Britain is not enjoyed by this Colony, as
the arrangement made with others seems never to have been
extended to British Columbia, most probably because it has not
been applied for. I am not aware of any objection to the
establishment of a system which has been found to work well, and
to afford great public accommodation in other places. And I
shall be glad if Your Lordship will submit my application to Her
Majesty's Postmaster General that the arrangement may be
extended to this Colony, and that the Post Office here may be
furnished with the necessary forms and instructions.



================================================================================
FILE: 1870-08-12_Musgrave_to_Kimberley_B70108.txt
================================================================================

No. 108

Referring to Earl Granville's Despatch, No. 69 of the 30th
June, transmitting copies of Vouchers in support of claims made
by the Admiralty against this Colony for Stores and Labour,
amounting to £52.9.3, I have the honor to report that the
claims are correct, and may at your direction be settled by the
Crown Agents.



================================================================================
FILE: 1870-08-12_Musgrave_to_Kimberley_B70109.txt
================================================================================

No. 109

I have the honor to forward to Your Lordship the copy of a
letter from Mr Ker the Auditor General, in which he submits an
application for some remuneration for the services rendered in
auditing the Accounts of the Crown Funds.

2. In addition to the services to which he refers, Mr Ker has
also without remuneration discharged the duty of auditing the
Accounts of Military Expenditure in respect of the Detachment of
Royal Marines occupying the Island of San Juan, which may be
regarded more especially as Imperial Accounts.

3. Under the circumstances I would recommend that I should be
allowed to pay Mr Ker the sum of $250 (about £50) from the
Crown Fund, as remuneration for his services. The Crown Fund
will probably soon form part of the General Revenue of the
Colony.



================================================================================
FILE: 1870-08-12_Musgrave_to_Kimberley_B70110.txt
================================================================================

No. 110

In compliance with the instruction contained in Your Lordship's
Despatch No. 45 of the 12th May, I have the honor to forward
for final Audit, duplicate Cash Books, Journals, and Abstracts,
together with the Vouchers in support of the Entries therein
contained, of the Crown Fund Account of Vancouver Island from
the date of Union to the 31st Decr 1869.



================================================================================
FILE: 1870-08-12_Musgrave_to_Kimberley_B70111.txt
================================================================================

No. 111

Referring to Your Lordship's Despatch No. 1 of the 9th July, I
have the honor to forward a complete copy of the Attorney
General's Report on the British Columbia Ordinance No. 13 of
1870, "to amend the Road Ordinance 1869" which should have
accompanied my Despatch No. 78 of the 4th of June.

2. I regret much that an unfinished copy should accidentally
have been forwarded with that Despatch, through some
inadvertance of which it is not now possible to trace the cause.



================================================================================
FILE: 1870-08-13_Council_to_Colonial_Office_B705CO02.txt
================================================================================

Council to Colonial Office



================================================================================
FILE: 1870-08-15_Musgrave_to_Kimberley_B70112.txt
================================================================================

No. 112

I have had the honor to receive Your Lordship's Circular
Despatch of the 25th June, transmitting a copy of a Letter from
the Treasury with copy of one from the Postmaster General
calling attention to the inconvenience and expense resulting
from the transmission by Post of heavy Packages containing
Printed Papers.

2. I find on enquiry that the observations of the Postmaster
General would scarcely be applicable to the case of this Colony.
I am informed that the heaviest weights of Printed matter have
not exceeded Two Pounds. And the great length of time required
for the transmission to England of Packages as freight would
render it very inconvenient in most cases to adopt this mode
of forwarding Papers of importance.

3. I may add that the remarks of the Postmaster General seem to
be directed more especially to the case of Mails forwarded by
Railway to different Departments in England, where the
facilities for obtaining modes of conveyance other than the Mail
are far greater and more numerous than in a distant Colony.

4. I shall however take care to use the Book Post for the
transmission of such heavy Papers as need not be enclosed in my
Despatch Bag to Your Lordship.



================================================================================
FILE: 1870-08-15_Wolley_to_Under-Secretary_of_State_B705AD08.txt
================================================================================

Wolley to Under-Secretary of State

I am commanded by my Lords Commissioners of the Admiralty to
transmit to you herewith for the information of the Secretary of
State for the Colonies an extract from a letter dated Esquimalt
10th June 1870 No 117 from Rear Admiral Farquhar reporting
that he had placed HMS Sparrowhawk at the disposal of the
Governor of Vancouver to enable him to visit San Francisco.



================================================================================
FILE: 1870-08-16_Musgrave_to_Kimberley_B70113.txt
================================================================================

No. 113

I have the honor to acknowledge the receipt on the
2nd instant,
of your predecessor's despatches, of the numbers and dates noted
in the margin.

*



================================================================================
FILE: 1870-08-16_Musgrave_to_Kimberley_B70114.txt
================================================================================

No. 114

I have the honor to acknowledge the receipt on the
9th instant,
of your despatches, of the numbers and dates noted in the
margin.

*



================================================================================
FILE: 1870-08-16_Musgrave_to_Kimberley_B70115.txt
================================================================================

No. 115

I have the honor to acknowledge the receipt on
this day,
of your despatches, of the numbers and dates noted in the margin,

*

and to transmit herewith Schedules of those remaining
unanswered.



================================================================================
FILE: 1870-08-20_Watson_to_Rogers_Permanent_Under-Secretary_B706W04.txt
================================================================================

Watson to Rogers (Permanent Under-Secretary)

Referring to my letter of the 18th July last and to your
rejoinder of the 23rd idem I have now the honor to request that
you will acquaint His Lordship The Secretary of State for the Colonies

1. That through the representations of the late Governor
Seymour, that my office, although necessary under the Local Laws
of Vancouver Island, had been abolished by the "Officers Enabling
Ordinance of British Columbia 1867" I was induced gratefully to
accept the terms of His Excellency's offer to me as an
equivalent for the Fiscal Office which I held, up to the date of
the union of the Colonies, under the Royal Warrant of
appointment the emoluments appertaining to which were £600 per annum.

2. That, the terms of the offer referred to were as follows,
namely:

(1) Six months leave of absence on full pay.

(2) The passage of myself and family to England.

(3) The assurance that His Excellency would lay before the
Secretary of State my claims for employment elsewhere.

3. That, not only has the Ordinance alluded to never passed
into law; the Colonial Secretary of British Columbia having
made a statement to that effect during the last Session of the
Legislature; but the third term of His Excellency's offer to me
has not been implemented although a period of more than three
years has elapsed since the offer was made.

4. Under the circumstances I have respectfully to state that if
Her Majesty's Government is not prepared to carry out the terms
of my agreement with the late Governor of British Columbia I am
willing to accept the emoluments appertaining to the Office of
Treasurer of the late Colony of Vancouver Island up to the date
when I resigned the Commission into the hands of the Governor of
British Columbia and which I hereby claim.

I have at the same time to request that His Lordship will be
pleased to afford me a categorical reply to this letter.



================================================================================
FILE: 1870-08-22_Kimberley_to_Musgrave_B707111.txt
================================================================================

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.



================================================================================
FILE: 1870-08-22_Kimberley_to_Musgrave_B707112.txt
================================================================================

No. 12

With reference to my Despatch No. 11 of this day's date, I transmit
to you the enclosed order of Her Majesty in Council of the 9th instant
constituting a Legislative Assembly which has been passed under the
authority of the Act of the last session of Parliament entitled "An Act
to make further provision for the Government of British Columbia."



================================================================================
FILE: 1870-08-22_Mackonochie_to_Head_Clerk_B706M01.txt
================================================================================

Mackonochie to Head Clerk

I think it possible that the address of Mr Commissioner Trutch,
 from British Columbia, who is now in England may be known at
the Colonial Office. If so, I shall be exceedingly obliged if
you will kindly direct and post the inclosed for him. I am very
anxious to communicate with him at once. If you do not know his
address, please return it to me at the above address.



================================================================================
FILE: 1870-08-22_Trutch_to_Under-Secretary_of_State_B706T02.txt
================================================================================

Trutch to Under-Secretary of State

I have the honour to inform you that I had an interview on the
18th instant with Mr Stanford in reference to the paragraph of
your letter to me of the 17th instant directing me to obtain
from Mr Stanford a guarantee that future additions and
corrections of the Map of British Columbia the engraving and
printing of which he has offered to undertake on terms which you
have authorized me to accept, shall be made when required at his
cost, and have since received from him a letter a copy of which
is herewith enclosed agreeing to make free of charge such
additions to the map as may be required during the next three or
four years.

Mr Stanford's proposal appears to me to secure to our Colony
all the advantages in this respect that could reasonably be
expected; but I await your further directions in the matter—as
Mr Stanford's letter now forwarded does not convey the full
guarantee prescribed in your letter of the 17th inst.



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FILE: 1870-08-24_Kimberley_to_Musgrave_B707112A.txt
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Confidential

I enclose for your information Copies of a correspondence with the
Foreign Office in regard to the reported intention of the United States
Government to include San Juan and the Adjacent Islands in the Census of
the United States.



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FILE: 1870-08-25_Kimberley_to_Musgrave_B707113.txt
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No. 13

I transmit to you for your information copies of a correspondence
with Mr. J.W. Trutch Chief Commissioner of Lands and Works, respecting
the engraving and printing of the General Map of British Columbia
compiled in the Lands and Works Office of the Colony.



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FILE: 1870-08-25_Musgrave_to_Kimberley_B70116.txt
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No. 116

I have had the honor to receive Lord Granville's Despatch No
67, of the 21st June, with a copy of a Letter from the Rev. W.
Robinson requesting information in regard to the physical
features of parts of this Colony.

2. I am not acquainted with anyone in the Colony specially
qualified as a geologist to afford exact information of the
nature required. But at my request Chief Justice Begbie, who
knows the natural features of the greater part of British
Columbia, has been kind enough to furnish me with some remarks
and descriptions in a Letter of which I annex a Copy, and which
Mr Robinson may find useful.

3. Mr Begbie some time ago noticed the peculiar character of
the "Benches" of the Fraser and Thomson Rivers in a Report made
to Governor Sir James Douglas in April 1859, which will be found
printed in Part III of the Papers relative to British Columbia
laid before Parliament in 1860; and that can also be furnished
to Mr Robinson from Your Lordship's Department.



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No. 117

I have had the honor to receive Your Lordship's Circular
Despatch of the 27th June conveying the suggestion of the Lords
Commissioners of the Admiralty that measures should be taken for
checking desertions from the Royal Navy, as well by the adoption
of the means resorted to in New Zealand, therein mentioned, as
by putting in force the statutory penalty for the offence of
procuring or assisting Desertions under Section 25 of the Act 29
and 30 Vic. C. 109.

2. On reference to the Attorney General upon this subject, I
find that convictions for inducing Seamen to desert from Her
Majesty's Navy, have been had here under 37 Geo III
Chap. 70. sec. 1 which makes the offence a felony and punishable
with Penal servitude for life or imprisonment for not more than
three years with or without hard labor; and it is presumed that
this Statute will still be held to be in force here.

3. The Statute 29 & 30 Vic Chap. 109, Secs. 25 & 26 referred to
in Your Lordship's Despatch provides for a summary conviction,
with a fine not exceeding £30 and £20, respectively, but this
has been found so utterly indequate for the purpose intended,
that all cases of assisting or persuading seamen in Her
Majesty's Navy to desert are now sent up to the Assizes for
trial under the before mentioned Statute of 37 Geo. III. Chap.
70.

4. It is believed that the Senior Naval Officer on this Station
gives rewards for the apprehension of Deserters, and I apprehend
that if the local Government were to do so instead of the Naval
authorities convictions would not be any more frequent than they
are now.



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No. 118

I have had the honor to receive Your Lordship's Circular
Despatch of 23rd June last, transmitting Revised Regulations on
the subject of Land Privileges to Naval and Military Officers,
and directing me to make them generally known with a
notification that they are to take effect from the 1st October
next.

2. Your Lordship further directs me to prepare and forward for
your consideration a notice specifying the length of residence
and the description and value of the improvements on allotments
of Land made to Naval and Military Officers which I may deem to
be most suitable to the circumstances of this Colony to entitle
an Officer to an absolute grant in exchange for his location
Ticket.

3. There has been only one instance in this Colony of such a
Grant as the Regulations refer to; and then residence only was
required to obtain the Crown Grant. What is given is really so
very little, preemption on the most liberal terms being open to
anyone, that it would scarcely be fair to call upon an Officer to
make any stipulated amount of improvements before the issue of
his Grant. I think that the Grant should be given if he adduces
evidence that he, or his family, has continuously resided on the
land described in his location ticket for two years as required
by Section 398, of the new Regulations now forwarded to me. For
the purpose of this residence improvement must have been made by
the erection of buildings and otherwise, fully to the extent of
any amount which it would be fair to require in the
circumstances of this Colony.



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No. 119

I have the honor to forward to Your Lordship a copy of a Letter
which I have received from Captain Delacombe, transmitting an
Address which he has received from the residents on San Juan and
other Islands claiming British protection.

