Palmer and Collier to Cardwell

We are honored with Your commands, signified in Sir
Frederic Rogers's letter of the 7th of June, inst, stating
that he was directed by you to acquaint us, that a question
has been raised as to the Limits of the Colonies of
Vancouver's Island and British Columbia.

That the Act 12 and 13 Victoria c. 48

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contains the following clause

IV And be it enacted, that all such Islands adjacent to
Vancouver's Island, or to the Western Coast of North America, and
forming part of the Dominions of Her Majesty,
as are to the Southward of the Fifty second degree
of North Latitude, shall be deemed part of
Vancouver's Island for the purposes of this Act.

That by the 6th clause of the temporary
Act, 21 & 22 Victoria c. 99,

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it was provided that

no part of the Colony of Vancouver's Island, as at
present established, shall be comprised within
British Columbia for the purpose of this Act.

That the Act 26 and 27 Vic. c. 83,

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after repealing the First Section of the Act 21 and 22 Victoria
c. 99, and continuing the remaining Sections till the
31st December 1863 (when they expired), proceeded to enact, that

British Columbia shall, for the purposes of the said Act, and all other
purposes, include Queen Charlotte's Island, and all other Islands
adjacent to the said Territories except Vancouver's Island
and the Islands adjacent thereto.

That, under these Acts, you requested, that we
would favor you with our opinion, whether the Islands adjacent
to the West Coast of North America belong to British Columbia
or to Vancouver Island; and, if so, what course we would
recommend, in order to prevent controversy between the two
Colonies, respecting their jurisdiction over the interjacent Islands.

Sir Frederic Rogers was also pleased to annex, for
convenience of reference, a Map including the two Colonies,
and a Copy of a Despatch from the Governor of British
Columbia, which has raised the question.

In obedience to Your commands, we have taken this
matter into consideration, and have the honor to Report

That we think all the islands adjacent to the
West Coast of North America, south (i.e. lying wholly
south) of the 52nd degree of North latitude, still
belong to Vancouver's Island, and not to British Columbia.
The point seems to us too clear, to admit of controversy.
The words, in section 3 of 26 & 27 Vict. cap. 83,
"Vancouver's island, and the islands adjacent thereto"
are perfectly sensible if applied to such islands, without
exception: and, as the definition is given for the
purpose of the Act 21 & 22 Vict. cap. 99, (while it should
continue in force,) as well as for all other purposes, it
must be read consistently with, and not as repealing or
altering, the 6th section of that Act, which (like all
other sections of it, except the first,) was, by sect. 2 of 26 & 27 Vict.
cap 83, expressly kept in force till the 31st Decr 1863.

It does not occur to us to suggest any course, except
that, if the Commissions of the Governors are not clearly
in accordance with the law, in this respect, they should be made so.