Confidential

I have had the honor of receiving Your Grace's Confidential
despatch of 12th May acknowledging the receipt of my
despatch of 22nd November, No. 149, covering a Bill for the
acquisition of Crown Lands in British Columbia which I reserved
for Her Majesty's pleasure.

2. your grace points out that the order in council under which
my powers as a Legislator are derived does not enable me to
reserve a Bill for the signification of Her Majesty's pleasure
nor does it give Her Majesty the power of assenting to such Bill.

3. I would respectfully beg to observe that the 9th and
10th and 11th sections of the Order in Council of the
11th June 1863 are as follows

IX. The Council shall in the transaction of business and the
passing of laws, conform as nearly as may be to the directions
conveyed in that behalf to the Governor of British Columbia in
certain Instructions under the sign Manual and Signet, bearing
date the 2nd day of September 1858 until otherwise provided
by Us and such further instructions as may hereafter be
addressed to the Governor in that behalf.

X. Subject to such Instructions the Council may make such
Standing Rules and Orders for the regulation of their own proceedings.

XI. No Law shall take effect until the Governor shall have
assented to the same on behalf of Her Majesty, and shall have
signed the same in token of such assent.

4. Obeying the Royal Instructions I framed Standing Rules and
Orders for the adoption of the Legislative Council. The
42nd [insertion in text: 43rd] Clause is as follows—

It shall be in the power of the Governor to reserve Bills for
Her Majesty's consideration, and to assent to them when so
instructed although the Council shall have been prorogued.

Assented to by the Legislature of the Colony I conceived these
Orders to have the force of Law. Mr Secretary Cardwell's
despatch No. 37 of the 3rd July 1865,
acknowledges the receipt of my despatch transmitting the
Standing Orders and adds, "These Rules appear to have been
devised with pains and do credit to the consideration which must
have been bestowed on the subject, and I hope that they may work
to the satisfaction of the Council and the Public."

5. The 6th Section of the Imperial Act 28 and 29 Victoria
Chapter 23, strengthened the belief I entertained. It seems to
recognise the power as inherent in a Governor.

6. My error was not pointed out in Your Grace's despatch No. 52
of the 5th of September 1867 which acknowledges the receipt
of a reserved Bill and gave instructions for its amendment.

7. Under these circumstances imprudently I considered myself
justified in acting as I have done, more especially as I exerted
the right of reserving bills for Her Majesty's consideration in
a Colony—Honduras—with which I was formerly connected.

8. It has always been held here that a formal notification of
my assent as Governor to a Bill was necessary to give it the
force of law and such assent I have been in the habit of giving
in the words, "Assented to in Her Majesty's Name." These words
are not in the Land Bill to which Your Grace refers and it is
totally inoperative although my Secretary, perhaps imprudently,
has put the Seal of the Colony to the Copy I forwarded to Your
Grace and though my signature is attached in evidence of its
correctness. The original has no Seal and is unsigned by me.
It cannot therefore have the force of Law.

9. Your Grace will observe that I commenced the fifth paragraph
of the Speech with which I closed the Session with the words—"I
reserve for the signification of Her Majesty's pleasure the
proposed Ordinance respecting the disposal of the Crown Lands."

10. The 42nd Clause of the Standing Orders certainly if Law
facilitate public business. As it is desirable in an English
community to allow the greatest freedom of debate in matters of
Legislation, I have abstained from presiding in the Council.
The Bills are brought up to me in considerable numbers just
about the time when I must send the Magistrates to their
respective districts. It was a convenience to me to consider
that I could reserve any bill of unusual complexity and assent
to it when instructed. I shall however in future send back such
bills to have a suspending clause added, although I fear that in
some cases this course will cause the whole question to be reopened.

11. I shall, as Your Grace directs, frequently refer to the
letters Patent and other Instruments from which my powers as
Governor are derived.

12. I may add that the New Land bill was little liked and that
[I] am glad that I have not received Your Grace's instructions to
bring it into operation.