2. Reference is made in this Address to some circumstances
connected with a proposal that the local Rank of Lieut. Colonel
should be conferred upon Captain Delacombe, which took place
before my arrival in the Colony. The matter was brought under
the notice of Your Lordship's Predecessor in Governor's
Seymour's Despatches, Separate 1st August 1868 and Confidential
14th December 1868.

3. Rear Admiral Hastings, then in command on this Station,
withheld the proposed local promotion from Captain Delacombe,
who I imagine has been somewhat disappointed in consequence.
Rear Admiral Farquhar I am informed is disposed to recommend
to the Lords of the Admiralty that the rank should be conferred.

4. The matter is not one with which I have any special concern;
but as it is probable that the question may be referred to Your
Lordship by the Lords of the Admiralty, it may not be improper
to state that I concur in the remarks made upon the subject by
Governor Seymour in his Despatch Separate of the 1st August,
1868.



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FILE: 1870-08-26_Julyan_to_Herbert_Assistant_Under-Secretary_B705AG07.txt
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Julyan to Herbert (Assistant Under-Secretary)

I have the honor to acknowledge your letter of the 29th June
last forwarding copy of a despatch from the Governor of British
Columbia respecting the position of the Public Debts of that
Colony and suggesting an alternative scheme to that proposed in
my letter of the 31st January preceding.

On this alternative scheme I beg to offer for the Earl of
Kimberley's consideration the following observations.

In the first place the difference of about £13,000, (spread over
a quarter of a Century) in favor of Governor Musgrave's proposals
as compared to mine, even if it could be realized, would,
according to my views offer but a very poor compensation for the
injury to the credit of the Colony, and to the interests of the
present Bondholders, which the course he proposes to pursue
could not fail to inflict. But in reality no such difference
exists. My scheme provided for the absorption of a local debt
of £56,000, and made provision for the interest of substituted
new debt up to its final extinction—whereas the scheme of the
Governor provides for the absorption of something less than
£50,000, of local debt, and fails to provide for the payment of
sufficient interest on that reduced amount for the last 5 8/12
years of its currency.

The rectification of these oversights will be found to convert
the £13,019, said to be in favor of the Governor's scheme (as
shown by statement No 2) into a sum of £14,120 in favor of mine.

The difference shown in statement No 1 will in like manner be
reduced from £13,069, to £2,143, which, spread over 30 years
gives a small fraction over £70 a year.

For facility of reference I return the two statements enclosed
in the Governor's despatch, with amended statements attached to
them, showing how these results are arrived at.

Then with regard to the character of the two schemes—Mine, as
I look upon it, is calculated to make the whole debt of the
Colony more popular, to give a practical and enhanced value to
the Debentures in the London Market, by converting the various
fragmentary debts into one General Loan, the price of which
would be stimulated more and more as time elapsed, by the
continual growth of the sums devoted to annual Drawings at par.

Such influences would operate strongly in favor of the credit,
or borrowing power, of the Colony in my estimation, and more
than counterbalance any of those prejudicial effects which the
Governor apprehends may be caused by raising the annual rate of
Interest from 6 to 6 1/4 per Cent.

The alternative scheme, on the contrary, starts with raising a
new 6 per Cent Loan at 85 which will yield the lenders £7.1.2
per Cent per annum during the currency of the debentures, and
finally give them a bonus—or increase of capital—equal to
£17.13.0 per cent more.

An additional 5 per Cent is also to be paid by the Government if
they desire to pay off the debt before maturity: or, in other
words, a Debenture sold by the Government for £85, may be
purchased back for £105.

Anything better calculated to depreciate the securities of
British Columbia than the negotiation of a Loan on such terms it
is difficult to conceive.

In fact it is simply saying to the lenders: "this is our own
measure of the value of the public credit of the Colony"—and
the result would be, not only damaging to the Colonial
Government, as lessening public confidence in its stability, but
would seriously diminish the value of every Debenture
circulating under the old loans, and give the lenders—or
present holders—just cause of complaint against the borrowers,
who had so unnecessarily brought about the depreciation.

In suggesting 6 1/4 per cent as the rate upon which it might be
reckoned that the holders of the various old Debentures would
be content to come into a consolidation scheme, I put it at its
worst, in order not lightly to create expectations too favorable
to be realized, and which might give rise to dissatisfaction on
the part of the Colonial Government; but I think it just
possible that the operation might be carried out at
six per cent, if the market happens to be favorable at the moment.

The only inducement to holders would then be, the chance of
having their Bonds Drawn, which would be equivalent to selling
them at 100.

Whilst I think this quite possible, it would in my opinion be
unwise to fix the limit of interest below 6 1/4 per cent. It
would be better to leave the rate, within that limit, to the
discretion of the Crown Agents when they are about to operate.

Of course any reduction in the rate of interest would operate
proportionately against the selling price of the proposed new
issue. Whatever that price may be however—and under whatsoever
scheme the new Loan may be launched—there can be no doubt that
very much better terms can be obtained in London than, according
to the Governor's Estimate, will be realized in the Colony.

I fancy there will be a further considerable advantage in
receiving the borrowed money here instead of at the Colonial Treasury.

The Governor's Drafts on the Crown Agents at 60 d/s,
would—according to the average rate of Exchange during the past
twelve months—realize about $5 per £1 sterling, which would be
a further addition of upwards of 4 per Cent to the proceeds of
the new issue, irrespective of time.

Another point to which I would advert, is the belief expressed
in the seventh paragraph of the Governor's despatch that—"to
substitute new Debentures for those now extant would require the
consent of all the holders before the existing securities and
engagements could be modified."

If this were really so, it would indeed be useless to attempt to
carry out such a scheme as I have proposed; for no conceivable
terms that the Government could afford to offer would produce
unanimity of action amongst so many shareholders.

The nearest approach to that state will be produced by making it
clear to the minds of the present holders that it will be
decidedly to their benefit to exchange their old Securities for
new. The existing interests of those who decline to follow that
course must be carefully reserved in the Act authorizing
the Conversion, and though some few may not immediately be
tempted to come in on the terms offered, yet, as the market
value of the New Stock would soon be greater than that of the
old, the latter would be pretty sure to be converted whenever
the present holders might have to resort to the Market to sell.
In this manner the whole of the old loans would gradually be
displaced by the new—the only drawback being, that instead of
Government reaping the full benefit at once, that stage would
only be fully attained at the end of a few years.

If any attempt be made at consolidation however, I am of opinion
that the whole of the old Loans should be embraced in the
scheme. This would not necessitate offering the same rate of
exchange in all cases, though but one rate of interest should be
allowed. Much prejudice exists in this market against a
plurality of small loans emanating from one Government. In each
of such loans transactions are few and far between, and
frequently too limited in extent to command a notice in the
Share Lists of the Stock Exchange, where less than £500 sold is
not quoted, and consequently the public do not see that
transactions have taken place as often as could be desired, the
Securities remain unpopular, and prices are not stimulated as
they ought to be by a healthy demand.

Against such small loans Brokers moreover set their faces, on
the alleged difficulty of "doing business in them."

For these reasons the debentures of British Columbia would
command higher prices if they formed but one loan, than they
ever can in their present condition.

In my original scheme I had assumed, as Governor Musgrave truly
states, that the local debt of £56,000 would continue to bear
interest at 12% until a 2% Sinking Fund should suffice to
extinguish it. In doing so I simply took the debt as it was
then represented to stand, and, with regard to
rate of interest, as it had stood for some years past.

This local debt had gone on increasing, and, unless I am much
mistaken, the sum above named falls short of the actual
indebtedness of the Colonial Government by a considerable amount
as I find that, at the present moment the assets on this side
fall short of the liabilities—including the October
dividends—by about £4,600, the greater part of which is due to
Sinking Funds which, when thus allowed to get into arrears,
dislocate all calculations and finally fall short of meeting the
obligations they were intended to discharge.

In leaving liabilities of this nature unsatisfied, I was in a
measure forced to believe that the Government had no means of
diminishing either the local debt, or the rate of interest paid
on it, unless by some such alternative as I suggested; and under
the circumstances I could only represent things as they stood,
and appeared likely to stand, and compare them with what I
proposed to substitute in their stead.

I regret the delay which has taken place in making this report
but the absence of my colleague for a short holiday, and the
pressure of current affairs which could not be postponed, left
me but little time for the consideration of an abstruse subject
of this kind.



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FILE: 1870-08-27_Murdoch_to_Rogers_Permanent_Under-Secretary_B705LN02.txt
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Murdoch to Rogers (Permanent Under-Secretary)

I have to acknowledge your letter of 11th inst with a despatch
from the Governor of British Columbia enclosing 3 Ordinances
passed by the Legislature of that Colony entitled:

No. 4 An Ordinance to facilitate the issue of Crown Grants.

No. 17 An Ordinance to assimilate the Law relating to the
transfer of real Estate, and to provide for the registration of
titles to land throughout the Colony of British Columbia, and

No. 18 An Ordinance to amend and consolidate the Laws affecting
Crown Lands in B. Columbia.

2. These Ordinances are accompanied by reports from the
Colonial Attorney General and other voluminous documents. They
form as the Attorney General states in his report of 11th May,
a complete code for "the clearing, acquisition and registration
of title to real Estate in the Colony" and have become necessary
in consequence of the variety, irregularity and confusedness of
the modes in which claims to land have heretofore been created
in Vancouver Island and on the mainland. In a great many cases
 it is said, not only were the Titles in their origin irregular
and insufficient, but they had subsequently been transferred in
an equally irregular & insufficient manner through various
hands, till it was almost impossible to ascertain who were the
rightful owners, or what the nature of the Title under which
land was held. It is to bring order out of this confusion and
to prevent its recurrence hereafter that these ordinances have
been passed.

3. The first Ordinance is intended to clear up all questions
relating to past titles. With this view it authorizes the
Commissioner of Lands, if he thinks fit, and directs him if
required by an applicant, to refer doubtful claims to the
Registrar General of Titles, who is to examine the claims, and
where he is satisfied that they are reasonable, and where the
claimants have not purchased directly from the Crown, is to
notify in the Government Gazette his intention to recommend
the issue of Crown Grants. If no objection is made within the
time (not less than three months) specified in the notices the
grants are to issue—but if an objection be made, or the
Registrar be not satisfied of the claimants title, he may refer
the case to the Supreme Court, which may either decide summarily
both Law and facts, or, if required, may submit the facts to a
Jury. Provision is made for the summoning of witnesses and
compelling their attendance, for the reservation of any equities
attaching to or affecting the Land—for the indemnification of
Government Officers and for other purposes necessary to carry
the Act into operation. The Act which refers to past
transactions only, and is to a great extent permissive, appears
unobjectionable, and I would recommend that it should be left to
its operation.

4. The Ordinance No 17 for the registration of Titles is a
reenactment with some additions of the Vancouver Island Act of
1860 & 1865 for the same purpose—which Acts are said to have
been founded on the Report of the Royal Commission of May 1857
on the registration of Title and the sale and transfer of land.
The Attorney General in an elaborate report explains the
provisions of the Ordinance—the general principle of which is,
he says, a registration of title, as opposed to registration of
assurances. He describes the satisfactory manner in which the
Law has worked during the last 10 years in Vancouver Island and
the objections to, & inconveniences of, the B. Columbia system,
 and the other alternative systems which might be proposed,
including the Imperial Act of 1862 and the South Australian Act
of 1860. A petition against the Ordinance was presented to the
Legislative Council but without effect, the second reading of
the Bill and the report of the Committee being carried
unanimously. A more detailed protest from the legal advisers of
the Banks of British North America and British Columbia was
subsequently presented to the Governor with a request that he
would forward it to the Secretary of State. The Attorney
General combats the statements in the petition and protest at
great length and shows, as it appears to me that the objections
urged against the ordinance are unfounded or unimportant—and
that the measure itself is well calculated to effect the object
in view. But in saying this it is I hope superfluous to add
that I do not presume to offer an opinion on a question so
purely technical, which has been the subject of so much
discussion & such diversity of views among the highest legal
authorities in this Country for many years, and has been so
often under the consideration of Parliament, without as yet
leading to any very satisfactory result. The Ordinance went
into operation immediately it received the assent of the Governor.

