No. 24

I have received a letter addressed to me by Mr Begbie the Judge
of British Columbia, from Victoria, Vancouver's Island, on the 1st
December last, and am glad to have this early information of his arrival.

You will, however, have the goodness to inform Mr Begbie, that it
is generally advisable that he should address representations respecting
matters of Colonial government and interest to yourself, as Governor, in
the first instance, and that when (as on the present occasion) he
thinks it necessary to divert from that course on special grounds, by
addressing the Secretary of State, he should always transmit to the
Governor his letter to the Secretary of State, for any report which the
Governor may think proper to add. This is the rule prescribed by the
Colonial regulations, and founded on the strongest grounds of public
convenience: and I do not doubt that Mr Begbie departed from it
through inadvertence only.

With respect to the doubts which Mr Begbie suggests, he will
observe that your power of legislation is for the present unrestricted:
and I have no doubt you will cooperate with him in giving to his Court
all such powers as it may in your and his estimation require. You can
constitute it a Court of Record: give it equitable jurisdiction: and
ecclesiastical jurisdiction in case of Wills and Administrations. With
regard to Admiralty jurisdiction, which is more usually conferred from
home: there is no longer any question at issue, for you have been
apprised by my despatch of the 6th January last that Her Majesty has
thought proper to establish a Court in British Columbia for the trial
of offences against the Laws of Vice Admiralty.

As to the recent Divorce and Matrimonial Causes Act, it may be a
matter of rather curious question, whether the law thus established
extends to British Columbia, a Colony constituted after its passing, or
not, but I should think it much better that such doubts be superseded by
enactment, establishing such provisions as may be deemed expedient in
the infant state of British Columbia. My predecessor Lord Stanley
suggested the assimilation of the law of the Colonies in general to that
of England in this respect: and there are obvious advantages in a
similarity of laws throughout the Empire on marriage question: but I do
not consider it necessary to press this subject upon you, leaving it to
yourself to decide whether the subject may not be better dealt with by
the Colonial Legislature which I hope to find soon established.

A Seal for the Court has been ordered and will soon be sent.