5. The above Ordinances having provided a means by which titles
may be assured, Ordinance No 18 deals with the manner in which
they may be created. It begins by a repeal of a number of
Ordinances of B. Columbia extending from Febry 1859 to March
1869, and of a Proclamation of the Governor of Vancouver Island
of 6 Septr 1862. The greater part of the Ordinance relates to
preemption. It provides that any British Subject of the age of
18 or upwards and any Chartered Company with the special
permission of the Governor, may acquire a right to preempt any
unoccupied Crown Lands—not being an Indian Settlement—to an
extent not exceeding 320 Acres. Application to enter upon the
land must be made to the Commissioner of Crown Lands accompanied
by a plan, and after permission is obtained the Preemptor must
enter on the land within 30 days, mark the boundaries, and apply
to have his claim recorded—which record the Commissioner is to
make and give a certificate of it on payment of a fee of $2.
Preempted lots are to be of a rectangular shape, the shortest
line two thirds of the longest, running as nearly as possible to
the cardinal points of the compass, except where there are
natural boundaries or public highways which offer better lines.
Lands already preempted may—if the Commissioner of Lands thinks
necessary—be surveyed, and their boundaries rectified. On a
preemptor proving that he has been in continuous personal
occupation of his land since the date of his record, and that he
has made permanent improvements to the extent of $2.50 an Acre,
he is to be entitled to a Certificate of improvement—after
which the preemption right becomes transferable, subject to the
provisions of the Ordinance as to occupation, forfeiture and
payment of purchase money, in the manner prescribed by the
Ordinance. If a preemptor permanently ceases to occupy his
claim the Commissioner may cancel the claim summarily in which
case all deposits paid and all improvements made are forfeited to
the Crown, and the land reopened to preemption. Personal
occupation, however, is not required beyond four years, and
every preemptor is entitled to two months leave of absence each
year, and may obtain from the Commissioner a special leave not
exceeding two months additional. He may also, on cause shown,
obtain permission to place a substitute on the land for any
period not exceeding 6 months. No person can hold more than one
claim by preemption, and any person preempting a second claim
forfeits his first with all improvements &c. When the
Government survey comes up to preempted land, the preemptor, on
showing continuous occupation and producing a certificate of
improvement, is entitled to purchase at a price not exceeding $1
an Acre, payable in four equal annual instalments subject to
forfeiture if the instalments are not duly paid. Notices of an
application for a Crown Grant must be posted in a conspicuous
place on the preemption claim for 60 days before issue of the
Grant, but upon payment of the whole of the purchase money &
production of a certificate of the posting of the notices
without any objection being brought forward, a Crown Grant is to
issue, reserving however certain rights to the Crown. In case
of the death of a preemptor his heirs, if resident in the
Colony, are to be entitled to a Crown grant on payment of the
purchase money—but if his heirs are absent from the Colony the
Commissioner is to make such arrangements for them as he deems
just. Preemptors to the North and East of the Cascade Range may
make up deficient claims to 320 Acres.

6. Leases of unoccupied land may be granted to preemptors or
purchasers of neighbouring land on condition that it be
adequately stocked within six months, but subject to resumption
for sale, preemption or reserve for public purposes. Subject to
the same liability, leases of haylands not exceeding 500 Acres
may be granted to any preemptor or purchaser, and leases of any
extent may be granted for cutting timber, subject to such rent
&c as may be fixed by the Governor in Council.

Preemptors may divert and utilize any water adjacent to or
passing through their land on obtaining the authority of the
Commissioner and paying $2 for a record of the arrangement—but
if the parties affected thereby refuse to consent, previous
notice must be given of the intention to use such water, &
compensation, to be fixed in case of dispute either by the
Commissioner or by a Jury of 5, is to be paid to any person,
whose land is thereby wasted or damaged. Water may also be
taken for mining purposes on payment of reasonable compensation.
Transfers of preemption rights are to carry with them the
accruing water privileges, but every owner of a water privilege
is bound to be reasonably careful of it, and in case of
unreasonable waste is liable to have the privilege forfeited by
the Commissioner.

7. Preemptors may bring actions of ejectment in the same manner
as if seized of the Fee, and such actions may be decided
summarily by the Stipendiary Magistrate or, if required, by a
jury of 5 to be summoned by the Magistrate. Appeals from the
decision of a Magistrate or of the Commissioner may be brought
to the Supreme Court on points of Law, the appellant giving due
security for the prosecution of the appeal.

8. Surveyed land, other than town, suburban and mineral land,
is to be sold by public auction at an upset
price of $1 an Acre—but land put up and not sold may be
disposed of by private contract. Such sales are subject to
public rights of way and to private rights of way and water
there existing, and also to the right of the Crown to take
Stone, gravel &c for the public roads—but unless otherwise
specially announced, the conveyance is to include all timber &
minerals except the precious metals.

9. The right of free miners to search for minerals—and of the
Governor in Council to make free grants for the encouragment of
immigration or for public purposes is reserved.

10. It will be seen from the above recapitulation that the
Ordinance is in fact little more than a Law for regulating the
system of Preemption. That system was established in Vancouver
Island in 1860, on the model of the similar system existing in
 the neighbouring States of the Union—and was shortly afterwards
extended to B. Columbia. Its advantages and disadvantages have
been repeatedly under discussion, but successive Governors of B
Columbia have been unanimous in considering that it was
indispensable to the progress of the Colony, and that to insist
on the system universal in other British Colonies, of requiring
survey to precede sale, would drive away existing Settlers and
prevent the influx of others. Upon this point I would beg to
refer to the despatch of the Governor of B. Columbia of 22nd
 August 1868, No 106, and the report on it from this Board of
31st of Octr following.

11. Assuming that the preemptive system is not to be interfered
with, the present ordinance is, I think, open to no objection.
It is in fact an improvement on the existing Law, inasmuch as it
settles the doubt, previously existing on the mainland, as to
the necessity of personal occupation of preempted Land. The
Ordinance is passed with a suspending Clause, and it will
therefore be necessary, if Lord Kimberley approves it, that it
should receive Her Majestys special confirmation in the usual form.



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No. 120

I have the honor to forward, herewith, the Returns of Revenue
and Expenditure for the First Quarter of the current Year, in
Duplicate.



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FILE: 1870-08-27_Musgrave_to_Kimberley_B70121.txt
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No. 121

I have the honor to transmit, herewith, the usual eighteen
copies of Ordinances passed during the last Session of the local
Legislature, as required by the Colonial Rules and Regulations,
Section 261.

*



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No. 122

I have the honor to forward for the information of Your
Lordship's Department copies of the Journals of the Legislative
Council of this Colony for the recent Session.



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FILE: 1870-08-28_Musgrave_to_Kimberley_B70123.txt
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No. 123

I have the honor to acknowledge the receipt of Your Lordship's
Despatch of 22nd, & of 28th July, forwarding the
undermentioned Parliamentary Papers.

Sanskrit M.S.S. Ceylon. 3 copies.

Blue Book Reports, 1868.

Part II. 4 copies.

Part III. 2 copies.



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FILE: 1870-08-29_Lushington_to_Under-Secretary_of_State_B705AD09.txt
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Lushington to Under-Secretary of State

With reference to your letter of the 16th inst I am commanded
by My Lords Commissioners of the Admiralty to acquaint you for
the information of the Earl of Kimberley that My Lords see no
objection whatever to the course proposed therein, to address a
Circular Despatch to the Governors of the Colonies instructing
them that all stores supplied by the Admiralty should be paid
for on the spot.



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FILE: 1870-08-29_Musgrave_to_Kimberley_B70124.txt
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No. 124

I have the honor to acknowledge the receipt on the 22nd & 27th
instant, of your despatches, of the numbers and dates noted in
the margin,

*

and to transmit herewith the Schedules of those remaining unanswered.



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FILE: 1870-09-01_Kimberley_to_Musgrave_B707114.txt
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No. 14

With reference to my Predecessor's Despatch No. 10 of the 9th
February, I have the honor to transmit to you the copy of a further
letter which has been received in this Department from Mr. Nias.

I assume that the statements contained in this letter and his
Petition must be altogether incorrect, but I should wish to be informed
whether Mr. Nias has any ground for claiming a title to the land in
Question.



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FILE: 1870-09-02_Herbert_to_Musgrave_B707115.txt
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No. 15

I have the honor to acknowledge the receipt of your Despatch No. 91
of the 27th July reporting the death of Mr. C.J. Pritchard late Warden
of the Gaol at New Westminster.

I approve of the appointment of Mr. Arthur McBride, in his place,
and the arrangements you have made as to Salary, Quarters and allowance
for light and fuel.



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FILE: 1870-09-02_Herbert_to_Musgrave_B707116.txt
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No. 16

I have the honor to acknowledge the receipt of your Despatch No. 92
of the 27th July in which you transmitted to me the rules and
regulations for the management and Government of Common Schools which
you have approved in Council under the provision of Ordinance No. 5 of
1870.



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FILE: 1870-09-02_Herbert_to_Musgrave_B707117.txt
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No. 17

I have the honor to acknowledge the receipt of your Despatch No. 93
of the 27th July, reporting the death of Mr. Chartres Brew, and the
arrangements to which you proposed to make in consequence.



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FILE: 1870-09-05_Kimberley_to_Musgrave_B707118.txt
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No. 18

I have the honor to acknowledge your Despatch No. 86 of the 11 July
transmitting copies of three ordinances entitled respectively:

An Ordinance to facilitate the issues of the Crown grants.

An Ordinance to amend and consolidate the Laws affecting Crown Lands
in B.C. and

An Ordinance to assimilate the Law relating to the transfer of Real
Estate, and to provide for the registration of titles to lands
throughout the Colony of British Columbia

Together with the reports of the Attorney General upon these Laws;
and a letter addressed to you on the subject of the third of these
Ordinances by the managers of certain Banks; and I have now to convey to
you Her Majesty's gracious confirmation and allowance of those
Ordinances.

With reference to the third of these Laws I observe that no
provision has been made for compensation to parties wrongfully deprived
of land from erroneous registration, fraud or otherwise. It is however
very desirable that such provisions should be made in measures of this
nature, and they have been accordingly introduced into the South
Australian Act 1858, into the New South Wales Act of 1862, and into a
recent Ordinance passed in Trinidad.

Unless therefore there are objections to this course peculiar to
British Columbia of which I am not aware, I am of opinion that the ordinance should
be amended by the introduction of the same, or similar, provisions for
compensation as are to be found in the Acts referred to above.

I enclose for your information a copy of the New South Wales Act
(No. 9 of 1862) which has since been adopted almost verbatim in the
Crown Colony of Trinidad.



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FILE: 1870-09-05_Kimberley_to_Musgrave_B707119.txt
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No. 19

With reference to your Despatch No. 71 of the 17th May in which you
forwarded Ordinance No. 11 "To authorize a Loan of £75,000" and stating
reasons for preferring the course authorized by that Ordinance to the
scheme suggested by Mr. Julyan for readjusting the public debt of the
Colony, I have the honor to transmit to you a letter from that
gentleman, in which he offers various observations on your proposals.

The considerations urged by Mr. Julyan appear to demand very serious
attention, and the hope that your Government may be led to adopt a
scheme likely to be more successful in the operations than that proposed
in your Despatch of the 17th May. I have refrained for the present from
laying the Loan Ordinance before Her Majesty for Confirmation.



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FILE: 1870-09-05_Kimberley_to_Musgrave_B707120.txt
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No. 20

I have the honor to acknowledge the receipt of your Despatch No. 94
of the 28th July reporting the terms of Union agreed upon between the
delegates of B.C. and the Government of the Dominion of Canada.

I had before received confidentially from Sir John Young the Report
of the Committee of the Privy Council of Canada and had informed him in
reply that I was much gratified to learn that the negotiations had such
satisfactory progress.



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FILE: 1870-09-06_Kimberley_to_Musgrave_B707121.txt
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No. 21

I have the honor to acknowledge your Despatch No. 90 of the 27th
July and to confirm the appointment you have made of Mr. Edward Graham
Alston to be Registrar General of titles under the provisions of the
land registry Ordinance 1870.



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FILE: 1870-09-12_Sargeaunt_to_Herbert_Assistant_Under-Secretary_B705AG08.txt
================================================================================

Sargeaunt to Herbert (Assistant Under-Secretary)

I have the honor to apply for the Earl of Kimberley's authority
for complying with a Requisition, received at this office from
the Government of British Columbia, for a supply of Stationery
at a cost of £275.6.8, exclusive of freight and incidental
charges.

The British Columbia account with this Department shows a
balance of about £800 in hand.



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FILE: 1870-09-14_Hammond_to_Under-Secretary_of_State_B705FO09.txt
================================================================================

Hammond to Under-Secretary of State

With reference to your letter of the 11th ultimo, 
I am directed by Earl Granville to transmit to you, to be laid before the Earl
of Kimberley, a despatch from Her Majesty's Minister at
Washington, inclosing copies of a correspondence he has received
from the United States' Government, from which it will be
perceived that they have decided that the Census of the Island
of San Juan shall not be taken by their Authorities.



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FILE: 1870-09-20_Parkhurst_to_Rogers_Permanent_Under-Secretary_B705MI08.txt
================================================================================

Parkhurst to Rogers (Permanent Under-Secretary)

Having submitted to the Postmaster General your letter of the
15th Instant, Enclosing copy of a despatch from the Governor of
British Columbia, in which he recommends that the Money Order
System shall be extended to that Colony, I am desired by his
Lordship to state, for the information of the Earl of Kimberley,
that he readily assents to the Governor's proposal; but before
fixing a date for commencing the measure, I am to request that
the accompanying copies of the rules which have been drawn up
for the transaction of Money Order business between the United
Kingdom and the Colonies may be sent to the Governor of British
Columbia for the concurrence of his Government.

The Marquis of Hartington will also be glad if Lord Kimberley
will request the Governor to State at what places in the Colony
it is intended to establish Offices for the issue and payment of
Money Orders on and from this Country, and what rate of
commission it is proposed to charge on Money Orders issued in
the Colony.

On receiving information on these points, Lord Hartington will
be in a position to name a date for the Simultaneous
commencement of the measure in the United Kingdom and in the
Colony.



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FILE: 1870-09-20_Rogers_to_Musgrave_B707122.txt
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No. 22

I have the honor to acknowledge the receipt of your Despatch No.
102 of the 5th August forwarding copies of the General order which has
been issued as to the scale of Fees and the cost of Litigation in the
Supreme Court of British Columbia.

With reference to the third section of the general order, I
transmit to you for the information of the Chief Justice, a copy of the
recent Act of Parliament (33 and 34 Vic. Cap: 38) relating to the
remuneration of Attorneys and Solicitors.



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FILE: 1870-09-21_Kimberley_to_Musgrave_B707123.txt
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No. 23

I have the honor to acknowledge the receipt of your Despatch No.
111 of the 12th August, and to convey to you Her Majesty's Gracious
Confirmation and allowance of Ordinance No. 13 of 1870 passed by the
Legislative Council of British Columbia and entitled "An Ordinance to amend the
Road Ordinance 1869."

With reference to the 9th clause I have to observe that though it
is quite just that the Government should have power to take Gravel,
stone, timber &c if required for Public Works, it appears unfair that
compensation should not be given for whatever is thus taken equivalent
to the loss really imposed on the land owner.



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FILE: 1870-09-22_Kimberley_to_Musgrave_B707124.txt
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No. 24

I submitted for the consideration of the General Post Office a copy
of your Despatch No. 107 of the 12th August recommending the extension
to British Columbia of the money order system; and I now transmit to you
the copy of the reply which I have received from that Department, from
which you will perceive that Lord Hartington is prepared to assent to
your proposal.



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FILE: 1870-09-26_Kimberley_to_Musgrave_B707125.txt
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No. 125

I have to acknowledge the receipt of your Despatch No. 109 of the
12th August last in which you recommend a grant of $250 to Mr. Ker on
account of his services in auditing the Crown Fund accounts connected
with the occupation of San Juan. I do not feel authorized to sanction a
special payment on these grounds as I consider it the duty of the
Auditor to audit the accounts of the whole public Revenue, but I have no
objection to your proposing to the Legislature this grant, when the
Crown Fund shall have been merged into the general accounts of the
Colony.



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FILE: 1870-09-26_Kimberley_to_Musgrave_B707125A.txt
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Confidential

With reference to my Confidential Despatch of the 24th of August
last, I have now to transmit to you the Copy of a further letter with
its enclosures from the Foreign Office from which you will learn that
the United States Government have decided not to include San Juan in the
9th Census of their Dominions.

I have expressed to the Foreign Office the satisfaction with which
I have received this information.



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FILE: 1870-09-26_Sargeaunt_to_Under-Secretary_of_State_B705AG09.txt
================================================================================

Sargeaunt to Under-Secretary of State

In compliance with the request expressed in Sir F. Rogers'
letter of the 31st January, 1870, I have to report that the sum
of £330.14.6 has been received by the Crown Agents, being a
further amount of Interest due to the Sinking Fund of the
Vancouver Island Government Loan of 1862.

This amount has been invested under the authority of the
Colonial Office letter of the 24th Jany as p[er] margin

*

on behalf of W.C. Sargeaunt and Gordon Gairdner Esqres who
are the Trustees.



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FILE: 1870-10-08_Kimberley_to_Musgrave_B707126.txt
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No. 26

I have the honor to acknowledge the receipt of your Despatch No.
116 of the 25th of August last, furnishing information respecting the
Benches or drift Terraces on the Fraser River.

I am much obliged to you for the trouble you have taken in [the]
matter and beg you will convey my thanks to the Chief Justice for his
curious and interesting paper.



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FILE: 1870-10-10_Kimberley_to_Musgrave_B707127.txt
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No. 57

With reference to your Despatch of the 17th May and to my reply of
the 9th July I have to inform you that the Flag selected for the Colony
of British Columbia is only to be flown by the Governor when afloat, and that the
Union Jack is still to be flown at Government House, and at Public
buildings in the Colony.



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FILE: 1870-10-11_Musgrave_to_Kimberley_B70125.txt
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No. 125

I have had the honor to receive Your Lordship's Circular
Despatch of the 1st August, calling my attention to Earl
Granville's Circular of the 12th July 1869 and the instructions
therein contained on the subject of certain Returns relative to
Hospitals and Lunatic Asylums.

2. The Despatch referred to was received here before I assumed
the Government. It was not brought specially to my notice; and
I regret that it altogether escaped my observation as being
unanswered, amidst the pressure of other business on my first
arrival.

3. With reference to Your Lordship's recent Circular of 1st
August I have lately called for Reports upon the condition of
the Hospitals. The Report upon that at Barkerville in Cariboo
has not yet been received. When that is obtained I shall
endeavour to furnish the required Returns; but the circumstances
of a Colony like this render it so impossible to comply with
regulations easily established in older and more populous
Colonies that I fear the particulars I may be able to furnish
will be of little value.

4. There is no Lunatic Asylum in the Colony.



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FILE: 1870-10-11_Musgrave_to_Kimberley_B70125CO.txt
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Confidential

I have had the honor to receive Your Lordship's Confidential
Despatch of the 24th August, enclosing for my information
Copies of a correspondence with the Foreign Office in regard to
the reported intention of the United States Government to
include San Juan and the adjacent Islands in the Census of the
United States.

2. This matter has already been brought to my notice by Mr
Thornton, as he states in his Despatch to the Secretary of State
for Foreign Affairs, and I now enclose a Copy of the reply which
I then forwarded to Mr Thornton. It was in fact too late for
interference, even if I had authority for the purpose, or, if
interference had appeared desirable. But I was not disposed
to attach much importance to the proceeding. I have however
recently received another Despatch from Mr Thornton, of which I
forward a Copy in which he acquaints me that the United States
Government have relinquished the intention to include San Juan
in the Census.

3. There is I fear very little doubt of the disposition of the
authorities of the United States gradually to transgress the
limits of the understanding agreed upon for the occupation of
San Juan, if they are allowed to do so. I now forward to Your
Lordship a Copy of a Letter from the War Department at
Washington, which has been brought under my notice within the
last few days, addressed to a person interested in property at
San Juan, in which jurisdiction is claimed for the Courts of
Washington Territory over the persons and property of American
residents on the Island. This has come into my hands through a
private channel or I would forward it to Mr Thornton, but I
scarcely feel at liberty to furnish it as the basis of any
formal representation to the United States Government. In
representations which have been made to me it is alleged that
British subjects as well as Americans were interested in the
property to which the Letter refers, and application was made to
me for interference; but I did not regard myself under your
predecessor's instructions as having any authority, or the
Courts of this Colony as at present possessing any jurisdiction.



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FILE: 1870-10-11_Northcote_to_Rogers_Permanent_Under-Secretary_B705MI09.txt
================================================================================

Northcote to Rogers (Permanent Under-Secretary)

I have the honor to enclose an Extract of a letter from Mr
James A. Grahame the representative of the Hudson's Bay Company
in Vancouver's Island dated Victoria September 2nd, in which
he points out that a trade in Spirituous liquor is being carried
on all along the North West Coast of British America in
Schooners that clear from the port of Victoria and take on board
liquor outside the Harbour. Mr Grahame complains that while
the Company pay heavy duties on all the goods imported by them
they receive no assistance from the Colonial Government in
trying to prevent parties from trading Spirits with the Indians
on the Coast.

The Subject is one which the Company have had frequently brought
under their notice, and being satisfied that this illegal
traffic is carried on to a large extent the Committee request
that you will have the goodness to move the Earl of Kimberley to
take such steps as may appear to His Lordship to be necessary to
check, if not effectually to prevent trade in Spirits with the
Indians on the North West Coast of America. I need not dwell
upon its demoralizing effects upon the Indians, nor upon the
dangers and difficulties experienced by the Company's officers
in carrying on with them a comparatively unprofitable trade
under such circumstances.



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FILE: 1870-10-12_Musgrave_to_Kimberley_B70126.txt
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No. 126

I have had the honor to receive Your Lordship's Circular
Despatch of the 2nd August requiring information as to the Laws
in force in the Colonies as to Trespass and also as to the
preservation of Game.

2. With regard to the Law of Trespass, it is the same as in
England on the 19th of November, 1858, as provided by the
"English Law Ordinance 1867," No 27, of which I enclose a Copy;
with the exception made by Section III of the "Fence Ordinance,
1869" No 9, also enclosed, applicable to Fence Districts as
therein provided.

3. The preservation of Game, so far as is practicable, in this
Colony is provided for by the "Game Ordinance, 1870" which I
forward.

4. No special observations seem necessary upon the provisions
of these Ordinances.



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FILE: 1870-10-12_Musgrave_to_Kimberley_B70127.txt
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No. 127

I have had the honor to receive Your Lordship's Despatch No 10
of the 12th August, pointing out that the Leave of Absence
granted by me to Mr G. Williams Government Printer had not
been reported to Your Office in accordance with the Colonial
Regulations.

2. Mr Williams is only a Compositor in the Government Printing
Office, and although paid a fixed Salary by the Government I
did not regard him as having the rank of a "Colonial Officer"
within the meaning of the Regulations. For this reason I did
not think it necessary to report the Leave granted to him;
although as he was proceeding to England he was allowed to draw
his Half Salary from the Crown Agents as a personal
accommodation.

3. I now enclose the usual Certificates.



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FILE: 1870-10-12_Musgrave_to_Kimberley_B70128.txt
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No. 128

I have the honor to report the Execution on the 23rd ultimo of
an Indian named Hahamack under sentence of death for the murder
of another Indian named Celick.

2. The case was submitted for the consideration of the
Executive Council in the usual manner, with the Judge's Notes
taken at the trial, and the Council were unanimously of opinion
that there was no reason for interfering with the sentence of
the Court, in which view I concurred.



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FILE: 1870-10-12_Musgrave_to_Kimberley_B70129.txt
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No. 129

I have the honor to forward the usual Financial Returns for this
Colony for the second Quarter of the Year. I presume that it
will no longer be necessary to forward these Returns under Your
Lordship's recent instructions communicated in Your Lordship's
Circular of the 16th August last.



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FILE: 1870-10-12_Musgrave_to_Kimberley_B70133.txt
================================================================================

No. 133

I have the honor to acknowledge the receipt on the 6th & 16th
ultimo, of your despatches, of the numbers and dates noted in
the margin.

*



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FILE: 1870-10-13_Bates_to_Rogers_Permanent_Under-Secretary_B705MI10.txt
================================================================================

Bates to Rogers (Permanent Under-Secretary)

I have the honor to acknowledge receipt of copy of a Report by
the Chief Justice of British Columbia on the "Benches" or Valley
terraces of that Colony, which you have sent to this Society by
direction of the Earl of Kimberley.

The document shall be laid before the President and Council at
their next Meeting.



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FILE: 1870-10-13_Hammond_to_Under-Secretary_of_State_B705FO10.txt
================================================================================

Hammond to Under-Secretary of State

With reference to your letter of the 1st Ultimo enclosing a
Copy of a dispatch from the Governor of British Columbia
relative to the award granted by the United States of Colombia
to Samuel Harris, a resident in that Colony; I am directed by
Earl Granville to request that you will inform the Earl of
Kimberley that a letter has this day been received from the
Treasury, stating that Their Lordships have desired the
Paymaster General to transfer to the credit of the account of
the Crown Agents for the Colonies the sum of
£175.15.7,
being the amount awarded to Samuel Harris by the Government
of Colombia for injuries sustained in the Panama Riots in the
year 1856.



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FILE: 1870-10-14_Musgrave_to_Kimberley_B70130.txt
================================================================================

No. 130

I have the honor to acknowledge the receipt of Your Lordship's
Despatch of 3rd August, forwarding the undermentioned
Parliamentary Papers.

Crown Lands Colonies.



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FILE: 1870-10-14_Musgrave_to_Kimberley_B70131.txt
================================================================================

No. 131

I have the honor to acknowledge the receipt of Your Lordship's
Despatch of 16th August, forwarding the undermentioned
Parliamentary Papers.

Red River Disturbances. 6 copies.



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FILE: 1870-10-14_Musgrave_to_Kimberley_B70132.txt
================================================================================

No. 132

I have the honor to acknowledge the receipt of Your Lordship's
Despatches of 5th, 6th & 8th ult., forwarding the
undermentioned Parliamentary Papers.

Consuls Commercial Reports—Nos 1, 2, 3 & 4 of 1870. 2 copies.

12th Report of Medical Officer of Privy Council—1869. 2 copies.

Reports of Secretaries of Embassy & Legation—Nos 1 & 2, 1870.
2 copies.



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FILE: 1870-10-14_Musgrave_to_Kimberley_B70134.txt
================================================================================

No. 134

I have the honor to acknowledge the receipt on the 30th Ultimo,
of your despatches, of the numbers and dates noted in the
margin.

*



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FILE: 1870-10-14_Musgrave_to_Kimberley_B70135.txt
================================================================================

No. 135

I have the honor to acknowledge the receipt on the 10th
instant, of your despatches, of the numbers and dates noted in
the margin,

*

and to transmit, herewith the Schedules of those remaining unanswered.



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FILE: 1870-10-17_Lushington_to_Under-Secretary_of_State_B705AD10.txt
================================================================================

Lushington to Under-Secretary of State

With reference to your letter of the 11th inst. forwarding a
Copy of a despatch from the Governor of British Columbia
relative to Captain W.A. Delacombe commanding the Royal Marines
at San Juan, being granted the local rank of Lieutenant Colonel
while so employed, I am commanded by My Lords Commissioners of
the Admiralty to acquaint you for the information of the
Secretary of State for the Colonies that My Lords cannot
recommend such a step.

2. Vice Admiral the Honourable George Hastings the late Commander
in Chief on the Station declined to entertain the same request
and My Lords attach much importance to the experience gained by
him while in command of the Pacific Station during a period of
three years.

3. My Lords further consider that it would form an undesirable
precedent to Give the local rank to successive Captains of
Marines of six or seven years
seniority who should chance to be in Command of the detachment
numbering between eighty or a hundred men. Under these
Circumstances, unless the Earl of Kimberley should see any
urgent reason for compliance My Lords are prepared to decline
acceding to this proposition.



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FILE: 1870-10-17_Musgrave_to_Kimberley_B70136.txt
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No. 136

I have had the honor to receive Your Lordship's Despatches Nos
11 & 12 of the 22nd August, enclosing an Order of Her Majesty
in Council constituting a Legislative Council for British
Columbia, and conveying Your Lordship's observations on the
changes which that Instrument is intended to effect.

2. I am glad that Your Lordship has approved of the arrangments
which I undertook to suggest, and very grateful for the
confidence which you have expressed in my discretion as to the
exercise of the powers which have been confided to me on the
matters of detail; which Your Lordship has, I think rightly,
considered can more easily be adjusted by the aid of local
knowledge in the Colony.

3. The late period of the Year at which the Order in Council
was received rendered prompt action necessary to accomplish the
completion of the Elections in the more distant Districts, so as
to enable the first Session to be held at the usual season. I
have therefore lost no time in taking the requisite proceedings.
The writs have already been issued. And I enclose Copies of a
Gazette Extraordinary containing the Order in Council and a
Proclamation which I have issued under the powers given by the
9th Section of the Order in Council.

4. Upon general principles I have not regarded it as expedient
to appear to curtail the liberty of the franchise conferred by
the Order, by attempting to impose any more specific
qualifications for Electors or Elected Members. But, I have
thought it right that residence in the District for three months
before the Elections should be required of the Electors. Any
franchise which it would have been at all possible to establish
in the case of this Colony, would in fact and practice amount to
no franchise at all, and after excluding aliens whose votes have
been taken on previous occasions would reduce the number of
Electors to a very small body, probably excluding many persons
presumably quite as fit to exercise the privilege of Election as
any possessing the nominal qualification. I have seen the
effect of Household suffrage in Newfoundland.

5. It has been found necessary on this occasion to omit any
regulations in respect of Registration of Voters. Time is not
afforded to establish any effective system or to enable any
revision of the Lists. But it is my impression that the
omission is not likely to produce any perceptible effect upon
the probable result of the Elections. When the time arrives for
further proceedings towards the completion of Union with Canada,
it will be necessary for the new Council to pass an Election Law
settling this and other matters of detail for the future.

6. I trust that the Writs will all be returned before the end of
December, and that I may be able to convene the Council early in
January. I have little or no doubt that the issue as to Union
with Canada is already virtually settled. The matters which
will probably occupy attention are the proposed introduction of
Responsible Government on Union and questions arising out of the
alternative which has been offered by Canada, that this Colony
may either accept the Canadian Tariff or retain its own until
the completion of overland communication by the proposed
Railway.



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FILE: 1870-10-17_Musgrave_to_Kimberley_B70137.txt
================================================================================

No. 137

I have the honor to transmit by Book Post the duplicate copy of
the "Blue Book" for last Year.



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FILE: 1870-10-18_Kimberley_to_Musgrave_B707128.txt
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No. 28

In reply to your Despatch No. 95 of the 28th July, relative to the
reward granted by the United States of America to Samuel Harris as
compensation for injuries sustained in the Panama Riots 1856, I have the
honor to inform you that a letter has been received from the Foreign
Office stating that the Paymaster General has been instructed to
transfer the sum of £175.15.7 to the credit of British Columbia with the
Crown Agents for the Colonies.

You have my authority for paying this sum out of the local Treasury
to Mr. Harris.



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FILE: 1870-10-18_Musgrave_to_Kimberley_B70138.txt
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No. 138

I have had the honor to receive Your Lordship's Circular
Despatches of the 16th August, and 8th September, relating to
the measures which it may be found necessary to adopt in the
Crown Colonies for securing a sufficient audit now that the
accounts of those Colonies are no longer audited in England, and
requiring copies of any instructions that may have been issued
for the guidance of the Treasurer and Auditor with any other
general information as to the manner in which the receipt and
expenditure of Public money are controlled.

2. No Colonial Instructions as to the keeping or rendering of
the accounts of this Colony have ever been issued to either the
Treasurer or Auditor. The Draft Instructions of the Lord
Commissioners of Her Majesty's Treasury to the Treasurer and
Auditor respectively have been the guide as to the system to be
pursued in keeping the Accounts and checking the Revenue and
Expenditure.

3. This system may be continued for the present although it is
doubtful whether a simpler form better suited to a small
community like this might not be adopted. But, in future after the
establishment of a Legislative Council under the authority for
this purpose recently transmitted, the Colony having ceased to
be a Crown Colony, it will I presume be open to the Legislature
to establish such arrangements as seem fit; and I shall propose
to that body that a Committee of Audit should be appointed
formed by elected Members, who from time to time may satisfy
themselves and report to the Legislature as to the efficient
discharge of the duties of the audit Office.

4. In relation to this subject I shall be glad to be instructed
whether the directions contained in the Duke of Buckingham's
Despatch to my Predecessor No. 105 of the 7th December 1868, as
to the preparation of the Annual Estimates and the Financial
Returns in connection therewith, are still to be held applicable
to this Colony under the change of constitution, and in view of
the new approach of Union with the Dominion of Canada.



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FILE: 1870-10-18_Robinson_to_Rogers_Permanent_Under-Secretary_B706R01.txt
================================================================================

Robinson to Rogers (Permanent Under-Secretary)

The Packet of papers you kindly forwarded on the 12th
Inst—including Blue Book on British Columbia, Mr
Begbie's answers to my questions, & various photographs, & your
letter—I have duly received, & now thank you for forwarding them.

Will you have the goodness to present my hearty thanks to the
Earl of Granville or the Earl of Kimberley, or to both, for
sending out my inquiries & communicating the answers thereto.

Mr Begbie's elaborate & highly prized letter leaves the
wonderful terraces it refers to, unexplained. I should like
therefore to insert the information it contains in the Athenaeum
or some similar periodical for the purpose of stimulating
further investigation. If however Mr Begbie gives no authority
for publishing his name, I presume it will be my duty to abstain
from giving any clue to it. With that limitation, I wish to
publish my letter & [his?]

reply to it, saying that for the latter I am indebted to the courtesy of the Colonial Office.

It may be right to add that I am not going to sell this
information, but to give it to the public as freely as it has
been given to me.

To this I presume there will be no objection.

In the next communication to Mr Justice Begbie may I ask that
my great gratitude be expressed for the very great pains he has
taken to explain the intensely interesting phenomena around him.



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FILE: 1870-10-19_Musgrave_to_Kimberley_B70139.txt
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No. 139

I have hitherto deferred any special acknowledgment of Your
Lordship's Despatch No 4 of the 11th July, on the subject of
the suspension of Mr Thomas Basil Humphreys from his seat in
the present Legislative Council, until I should receive Your
Lordship's instructions with reference to the change in the
constitution of that body which I had recommended early in the
Year.

2. I should have no opportunity of laying your Despatch before
them until the usual period of Session in the Winter. Under the
authority recently received in your Despatches Nos 11 and 12,
of 22nd August Writs have now already been issued for an
Election. The present Council will be dissolved so soon as those
Writs shall have been returned. The new Council will of course
have no cognizance of the proceedings of the former body in
respect of this matter, and it will not therefore be possible to
refer the case of Mr Humphreys for their reconsideration.



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FILE: 1870-10-19_Musgrave_to_Kimberley_B70140.txt
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No. 140

I have the honor to report that I intend to leave Victoria
tomorrow in Her Majesty's Ship "Sparrowhawk" for the purpose of
visiting Cowichan, Nanaimo, & Comox on the East Coast of
Vancouver Island, and Knight's Inlet and some other places on
the Coast of the Mainland. At Knights Inlet there have been
some disputes between the Indian Tribe in that neighbourhood,
and a party engaged in endeavouring to open what is represented
as likely to be a very valuable mine of Copper Ore. And I hope
that my visit may terminate the misunderstanding. I shall
probably be absent from the Seat of Government about a
fortnight, but scarcely in any case more than three Weeks.



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FILE: 1870-10-20_Kimberley_to_Musgrave_B707129.txt
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No. 29

I have the honor to transmit to you a copy of a letter which the
Hudson Bay Company have addressed home complaining that the Colonial
Government fail to give them any assistance in attempting to check the
illegal traffic in spirituous liquors with the Indians on the coast.

I cannot too strongly impress upon you that it is the duty of the
Local Government to exert itself to the utmost in the prevention of this
trade, the results of which wherever it has been allowed to grow up have
been at once ruinous to the Indians, and destructive of peace and good
order.

I have to request that you will report to me whether Ordinance No.
28 of 1867 has been strictly enforced, or whether its provisions are not
sufficiently stringent enough to effect the object for which it was
passed.



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FILE: 1870-10-21_Hammond_to_Under-Secretary_of_State_B705FO11.txt
================================================================================

Hammond to Under-Secretary of State

With reference to my letter of the 14th ultimo, I am directed
by Earl Granville to transmit to you, to be laid before the Earl
of Kimberley, a copy of a further despatch from Her Majesty's
Minister at Washington in regard to the taking [of] the Census
of the Island of San Juan.

I am also to transmit to you a copy of Lord Granville's reply to
Sir Edward Thornton.



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FILE: 1870-10-22_Kimberley_to_Musgrave_B707130.txt
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No. 30

I have the honor to acknowledge the receipt of your Despatch No.
119 of the 25th August last enclosing an address to Captain Delacombe
from the inhabitants of San Juan and forwarded by him to you.

I referred your Despatch with its enclosures for the consideration
of the Lords Commissioners of the Admiralty who have informed me that
they cannot recommend that the local rank of Lieutenant Colonel Should be
conferred upon Capt. Delacombe; and I concur in their decision.



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FILE: 1870-10-29_Kimberley_to_Musgrave_B707131.txt
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No. 31

With reference to my Despatch No. 26 of the 8th of October, I
enclose for your information, and for communication to Chief Justice
Begbie copies of correspondence with the Reverend W. Robinson in regard
to his request to be allowed to insert the information contained in Mr.
Begbie's letter on the subject of the Fraser River "Benches" or "Drift
Terraces" in the Athenaeum or some similar period[ical].



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FILE: 1870-10-31_Ransom_to_Kimberley_B705MI11.txt
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Ransom to Kimberley

I beg to enclose, as required by our Deed of Settlement, the
half yearly Statement of this Bank for the six months ended the
30th June last.



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FILE: 1870-11-05_Musgrave_to_Kimberley_B70141.txt
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No. 141

I have the honor to report my return yesterday to Victoria from
the visits to some places on the Coast which I informed Your
Lordship in my last Despatch that it was my intention to
make in Her Majesty's Ship "Sparrowhawk."

2. As I had hoped, I was successful in settling the disputes at
Knights Inlet between the Indian Tribe and the persons concerned
in the Copper mine. The Indians on hearing of the approach of
the Ship restored certain sacks of ore which they had detained.
The Chiefs of the Tribe came on board and expressed their regret
for the opposition which they had made to the working of the
mine, and their willingness that any white men who chose should
now come to the neighbourhood for that purpose. I have reason
to think that in the first instance their objections arose
from their belief that the ore which was taken from the "lead"
contained gold, which they desired to retain for themselves, or
regarded as deserving compensation for the land. But, one of
the parties interested in the mining equipment was present at my
interview with the Chiefs, and expressed his satisfaction at the
understanding with the Indians and the promises which they now gave, upon which I consented to pardon the offence of which they
had been guilty in obstructing the mining party in the
prosecution of their innocent undertaking. At the same time I
impressed upon the white settlers the importance of good faith
in their dealings with the Indians, and of abstaining from any
injury to their salmon fisheries with regard to which they are
solicitous. I think that this matter is satisfactorily settled
and I do not apprehend any further difficulty.

3. On my return from Knight's Inlet I visited the agricultural
district of Comox, Nanaimo, which is the Coal mining
centre, and the District of Cowichan which though inferior to
Comox, is still capable of becoming a very important
agricultural region. I have indeed been agreeably surprised by
what I have seen of Vancouver Island in this respect. At all
these places substantial comfort may be witnessed easily
rewarding honest industry, and in some cases remarkable success
has been the result of only a few years of labor. Comox
presents peculiar advantages for agriculture; is being rapidly
occupied; and cannot fail to become a populous and prosperous
part of the Colony.

4. I enclose copies of Addresses which were presented to me at
Nanaimo and Cowichan and of the replies which I made to them.
The settlers at Comox are more scattered than in other places
and it was stated to me apologetically that as my visit was
somewhat unexpected, time had not been afforded to prepare an
address for presentation.



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FILE: 1870-11-07_Musgrave_to_Kimberley_B70142.txt
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No. 142

I have the honor to acquaint Your Lordship that I have drawn a
Bill as per margin

*

on Her Majesty's Paymaster General for the sum of Fifteen
Hundred Pounds (£1500), on account of the Detachment of Royal Marines
stationed at San Juan Island, and to request that Your Lordship
will be good enough to cause the necessary steps to be taken in
order that the Bill may be met at maturity.



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FILE: 1870-11-07_Musgrave_to_Kimberley_B70143.txt
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No. 143

I have the honor to acknowledge the receipt on the 4th instant,
of your despatches, of the numbers and dates noted in the
margin,

*

and to transmit, herewith the Schedules of those remaining unanswered.



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FILE: 1870-11-07_Nias_to_Herbert_Assistant_Under-Secretary_B706N04.txt
================================================================================

Nias to Herbert (Assistant Under-Secretary)

I am in receipt of a communication from you by direction of
the Earl of Kimberley acknowledging my letter of the 17th June
in which you state that the "matter of my
Title to Land
pre-empted by me in
Vancouver Island
is entirely in the hands of the local authorities, from whom my
Lord Kimberley will call for an explanation."

Allow me to add that my only hope is that His Lordship will call
the local authorities to account. I have strictly complied with
the very stringent provisions of the Land Proclamation 186-, why
do they not comply with their part of the agreement? Their long
delay is ruin and misery to me.



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FILE: 1870-11-09_Kimberley_to_Musgrave_B707132.txt
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No. 32

I have the honor to acknowledge the receipt of your Despatch No.
128 of the 12th Ulto. reporting the execution of an Indian named
Hahamack for murder.



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FILE: 1870-11-15_Kimberley_to_Musgrave_B707133.txt
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No. 33

I have the honor to acknowledge the receipt of your Despatch No.
129 of the 12th October last enclosing the usual financial returns for
the Colony of B.C. for the Quarter ended 30th June last.

The Circular of the 16th August to which you refer in that Despatch
did not authorize the discontinuance of these Returns which must
therefore be forwarded as heretofore.



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FILE: 1870-11-16_Musgrave_to_Kimberley_B70144.txt
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No. 144

With reference to Your Lordship's Circular Despatch of the 1st
June, respecting the operation of the Imperial Copyright Act of
1842 as it affects persons publishing in the Colonies, I have
now the honor to forward a report upon this subject from the
Attorney General, which would have been forwarded much earlier
but for an unfortunate accident which caused the fracture of his
right arm and prevented his attending to business for some
weeks.

2. I agree with the Attorney General in thinking that the
subject is one that may be postponed, so far as this Colony is
concerned, as it seems now probable that very little time will
elapse before British Columbia becomes part of the Dominion
of Canada.



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FILE: 1870-11-16_Musgrave_to_Kimberley_B70145.txt
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No. 145

I have had the honor to receive Your Lordship's Despatch No 14
of the 1st September, with a copy of a further Letter received
by your Department from Mr Nias, and expressing a desire to be
informed whether Mr Nias has any ground for claiming a title to
the land in question.

2. I am advised by the Crown Law Officers that Mr Nias has
not; and this is the point at issue between the Government and
other parties as well as Mr Nias, who are in the same position.
I enclose a Memorandum prepared by the Colonial Secretary which
will I think afford Your Lordship the necessary information as
to the circumstances of the case. There is not any desire to
withhold from Mr Nias what he may be legally entitled to,
but any concession to him of more than he can legally establish
would immediately be made a precedent in other instances.



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FILE: 1870-11-17_Musgrave_to_Kimberley_B70146.txt
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No. 146

I have had the honor to receive Your Lordship's Despatch No 19,
of the 5th September referring to the Loan Ordinance, 1870, and
forwarding a Letter from Mr Julyan in which he offers various
observations on my proposals for the financial arrangement of
some local debt.

2. I have read Mr Julyan's remarks with care but they fail to
convince me that the plan which I proposed was not the better to
be followed in the existing circumstances of the Colony. I do
not follow him into arguments which may be adduced to shew the
abstract advantages of a large Loan over a plurality of smaller
liabilities. I only consider what is likely speedily and
practically to relieve the present difficulties of the Colony.
And I see no reason to doubt that what I proposed would have
done so more rapidly and more effectually than Mr Julyan's plan
and at least at no greater eventual cost. I enclose a
Memorandum from Mr Ker the Auditor General, and if it were not
undesirable to occupy Your Lordship's time further upon this
subject I could point out where I think Mr Julyan's judgment
upon the advantages of the two schemes is erroneous.

3. But in my former Despatch No 71, of the 17th May,
Paragraph 8, I intimated that it would not be any advantage to
the Colony to consolidate the floating debt in the event of
Union with Canada being soon accomplished, and that I did not
propose to take any action until I should have received the
report of the Delegates then on their way to Ottawa. The terms
which they have been able to agree upon with the Government of
the Dominion are so well received by the Community and are
likely from all appearances to be so favorably viewed by the
Legislature at their next Session that Union is almost certain
within the next Year. In this case the whole public debt will
be assumed by the Dominion, and the Canadian Government can make
what readjustment they think proper. It is not now desirable to
disturb the existing arrangements, and I no longer propose to
take any steps to obtain a Loan.

4. It is proper that I should remark in conclusion upon the
observations in the closing Paragraph of Mr Julyan's Report
which were likely and probably were intended to convey the
impression that the Account of this Colony was in arrear with
his Office. The last account transmitted to me, to 31st July,
shewed a Credit of Thirteen hundred and fifty seven pounds,
Fifteen shillings and seven-pence (£1357.15.7). It was not
accurate to include October Dividends in liabilities stated to
be due on the 26th August. I find that up to the 1st October
Fourteen thousand, five hundred pounds (£14,500.0.0), had been
remitted, of which only Seven thousand, five hundred pounds
(£7,500.0.0), have been accounted for in the Statements received
from the Crown Agents; and further remittances are on their way.
The actual indebtedness of the Colony has not increased; and the
balance against the Colony on Current Bank Account is very
materially reduced.



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FILE: 1870-11-17_Musgrave_to_Kimberley_B70147.txt
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No. 147

In Lord Granville's Despatch No 84, of the 14th August, 1869
on the subject of the proposed Union of this Colony with Canada
he mentioned the future position of Government Servants as one
of those questions requiring some personal care on the part of
the Governor which would not be necessary in the case of a
negotiation between two Responsible Governments.

2. Your Lordship is aware that by the sixth Article of the
Scheme of Union agreed upon between the Canadian Ministry and
the Delegates from this Government it is stipulated that

suitable Pensions such as shall be approved by Her Majesty's
Government shall be provided by the Government of the Dominion
for those of Her Majesty's Servants in the Colony whose position
and emoluments derived therefrom would be affected by political
changes on the admission of British Columbia into the Dominion
of Canada.

And in a Despatch from Lord Lisgar dated 7th July 1870
communicating the terms which had been arranged, he said:

I have been requested by my responsible advisers to add the
assurance that such provisions shall be made for the retiring
Pensions of Public Officers in British Columbia as you may
approve of.

3. Ample assurance is thus given for the provision of retiring
allowances if they shall really be required. But, I have learnt
from the Delegates since their return that the Canadian
Government is most anxious to avoid the necessity for them if it
be possible. They think that to many of the Officers they may
be able to afford employment satisfactory to them, and that in
the cases of others Your Lordship may be willing to provide for
them by appointments in other Colonies.

*

It is the latter question that I now
desire to submit for Your Lordship's consideration.

4. It is difficult to deal with the Officers who will be
displaced by Confederation and the subsequent introduction of
Responsible Government, simply as a class, with regard to the
probability of providing for them here under the new
arrangements. The peculiar circumstances and qualifications of
each Officer have to be considered. Those who will be affected
injuriously by the change are [salaries inserted in the margin]:

The Colonial Secretary, Mr Hankin [£800].

The Attorney General, Mr Phillippo [£800].

The Commissioner of Lands and Works, Mr Trutch [£800].

The Collector of Customs, Mr Hamley [650], and

The Auditor General, Mr Ker [£500].

Stipendiary Magistrates:

Mr Ball.

Mr O'Reilly.

Mr Sanders.

Mr Bushby.

Mr Pemberton.

Mr Spaulding.

Of these, the Magistrates may for some purposes be considered a
class apart, of whom I shall speak presently. The other five
Officers will probably all be displaced, except Mr Hamley the
Collector of Customs, whose services I think the Government of
the Dominion will probably be glad to retain, and who I believe
will not be unwilling to serve under them provided that it is
understood that in the event of his being subsequently
displaced he may have recourse to the provison for a pension.

**
Mr Trutch would probably prefer to remain in the service of the
Imperial Government if suitable employment could be given to him.
But, I think he would not be unwilling to take an appointment
from the Dominion Government and I think it likely also that one
may be found for him which may be acceptable. Probably Mr Ker,
the Auditor General, may in like manner be suited with
employment under the Federal Government which will leave him in
no worse position than that which he now occupies. But, there
remain the Colonial Secretary and the Attorney General, who have
been but very recently appointed to this Government since the
question of Union with Canada was agitated; this is especially
the case with Mr Phillippo. There will scarcely be any Office
in this Province in the gift of the Government of the Dominion
which would be suitable to either of these gentlemen, and I am
acquainted that the Ministry of Canada regard the provision of
pensions for them as bearing hardly upon Canada, having
reference to the exceedingly short term of their service in this
Colony. It would therefore facilitate the proposed arrangements
very much if it should be possible for Your Lordship to find
employment for these two gentlemen elsewhere, and I should be
glad to be informed upon this point for my guidance in further
negotiations.

5. The Stipendiary Magistrates form another Class of Officers
who notwithstanding their value would almost certainly be
disturbed in their appointments on the introduction of
Responsible Government. These Magistrates are not only Justices
of the Peace, but County Court Judges, Indian Agents, Assistant
Commissioners of Lands and Works, Collectors of Revenue, and
General Government Agents in the different Departments of the
Public service at their several Stations hundreds of miles apart.
I think that as a Rule these appointments are singularly well
filled, and I regard the successful administration of this
government and the remarkable maintenance of Law and order as
compared with the neighbouring Territories as mainly due to the
services of these officers.

7. [6.] As the Supreme Government of the Colony as well as the
administration of all affairs relating to the Indian Tribes will
rest with the Dominion, I regard it as of the greatest
importance to the tranquillity of the Province and the success
of the Union that these Officers should be Officers of the
Dominion and not be transferable to the control, or caprice of
local party government; who through mistaken motives of economy
by the substitution of unpaid or irresponsible Magistrates, or
some such policy, might entail upon the government at Ottawa an
amount of trouble and expense not easily to be computed.

7. I propose therefore that these Officers should be Officers
of the Dominion as County Court Judges and Indian Agents. If it
should not be thought objectionable to unite service to the
local government to responsibility to the federal authorities,
they might continue to render aid under the direction of the
Lieutenant Governor as the Deputy of the Governor in Chief
in the administration of local affairs, as they do now in the
business of the Land and Works, the collection of Revenue, and
other Miscellaneous duties. But, I would have them paid by
Canada and not amenable to the local administration except
through the Lieutenant Governor as representing the central authority.

8. This being conceded I should seek for an assurance to these
Officers from the Government of Canada that their appointments
will be considered permanent, that is they shall not be removed
without cause shewn, and that in the event of any organic change
in the official arrangements they shall either be provided with
appointments of equal value, or allowed to retire on pensions of
two thirds of their present emoluments; which may be estimated
in each case as Five hundred pounds (£500.0.0), though in some
instances an extra allowance has been made on account of the
greater expense of living in different districts.

9. As regard the subordinate Officers in Public Departments I
assume that they will continue to hold their present posts
whether the Offices to which they belong should be transferred
to the Dominion, or remain under the administration of the local
government, subject of course to any modification which may be
found necessary and from which no agreement could reasonably be
expected to protect them.

10. Under the arrangements which I have sketched, if the
Colonial Secretary and Attorney General can be otherwise
provided for, I think it probable that the Canadian Government
may be relieved of any present necessity for the payment of
pensions. But, I regard it as necessary that the provision
should be made in the event of necessity and as security to the
Officers concerned that they will not be allowed to go without
either employment or pension. But, it may readily be understood
that the pensions will not be drawn if the claimants are
provided with suitable employment.

11. In conclusion I would observe that it would be very
satisfactory to all the present Officials if they may be assured
that such chances as they may at present possess of promotion
through the Colonial Department would not be affected by any
appointments which they may now accept for the purpose of
facilitating the arrangements on Union; but that their claims
would still be considered for employment in the Imperial
service as opportunity or occasion may arise. It is my duty to
bear testimony to the loyalty and good feeling with which I have
been supported by the Official body in carrying out a policy
which they could not but be aware entailed some risk to them as
regards their personal interest.



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FILE: 1870-11-19_Gibbons_to_Colonial_Office_B706G01.txt
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Gibbons to Colonial Office

Will you kindly give me some information with regard to British
Columbia? Is the Colony in a good state morally? Is the climate
healthy? Are governesses required? Would a lady 34 years of age,
long accustomed to teaching find a situation in a family as
governess, and be likely to receive a good Salary? An early
reply would oblige.



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FILE: 1870-11-19_Musgrave_to_Kimberley_B70148.txt
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No. 148

I have the honor to report that I have appointed Mr James
Sullivan recently a Constable at Cariboo to be Clerk to the
Magistrate and Recorder of Mining Claims in the room of Mr W.M.
Cochrane believed to have been lost in the "City of Boston" on
his way to England.

2. The Salary attached to the Office at present is Four hundred
pounds (£400.0.0), but is dependent upon an Annual Vote of the
Legislature. The amount is small as compared with the great
expense of living at Cariboo. I believe Mr Sullivan to be well
qualified for the duties he has to perform, which require some
local experience, and the appointment would present little
attraction to anyone coming from a distant place to fill it.



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FILE: 1870-11-19_Musgrave_to_Kimberley_B70149.txt
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No. 149

I have hitherto deferred any reply to Lord Granville's Despatch
No 46 of the 12th May last respecting the transference of the
Crown Fund of Vancouver Island to the general Revenue of British
Columbia, because it was not possible to do anything under his
instructions until the next meeting of the Legislative Council.
Since that Despatch was written the probability of the early
Union of this Colony with the Dominion of Canada has very much
increased. On the Meeting of the new Legislative Council in
January there seems to be little doubt that the business first
attended to will be the completion of the terms of agreement.
The circumstances of the Colony will be so changed by
Confederation that the arrangement proposed by Lord Granville in
respect of the Crown Fund will scarcely be applicable. The
Crown Lands of Vancouver Island have already been transferred to
the local Government by the operation of the Land Ordinance,
1870. And I submit that it will now be best to leave the fund
in its present position until the Union has been completed, when
it may be transferred to the local government without any stipulation.



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FILE: 1870-11-21_Musgrave_to_Kimberley_B70150.txt
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No. 150

I have had the honor to receive Your Lordship's Despatch No
29 of the 20th October last, transmitting copy of a Letter
which the Hudson's Bay Company had addressed to you complaining
that the Colonial Government fail to give them any assistance in
attempting to check the illegal traffic in Spirituous Liquors on
the Coast; and requiring me to report whether the
Ordinance—No 28 of 1867 had been strictly enforced, or
whether its provisions are not sufficiently stringent to effect
the object for which it was passed.

2. No representations whatever have been made to me by the
Representatives of the Hudson's Bay Company in this Colony on
this subject; and it would have been reasonable to expect if
their Agents regarded the government as having the power to
prevent the traffic of which they complain that they should have
called my attention to the matter; and I am not informed that
the Company itself makes any attempt to check the traffic; they
certainly have furnished no information which would lead to the
conviction of offenders. In fact they are as well aware as I am
that the difficulty lies not in the insufficient stringency of
the Law or the absence of willingness to enforce it, but in the
circumstance that practically it is found, as stated by Mr
Grahame, to be impossible to "prove any case in point," for want
of proper evidence. Mr Grahame's remedy is that a "Gunboat
should be employed to watch the Coast." But, even one Gunboat
would be inadequate to exercise the necessary surveillance over
several hundred miles of Coast; and I fear that without the
constant employment of one or more Vessels as Cruisers for this
purpose it will always remain difficult to prevent the traffic.
It is represented as carried on in "Schooners that clear from
Victoria and take on board liquor outside the Harbor." It is
true that the liquor is not on board when these Coasting traders
leave Victoria; but it is not in fact known where or when they
take on board the liquor which it is believed that they trade to
Indians in exchange for furs. The Gulf of Georgia abounds in
Islands, Bays, and Inlets affording numerous places where it is
easy to have the liquor left to be taken, or put on board by
concert with other persons for such a purpose; and, moreover, as
the American Ports on Puget Sound are at no great distance from
Victoria it is quite possible for their supplies to be obtained
from thence. It is only by following these traders to the parts
of the Coast far up to the North which they frequent for traffic
that it is possible to prove against them any infraction of the
Law. In cases where the offence has been proved the penalty has
been enforced. One such occurred during the visit of my
Predecessor to the North Coast in the early part of last Year as
mentioned in Mr Trutch's Report forwarded in Mr Hankin's
Despatch No 22 of 26th June 1869. But, it is not within
the means of this government to maintain an armed Vessel
specially for this purpose, nor do I think that the Lords of the
Admiralty would readily consent to the employment of Gunboats
for this service. But without some such assistance it is found
practically almost impossible to give effect to the provisions
of the Law however stringent or salutary.



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FILE: 1870-11-23_Musgrave_to_Kimberley_B70151.txt
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No. 151

I have the honor to acknowledge the receipt on the 18th instant
of Your Lordship's Despatches, of the numbers and dates noted in
the margin,

*

and to transmit herewith the Schedules of those remaining unanswered.



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FILE: 1870-11-25_Kimberley_to_Musgrave_B707134.txt
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No. 34

With reference to my Despatch No. 16 of the 2nd Sept. last
acknowledging the receipt of your despatch No. 92 of the 27th July,
respecting the rules and regulations for the management and Government
of common Schools established [by] the B.C. "Common School Amendment
Ordinance 1870" I have to observe that it appears to me unlikely that
Common prayer in mixed Schools may be objected to in B.C. for the same
reasons which have caused objections to it in Ireland. You are doubtless
aware that it is prohibited by the National Board of Education in
the latter country.

The Irish Board has also found it necessary to discontinue the use
of such books on Scripture lessons and lessons on Christianity which I
perceive are among the books to be used by the Common Schools during the
hours of united instructions.

I do not desire to interfere with the Regulations as they seem to
be unobjectionable, but I think it right to submit these observations
for your consideration, and that of your Council.



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FILE: 1870-11-30_Kimberley_to_Musgrave_B707135.txt
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No. 35

I have the honor to acknowledge the receipt of your Despatch No.
139 of the 19th October on the subject of the suspension of Mr. T.B.
Humphreys from his seat in the Legislative Council of British Columbia.



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FILE: 1870-12-06_Kimberley_to_Musgrave_B707136.txt
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No. 36

I have the honor to acknowledge the receipt of your Despatch No.
136 of the 17th of October, and I approve of the Proclamation which you
have issued bringing into operation the Imperial Act No. 66 of 1870 "to
make further provisions for the Government of British Columbia" and the order in
Council of the 9th of August 1870 made in pursuance of that Act.



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FILE: 1870-12-07_Musgrave_to_Kimberley_B70152.txt
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No. 152

I think it right to suggest that the attention of the Postmaster
General should be called to the disproportion which now exists
between the rate of Postage from this Colony to Great Britain
and the rates from this Colony to the United States and from the
United States to England.

2. At present the rate of Postage to and from Great Britain, on
a single letter, under 1/2 ounce, is one Shilling, or twenty
four cents. The rate, under the recent arrangements, to any
part of the United States is six cents, or three pence; and the
same rate of six Cents is all that is charged on Letters from
the United States to Great Britain. Consequently persons
writing from British Columbia can enclose their Letters for
England to correspondents in California and have them reposted
there for half the rate of postage which would be charged upon
them at our own Post Office.

3. This disproportion ought not to continue. The existing rate
of Postage to England was established before the opening of the
Pacific Railway, when the Mails were sent via Panama; but the
whole course of postal service has since been modified.



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FILE: 1870-12-07_Musgrave_to_Kimberley_B70153.txt
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No. 153

Referring to Your Lordship's observations upon the Land Registry
Act, 1870, made in the concluding paragraphs of Your Despatch
No 18, of 5th September, I have the honor to transmit a Copy
of a Letter from the Attorney General enclosing others from Mr
Crease, his Official Predecessor, and Mr Alston, the Registrar,
upon the subject to which Your Lordship adverts.

2. I think with these gentlemen that it would scarcely be
desirable at the present time to reopen the discussion upon the
question of Registration.



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FILE: 1870-12-08_Musgrave_to_Kimberley_B70154.txt
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No. 154

I have the honor to forward to Your Lordship a Letter from Mr
Ball, one of the Stipendiary Magistrates of this Colony praying
for a nomination to a Naval Cadetship for his son. Mr Ball is
one of the oldest Public Servants in this Colony, and I shall be
glad if my recommendation may be of service to him. I am aware
that in other Colonies the Governor is periodically permitted
under certain Regulations to make nominations to Naval
Cadetships. But I cannot trace any correspondence upon the
subject in the Records of my Office, except a recent Circular
Despatch of 11th June last, which does not refer to earlier
instructions; and perhaps the regulations have not been extended
to this government.



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No. 155

I have communicated to Chief Justice Begbie, Your Lordship's
Despatch No 31, of 29th October with its enclosures in
regard to Mr Robinson's request to be allowed to insert the
information contained in Mr Begbie's Letter on the subject of
the Fraser River "Benches" in the "Athenaeum"
or some similar periodical.

2.££I now have the honor to enclose a copy of a Letter from Mr
Begbie, in reply in which he expresses his readiness to leave his
Paper on the "Benches" entirely at your Lordship's disposal.



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FILE: 1870-12-10_Musgrave_to_Kimberley_B70156.txt
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No. 156

I have hitherto postponed my reply to Earl Granville's Circular
Despatch of 23rd March last, respecting the Census to be taken
simultaneously throughout the Empire in 1871, until the time

should arrive for making arrangements for the next Legislative
Session. After consultation now with my Council I coincide in
their opinion that it would be inexpedient for several reasons
to attempt to take a Census at this time under the circumstances
of this Colony. Public attention is now engaged with the
arrangements proposed for Union with Canada and it is not
desirable to bring forward any other measures which can be
avoided. In a Colony like this where distances are so great and
settlers are sprinkled over large areas, it would be difficult
as well as very expensive to take a Census, and a great deal of
trouble would be entailed on official departments just when in a
state of transition and rearrangement. A large proportion of
the population are migratory and unsettled, the returns would
not be very accurate, and for purposes of comparison would be of
little value, as those in the Appendix to the General Report of
1861 were only estimated.



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No. 157

I have had the honor to receive Your Lordship's Despatch No 24
of the 22nd September, forwarding a Copy of the reply which you
had received from the General Post Office, assenting to my
recommendation that the Money Order System should be extended to
this Colony.

2. With reference to the enquiries contained in Mr Parkhurst's
Letter, I have the honor to state that—

1. In the first instance it will be sufficient for the
requirements of the Colony to make Orders payable at the Offices
in Victoria, New Westminster, and Cariboo.

2. I would recommend that the rate of Commission should be the
same as in the case of the Dominion of Canada, of which British
Columbia will probably soon form a part—viz:

For sums not exceeding Two pounds, one shilling. For sums above
Two, but not exceeding five pounds, two shillings; from Five to
seven pounds, three shillings, and from Seven to Ten pounds,
four shillings. But I would leave this to be settled in
accordance with the general experience of the General Post
Office.

3. To the proposed Rules generally this Government will readily
assent. But with regard to the eighteenth, I submit that
remittances by every Mail to meet Drafts would be unnecessary in
the case of this Colony; as the General Post Office has
periodically to make payment on our account to the Crown Agents,
in respect of the subsidy for carriage of the Mails to and from
San Francisco which is paid here in monthly instalments from the
Colonial Treasury. The amount of Money Orders is not likely to
be large, and the Imperial Office can then deduct it from the
payments due from that Department to the Colony.



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FILE: 1870-12-12_Musgrave_to_Kimberley_B70158.txt
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No. 158

I have the honor to acknowledge the receipt of Your Lordship's
Despatch of 5th November, forwarding the undermentioned
Parliamentary Papers.

Emigration Commissioners Report, 1870. 4 copies.



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FILE: 1870-12-12_Musgrave_to_Kimberley_B70159.txt
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No. 159

I have the honor to acknowledge the receipt on the 6th instant,
of Your Lordship's Despatches of the numbers and dates noted in
the margin

*

and to transmit herewith the Schedules of those remaining
unanswered.



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FILE: 1870-12-14_Musgrave_to_Kimberley_B70160.txt
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No. 160

I have consulted the Executive Council on the subject of Your
Lordship's Circular Despatch of the 17th October, respecting
the advantages of compulsory vaccination, and the possibility of
enforcing the system in this Colony. But, I fear that the
circumstances of such a Community as this altogether preclude
any reasonable expectation that the same results could be
obtained as are seen in better organized societies. The white
population are well enough disposed to adopt the precaution of
Vaccination wherever it is within their reach, as I am informed
by Gentlemen of the Medical profession, but the impossibility of
establishing any efficient system for the registration of Births
in a wild Country like this would render comparatively valueless
any attempt to enforce a compulsory system.

2. Even, however, if such a measure could be enforced with
regard to the White population, it would be quite out of the
question among the Indians who are far more numerous. Great
numbers of Native tribes have been vaccinated from time to time,
and I am informed that during periods of alarm from Small-pox
many of them have, of their own accord, come to Medical men to
be vaccinated. But, I am advised and I believe that in
consequence of their superstitious prejudices and suspicions it
would be exceedingly unsafe to attempt to apply any compulsory
system, even if it were not impossible to do so. And where the
Indians are so much in communication and contact with the white
population all over the Colony any regulations which affect only
the latter must be futile.



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No. 161

I have the honor to forward to Your Lordship for transmission to
the proper Departments Printed copies of a Notice issued by
this Government that a Fog Bell has been placed on "Race Rocks"
in the Straits of Fuca.



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FILE: 1870-12-16_Kimberley_to_Musgrave_B707137.txt
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No. 37

I have received and read with interest your Despatch No. 141 of
the 5th of November containing an account of your visit to various
places on the coast of Vancouver Island and British Columbia, and I
observe with much satisfaction the loyal and kindly tone of the
Addresses presented to you at Nanaimo and Cowichan.



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FILE: 1870-12-16_Kimberley_to_Musgrave_B707138.txt
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No. 38

I have to acknowledge the receipt of your Despatch No. 138 of the
18th October on the subject of the Audit of the Public accounts and the
Audit Returns required in connection with the Estimates.

In the case of the Colony which, like British Columbia under its changed
constitution possesses representative Institutions, but not Responsible
Government, it is right that the Representatives of the people should
have full and early knowledge of all important Acts of the Government in
connection with the financial questions, the consideration of which forms
a material part of the business of the Legislative Council; although
that Council cannot have the same control over the Public Officers of
the Colony as is possessed by the Legislature of a Colony under
Responsible Government.

Subject, therefore to the distinct
understanding that the Auditor of British Columbia will not become Responsible to
the Legislature, but will continue to be under the control of the Governor, and to hold
his office on the same tenure as any other civil officer. I have no
objections to your proposing to have an Audit Committee of the Legislative Council
in order that the members of that body may be satisfied as to the
efficient discharge of the duties of the Audit Office and while the
Treasurer and the Auditor must act on instructions from the Governor and
be responsible to him for the collection and disbursement of all Public
Monies and the keeping of Accounts of the Colony, I am of opinion that
any instruction which with advice from the Executive Council you may from time to
time think it desirable to issue to these Officers and any reports made
by you under their instructions, should be laid before the Exexutive Clouncil for
their information.

There should of course be a distinctly defined power vested in the
Executive of discharging in any emergency the expenditure of money for a
purpose for which specific provision may not have been previously made in
any Appropriation Ordinance, but in such a case the necessary sanction
should be conveyed to the Auditor as well as to the Treasurer in a
Minute of the Exexutive Council and a copy of such Minute should be laid before
the Legislative Council as soon as practicable for their information.
The annual report of the Auditor should also be laid before the Legislative Clouncil
as early as possible in each year and the usual number of printed copies
should be sent to the Secretary of State.

Referring to the 4th paragraph of your Despatch I am of opinion
that it will be sufficient for the present that I should receive with
Estimates for 1871 and the Supplementary estimates for 1870 in addition
to any other information and Returns which you may lay before the Legislature in connection with
those Estimates, the statements of Assets and liabilities. The
Treasurers Return of Cash transactions for the preceding years as
required by the instructions of my Predecessor the Duke of Buckingham
and with these it seems to me the Council should be furnished [some]
elucidation of the Estimates.

With reference to my Despatch No. 33 of the 15th Nov. in which I
instruct you to forward as heretofore the Quarterly Financial Returns I
have to inform you that the general abstract of those Returns will be
sufficient for the information of this Department, and that you may
discontinue to sending the sub-Returns of which it is comprised.

I have to request that you will also forward to this Department, as
soon as the accounts for the year including the Agents Account are
composed of comparative statements of actual Revenue and Expenditure for
that and the preceeding year.



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No. 162

I have the honor to forward for Your Lordship's consideration a
Duplicate Copy of a Letter from the Attorney General,
representing the difficulty which is experienced with respect to
the issue of valid Crown Grants in a number of cases where
persons had purchased land in Vancouver Island from the Hudson's
Bay Company prior to the revocation by the Crown of the Grant to
them, and had not completed the payment of the purchase money at
that time, and have since paid the remaining instalments to the
local Government.

2. The Attorney General suggests that the Hudson's Bay Company
may be asked to transfer to the Crown the outstanding legal
estate in all lands sold by them for Colonization purposes in
the Victoria District of the Island where no Title has been
given by the Company; in order that valid and effectual Crown
Grants may be given to the purchasers.

3. Mr Phillippo has fully explained the reasons for regarding
this course as necessary, and I need not trouble Your Lordship
with further observations on the subject.



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FILE: 1870-12-20_Hammond_to_Under-Secretary_of_State_B705FO12.txt
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Hammond to Under-Secretary of State

With reference to your letter marked "Confidential" of the 22nd
ultimo, I am directed by Earl Granville to transmit to you, to
be laid before the Earl of Kimberley, the accompanying Copies of
Correspondence with Sir E. Thornton in regard to the San Juan
Census.



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No. 163

Referring to my Despatch No 136, of 17th October, I have the
honor to report that the Writs for the Elections of Members of
the new Legislative Council have all been returned, and the
following are the names of the Members elected—

Mr Nathan - for Victoria

Mr Helmcken - "

Mr De Cosmos - Victoria District

Mr Bunster - Nanaimo & Comox

Mr Nelson - New Westminster

Mr Cornwall - Yale & Lytton

Mr Humphreys - Lilloett & Clinton

Mr Carrall - Cariboo

Mr Skinner - Columbia & Kootenay

2. In exercise of the authority given to me by the 6th Section
of the recent Order in Council I have appointed the following
Gentlemen to be Members of the Council provisionally and until
confirmed in their appointments by Her Majestys Warrant, namely:

The Honourable Philip James Hankin

" George Phillippo

" Joseph William Trutch

" Wymond Ogilvy Hamley

(members of the Executive Council) and Augustus Frederick
Pemberton, and Edward Graham Alston Esquires.

3. The Constitution of the new Legislature is thus completed,
and I have issued a Proclamation of which I enclose a Copy,
convening a Meeting on the 5th January.

4. The business of the Session will be almost entirely limited
to completing the proposed Union with Canada, and I do not doubt
the favorable issue of the proceedings for this purpose.
Attempts may probably be made to obtain modifications of the
terms agreed to by the Government of Canada, but I have heard of
none proposed that ought reasonably to be excepted by this
Colony, and I think that I shall be able to obtain sufficient
support even among the elected members to avoid or surmount any
complications arising from this cause. All elected Members have
been returned in favor of Confederation.

5. The most important question likely to be raised is as to the
time when "Responsible Government" shall be introduced. The
Community are certainly in favor of this form of administration,
and a party is prepared to press for its adoption simultaneously
with Union. To introduce it simultaneously is practically
impossible; for this cannot be done without another change of
constitution and the passing of an Election Law with provision
for an enlarged Representative Body. But, the necessary steps
for the purpose would certainly be taken at the earliest
possible moment after Union if they are prevented now. Some
facility will therefore probably be afforded to me in dealing
with the principal question of the Union itself, if I anticipate
the movement by introducing a Bill during the present Session
for effecting such changes as will render possible the
introduction of the desired system with the first meeting of an
enlarged Council in which nominated members will not sit, and
which might be elected under the proposed Act soon after the
declaration of Union. I should oppose such a measure except as
a pendent to Confederation, which will remove the most important
portions of public affairs to the control of the Parliament of
Canada; and it shall not be passed until Confederation is
finally agreed to; but, after that, I shall regard it as
expedient to bring forward a Bill for further modifying the
Legislative Constitution, as there will be some advantage in the
management of it by the present government.



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No. 164

I have the honor to report the Execution on the 15th instant of
an Indian, at Nanaimo, known as "Jim," sentenced to death by
the Supreme Court for the murder of a White Settler named James
Hamilton. The Executive Council unanimously agreed with me that
there was no ground for interference with the sentence of the Court.



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No. 165

I have the honor to forward to Your Lordship a Letter from Chief
Justice Begbie in which he renews his application for the
appointment of Chief Justice of the Straits Settlements, which
he is informed has now been resigned by Sir Philip Maxwell.

2. It may not be out of place to mention that the promotion of
Mr Begbie as he desires may facilitate some of the official
arrangements consequent upon Confederation. I would suggest to
Your Lordship for consideration, with reference to my Despatch
No 147 of the 17th ultimo, that in the event of Mr Begbie's
removal, Mr Crease may be appointed Chief Justice, and that Mr
Phillippo the Attorney General may then be provided for by
promotion to the vacant Office of Puisne Judge.



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FILE: 1870_McGilvary_to_Secretary_of_State_B706M06.txt
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McGilvary to Secretary of State

Would you hav[e] the goodness to inform me what steps it
requires to be taken regarding my
Son James
[who] at Present (I am told) is confined in a Lunatic asylum at
Vancouvers Island and i hav[e] not the means at my disposal

to bring him home to this Place by doing so you will confer
a very great Favour on your Humble Servent.



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FILE: 1870_Musgrave_to_Granville_B70009T2.txt
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Telegram

May Crease have puisne justiceship salary small to tempt man
from England expense so great.



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FILE: 1870_Musgrave_to_Granville_B70027T.txt
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Telegram

Has Needhams Warrant gone Trinidad ready to start wishes to know.



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FILE: 1870_Nias_to_Queen_Victoria_B706N02.txt
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Nias to Queen Victoria

Sheweth:

That in the year 1860 your Petitioner emigrated to the Colony of
Vancouver Island.

That Sir James Douglas, then the Governor of Vancouver Island,
as empowered by law, issued several Proclamations, (having the
force of law,) prescribing the manner in which land might be
acquired by persons actually living on it and improving it.

That the third Proclamation issued in 1863 (to the best of your
Petitioner's recollection) allowed land to be Pre-empted without
restriction
in any part of the Island.

That your Petitioner relying on the
bona fides
of this Proclamation Pre-empted a small piece of land, containing
from 9 to 16 acres, situated about half a mile from the boundary
of the Town of Victoria.

That your Petitioner complied in every respect with the very
stringent requirements of the Proclamation—registered his
Pre-emption at the Surveryor-General's office in the Town of
Victoria. (The Surveyor-General [Mr] Pemberton, being present
assisting [at] the entry)—fenced in the land, built a house on

it and was living in it within one month from the time of
registering his claim, and with his family has continued to
reside upon it—and your Petitioners
family are now residing upon [it], during his temporary absence.

That by the terms of the Proclamation at the expiration of
Two years from the date of registering the Pre-emption claim, the
Governor (or other authority) was to issue a Title to such
Pre-empted land on payment of one dollar per acre.

That more than
four years
have elapsed since your Petitioner should have had his Title to
such pre-emption but the officials refuse and neglect to issue
the proper Title on various frivolous pretexts—but really
because some-one of greater influence than your Petitioner
wishes to obtain the land, which is beautifully situate on the
Sea Coast.

That your Petitioner is too poor to go to law with the Government.

That your Petitioner has expended all his means (about £600) on
building a house, barn and outhouses, sinking two wells 90 feet
deep, planted an orchard and expended much labor on the place.

That Mr William A.G. Young late Secretary of British
Columbia is now in England and cannot deny the
facts set forth by your Petitioner should enquiry be made of him.

Your Petitioner therefore Prays that your Most Gracious Majesty
3
will cause the proper authorities without further delay to
issue the proper Title to which under the said Proclamation
your Petitioner is entitled.

And your Petitioner will ever pray that health and happiness may
long attend your Majesty and that peace beyond the Grave may be
your Majesty's portion hereafter.



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Young to Birch (Assistant Clerk)

I called on the Crown Agents last Wednesday to draw my Salary,
and was told that it had not been advised, as soon as it was
they would send the amount due me to Guernsey. Fearing it may
not yet have been advised, I drop you a line to ask you kindly
to move the necessary Machinery so that it may be done.

If the Colonial Office are in search of any hardworking
Officials, and have any good appointments to give away, I am
open to an offer, if it is anything better than the one I am now
holding.

